TERMS OF USE

Last revised on June 14, 2019

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using Criptex website at https://criptex.com (the “Website”) or Criptex mobile app (the “App”), together referred to as "Criptex platform" or “Platform”.

This is a contract between you and Criptex

Registered in accordance with the laws of Spain with reg. No. 3732949

Address: Avinguda Diagonal, 534, Barcelona, Spain

Email: [email protected]

(the “Company” or “we”).

These Terms and Conditions govern your use of Criptex platform and the services offered on it (the “Services” or “Criptex Services”).

Your access to and use of Criptex platform, and the Services are conditioned on your acceptance of and compliance with these terms.

By accessing or using the Platform you agree to be bound by these Terms. If you disagree with any part of these Terms, do not access the Platform or use the Services.

Please note that deposit and withdrawal of your cryptocurrency funds are carried out in a manual mode and confirmed by our administrators. Contact our support service, if you have any questions.

  1. Changes
    1. We may amend these Terms or our other operating rules, policies or procedures from time to time. We will notify you of any changes to the Terms by posting the updated Terms on the Platform and sending you a three (3) days email notice, and we will revise the “Last revised” date above. Any changes to our operating rules, policies or procedures shall be incorporated herein.
    2. It is your responsibility to maintain a valid email address in your account data and to ensure that it can be used for notices. If you do not agree with the changes or modifications, you shall not use the Services after the effective date of the changes and delete your Account. The then-current version of the Terms will supersede all earlier versions. You agree that your continued use of Criptex platform and our Services after such changes become effective will constitute your acceptance of such revised Terms and operating rules, policies or procedures (as applicable).
  2. Preface
    1. Criptex is an online tool, which enables you to store, use, exchange and manage different digital assets such Bitcoin, Litecoin, Dogecoin, Namecoin, Reddcoin, Dash, Peercoin, Blackcoin and others.
    2. Our Services include:
      1. Order matching. You can place orders for trading a supported digital asset (market, limit, stop, stop limit). The Platform matches your trades with open orders from other users of the Platform. You cannot predetermine a trade with a particular user or with a particular account. Your order may be partially filled or may be filled by multiple matching orders. Types of orders available as of the “last revised” date:
        1. Market order is an order to buy or sell at the best average market price, which will be executed immediately. If you use this type of order, you are not guaranteed the exact price.
        2. Limit order is an order to buy or sell at a price you specify or better. Limit order may not be completed if there are no orders matching the order price.
        3. Stop order is an order to buy or sell once the price of the digital asset reaches a specified price (the stop price). When the stop price is reached, a stop order becomes a market order and will be executed at the best average market price, which can be higher or lower than the stop price.
        4. Stop limit order combines the features of a stop order and a limit order. Once the stop price is reached, a stop-limit order becomes a limit order that will be executed at a specified price (or better).
        5. The amount of a minimum crypto deposit for the exchange is not limited by us, but it can be restricted only by the blockchain system itself of a certain cryptocurrency. However, the amount of a minimum exchange order is equivalent to $10.
      2. Digital assets wallet. To trade digital assets on Criptex, you may need to use Criptex digital asset wallets. You can credit or withdraw funds from your Criptex wallets, subject to limitations imposed by these Terms and Conditions and our fees.
    3. Criptex does not purchase digital assets for its own behalf.
    4. Our Services may evolve over time. This means we may change, replace, or discontinue (temporarily or permanently) our Services at any time for any reason with or without notice. In this case, you may be prevented from accessing or using Criptex and our Services. If, in our sole discretion, we decide to permanently discontinue our Services, we will provide you with notice via the website.
    5. We do not provide you with any national currency wallets, although you may advance the funds to us for carrying out your orders and trades, subject to the fees and limitations set out in these Terms and Conditions.
  3. Eligibility
    1. By accessing or using the Platform, you represent and warrant that, as of the date of each access to or use of the Platform:
      1. You reached the legal age to form a binding contract (at least 18 years old in most of the countries);
      2. You have not previously been suspended or removed from using the Platform;
      3. You have full power and authority to enter into and perform this agreement and in doing so will not violate any contract to which you are a party or a rule of law applicable to you;
      4. All consents and authorization required by law or contract for you to create an Account, use the Services, trade digital assets and otherwise interact with the Platform are granted, valid and are not withdrawn.
      5. If you are acting on behalf of a legal person, you are duly authorized to create an Account, use the Services (including trade digital assets) and otherwise act on behalf of such legal person.
    2. You shall cease using the Platform if the laws applicable to you by virtue of your place of residence, citizenship or any other grounds prohibit you from doing so in accordance with these Terms.
  4. Registration and Account
    1. In order to use the Services, you must create an account with Criptex ("Account").
    2. You undertake to:
      1. provide accurate, current and complete information when creating or updating an Account;
      2. maintain your Account accurate and promptly update it;
      3. maintain the security and confidentiality of your login credentials and restrict access to your Account and your computer;
      4. promptly notify Criptex if you discover or otherwise suspect any security breaches related to the Site;
      5. activate Two-Step-Verification via a mobile application or SMS text messages;
      6. and take responsibility for all activities that occur under your Account and accept all risks of unauthorized access without active Two-Step-Verification. Criptex will not be in any case responsible for an unauthorized access to accounts with inactive Two-Step Verification.
      7. not to use the Platform and the Services for any purposes which are outside of your profession, business, craft or trade.
  5. Indemnification
    1. You agree to defend, indemnify and hold harmless us, our independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your violation of these Terms and Conditions. Some jurisdictions limit consumer indemnities, so some or all of the indemnity provisions above may not apply to you. If you are obligated to indemnify us, we will have the right, in our sole and unfettered discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.
  6. Account Suspension & Closure
    1. We may, without liability to you or any third party, refuse to create an Account for you, suspend your Account, or terminate your Account or your use of one or more of Criptex services. Such actions may be taken as a result of you failing to provide or update Account upon our request, effect of laws or regulations applicable to us or you, or your violation of the terms of this Agreement.
    2. If you have digital assets remaining in a Criptex wallet, which has been suspended or closed, you will be able to access such digital assets and transfer them to an external cryptocurrency 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 at [email protected] to withdraw such digital assets. 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.
    3. You acknowledge and agree that we are not liable for any price fluctuations.
    4. In the event of Force Majeure we may:
      1. suspend access to the Services;
      2. prevent completion of any orders or trades.
    When trading resumes, you acknowledge that the market rates may differ significantly from the rates available prior to the effect of Force Majeure.
  7. Transactions
    1. To create and complete an order or trade at Criptex, you must first credit funds to your Criptex accounts or digital assets to your Criptex wallets. We may require you to provide additional information or to complete certain actions to verify that you control the accounts you use to credit funds and/or digital assets.
    2. Crediting or withdrawing funds and/or digital assets to or from your Criptex account and wallets is subject to our Fees described in the Fees Schedule https://criptex.com/commissions , incorporated herein by reference. We are not responsible to any third-party fees which may apply to your external accounts used to credit or withdraw funds and/or digital assets to or from your Criptex account or wallet(s).
    3. Withdrawal of funds or digital assets from your Criptex account or wallets is subject to our verification and confirmation. You may cancel the transaction before it is confirmed by us.
    4. You are fully and solely responsible for entering correct information when crediting or withdrawing funds to your Criptex accounts or digital assets to your Criptex wallets. Filling in incorrect information may result in loss of funds or digital assets by you and other costs and damages.
    5. No interest accrues on your Account balance or on the balance of your Criptex wallets.
    6. We may set minimum and maximum balance requirements for each of your Criptex wallets, as well as maximum requirements for withdrawals or for the orders and trades you carry out on the Platform, which may depend on verification of your KYC information by us or our partners and your status on the Platform.
    7. When you submit a new order at Criptex, you authorize us to execute a transaction in accordance with such order and charge you our Fees.
    8. We will undertake reasonable efforts to settle spot trades within maximum settlement period of 3 days.
    9. Proceeds from the sale of digital assets will be credited to the balance of your Account.
    10. You can cancel an order or trade until it is carried out. The digital assets network based on a distributed ledger technology is operated by a decentralized network of independent third parties. Once a transaction request has been submitted to the digital assets network via the Services, the digital assets network will automatically complete or reject the request and you will not be able to cancel or otherwise modify your transaction request.
    11. The order or trade may not be performed in case of insufficiency of funds or digital assets in your Criptex account and wallets or matching orders on the Platform, or due to the settings of a trade or an order.
  8. Payments
    1. Your payments are processed by, depending on the payment method chosen by you:
      1. Stripe, and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of the Platform enabling payment processing services through Stripe, you agree to provide us with accurate and complete information about you and your business, and you authorize the Company to share it and transaction information related to your use of the payment processing services provided by Stripe. Any payment is subject to Stripe’s fees, as may be updated from time to time.
      2. Paysera, and are subject to Paysera agreements available here: https://www.paysera.com/v2/en-GB/legal
      3. Paypal, and are subject to Paypal agreements which are available here: https://www.paypal.com/webapps/mpp/ua/legalhub-full
  9. Communications
    1. You may set notifications you receive from us at https://criptex.com/settings/notifications.
    2. We may send you information about Criptex services to the email or phone number you indicated in your Account. You can unsubscribe from these communications at any time by clicking on “unsubscribe” link in any such email or following instructions in a short message sent to your phone number.
  10. No Advice. Risks
    1. You acknowledge and agree that we are not acting as your broker, intermediary, agent, or advisor or in any fiduciary capacity, and no communication or information provided to you by us shall be considered or construed as advice.
    2. You should verify all information before relying on it, and all decisions based on information contained on the Platform are your sole responsibility and we shall have no liability for such decisions.
    3. You acknowledge and agree that the exchange rate information made available by us may differ from prevailing exchange rates made available by other sources.
    4. Criptex cannot and does not guarantee the value of digital assets. You acknowledge and agree that the value of digital assets is highly volatile and that buying, selling, and holding digital assets involves a high risk. Additionally, the digital assets consensus network is solely responsible for verifying and confirming proposed transactions that you submit via the Services, and Criptex cannot and does not confirm, cancel, or reverse transactions involving digital assets.
    5. You acknowledge and agree that Criptex has no control over the digital asset network and therefore cannot and does not ensure that any transaction request you submit via the Services will be completed. You acknowledge and agree that the transaction requests you submit via the Services may not be completed, or may be substantially delayed, by the digital asset network. When you complete a transaction request via the Services, you authorize us to submit your transaction request to the digital asset network in accordance with the instructions you provide via the Services.
  11. Termination
    1. 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.
    2. To close your Account, you need to log in on Criptex, go to Support Center section in your Profile (https://criptex.com/settings/support-center) and create a ticket with a request to close your Account. We will process your request and close your Account within 14 days.
  12. User Data
    1. We undertake to process your data according to our Privacy Policy https://criptex.com/privacy, which is incorporated herein by reference.
  13. Confidentiality of Transmissions Over the Internet
    1. The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not one hundred percent secure, and is subject to possible loss, interception, or alteration while in transit. While we employ security measures according to the industry standards, we cannot guarantee security measures on your side or on any third party involved in data transmission. We do not assume any liability for:
      1. Any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, including without limitation transmissions involving the exchange of e-mail with Criptex containing your personal information;
      2. Inadvertent release of information you provide to us or access to such information attempted by third parties without our consent.
  14. Intellectual Property Rights
    1. All intellectual property rights in the Platform and any of its parts are owned by or licensed to the Company. You may not copy, imitate, or use them without our prior written consent.
  15. Platform availability
    1. Although we commit to provide you with uninterrupted service, downtime is possible. Usually, downtime is limited to 4 hours per month, although some upgrades or fixes may cause the Platform to be unavailable for a longer period. We will notify you of scheduled downtime, if possible, and if you didn’t opt out of our notifications.
    2. We shall not be liable for any damages caused by any downtime.
  16. Limitation of Liability
    1. Criptex provides no guarantee as to the performance or the uninterrupted availability of the Platform or Services. The Platform and the Services Are provided on an "as is," "as available" basis without warranties of any kind, either express or implied. To the extent allowed by law, we disclaim all warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the Platform and the information, content and materials contained therein.
    2. Except as otherwise required by law, in no event shall we, our directors, members, employees or agents be liable for any special, indirect or consequential 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 or Platform, including without limitation any damages caused by or resulting from reliance by any user on any information obtained from the Platform or us, 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 our records, programs or services.
    3. 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 (“Force Majeure”), including but not limited to, any delay or failure due to any natural disaster, act of civil or military authorities, act of terrorism, 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.
  17. Change of Control
    1. In the event that Criptex 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.
  18. Regulation
    1. The Criptex services may be subject to export control regulations under applicable law. By using the Criptex Services you represent that you are not an individual or entity that is, or an entity owned or controlled by persons or entities that are,
      1. the subject of any sanctions administered or enforced by the United Nations Security Council, the European Union, La Comisión de Prevención del Blanqueo de Capitales e Infracciones Monetarias, (the Commission for the Prevention of Money Laundering and Finantial Infringements) or any other governmental authority with jurisdiction over Criptex or the Criptex Services;
      2. located, organized or resident in a country or territory that is, or whose government is, the subject of UN, EU or Spanish economic sanctions, including, without limitations, North Korea.
      3. You further represent that you will not use the Criptex Services to conduct any transaction with or on behalf of any person or entity listed in clauses 20.1.1 or 20.1.2 above or otherwise in violation of law.
    2. Criptex may cease to provide the Criptex services to you for any reason, and with no notice, if it determines that you have violated any of the above representations. You understand and consent that Criptex may be legally required to detain, to deny your access to, and to report to one or more governmental authorities, such of your property or property interests as are in Criptex’s possession or control in the event of certain sanctions imposing these obligations. These representations, covenants, and obligations are continuing and you agree to notify Criptex immediately in writing if your status under any of the above covenants changes.
  19. Arbitration and applicable law
    1. Any controversy or claim arising out of or relating to these Terms and Conditions, or the breach of these Terms, shall be settled by negotiations.
    2. An aggrieved party shall communicate a claim to the other party in writing, including by email. If the parties do not reach an agreement on the matter addressed in a claim within 14 days after the claim was sent, a matter can be referred to a binding arbitration in accordance with the rules of Madrid Court of Arbitration (http://www.arbitramadrid.com/web/guest/home)
    3. These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales.
  20. Miscellaneous
    1. These Terms and Conditions contain the entire agreement and supersede all prior and contemporaneous understandings between the you and us regarding the Services.
    2. Upon termination of your Account or an agreement between you and us concluded as a result of your acceptance of these Terms and Conditions, all rights and obligations of the parties that by their nature are continuing will survive such termination.
    3. Should any provision of these Terms and Conditions be held invalid, void or unenforceable, the validity or enforceability of any other of these Terms and Conditions shall be affected, and they shall remain in full force and effect.