1. Enforcement & Amendments
1.2. By visiting the Website and/or using the services, you agree to be bound by Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
1.3. Cripto InterCambio reserves the right to change some or all of the Terms and conditions of the service at any time. You continue to use the Website, which means that you have read and accepted the revised, updated Terms. If users do not agree to any alteration or updates of Terms, conditions and policies, they must cease using the Website.
2. Provided Services
2.1. Cripto InterCambio is an aggregator and intermediary layer between the user and the various crypto assets exchanges and platforms (hereinafter, the “Cripto Exchanges”).
2.2. The service provided by Cripto InterCambio allows all users of the Website to exchange crypto assets directly with other crypto assets from various Cripto Exchanges.
2.3. The exchange via our Services consists of the following stages:
2.3.1. User shall provide Cripto InterCambio with the payout wallet address. Such address will be deposited by exchanged crypto assets.
2.3.2. User shall send the particular amount of crypto assets to the correct address, which is generated by the system of Cripto Exchange automatically.
2.3.3. The exchanged crypto assets referred to clause 2.3.1 will be deposited by exchanged crypto assets automatically. The depositing of exchanged crypto assets to the payout wallet address depends on the third-party exchange algorithm. Cripto InterCambio is not responsible or liable for any losses or damages of any sort incurred as the result of any delays due to the third-party algorithm.
2.4. YOU INDEMNIFY AND HOLD CRYPTO INTERCAMBIO 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 YOUR USE OF OUR SERVICES, INCLUDING BUT NOT LIMITED TO THOSE ARISING FROM YOUR PERSONAL ERROR AND MISBEHAVIOR SUCH AS INCORRECT USE OF CRYPTO ASSETS ADDRESSES, INCORRECTLY CONSTRUCTED TRANSACTIONS ETC.
3.1. To access and use the Website you represent, warrant, covenant and agree that:
3.1.1. your access and use of the Services constitutes your agreement to be bound by these Terms;
3.1.2. you are a legal entity or an individual entrepreneur of eighteen (18) years of age or of other legal age, according to your relevant jurisdiction;
3.1.3. you use our services at your sole option, discretion and risk;
3.1.4. you are solely responsible for any applicable taxes which may be payable while using our services;
3.1.5. 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;
3.1.6. you shall provide correct information for constructing exchange (e.g. payin and payout wallet addresses). Such wallet addresses shall not be associated with terrorism, fraudulent, scam or any type of illegal activity.
3.1.7. you are NOT in, under the control of, or a national or resident of Cuba, Iran, North Korea, Crimea, Sudan, Syria, Bangladesh and Bolivia, as well as any other country subject to United Nations Security Council Sanctions List and its equivalent (“Restricted Locations”). Cripto InterCambio maintains the right to select the markets and jurisdictions to operate in and may restrict or deny its services to certain countries at any time;
3.2. The Service is not available in the State of New York, the State of Washington, or any jurisdiction sanctioned by the United States Treasury’s Office of Foreign Assets Control (“OFAC”).
3.3. 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:
3.3.1. 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;
3.3.2. use our Services to participate in fraudulent, scam or any type of illegal activity;
3.3.3. provide false, inaccurate, or misleading information;
3.3.4. attempt to modify, decompile, reverse-engineer or disassemble our software in any way;
3.3.5. use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data;
3.3.6. 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;
3.3.7. develop any third-party applications that interact with our Services without our prior written consent; AND
3.3.8. Encourage or induce any third party to engage in any of the activities prohibited under this Section.
3.4. 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 Services
4.1. Cripto InterCambio is not directly involved in the exchange between user and various Crypto Exchanges. As a result, Cripto InterCambio has no control over such the quality of Third-Party services, you acknowledge and agree that we are not responsible for the availability of such Third-Party Services, and are not responsible or liable for any Third-Party services.
4.2. As we use Third-Parties services, you may be charged fees by the Third-Party service provider. Cripto InterCambio 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. While using our Services, you may view Third-Party material. We do not control, endorse or adopt (unless otherwise expressly stated by Us) any Third-Party material and shall have no responsibility for Third-Party material, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable.
5. Intellectual Property
5.1. As between you and Cripto InterCambio, you acknowledge that Cripto InterCambio retains all rights, title, and interest in and to all copyrights, trademarks, patents, service marks, trade names, software code, icons, logos, characters, layouts, trade secrets, buttons, color scheme and graphics, the software and application programming interfaces (APIs) comprising the Services, and all content therein (“IP”).
5.2. Cripto InterCambio, its logos, icons, color scheme and graphics as well as certain other Cripto InterCambio trademarks are protected by local and international intellectual property laws and treaties.
5.3. We grant you a limited, non-exclusive, non-sublicensable license to access or use our IP for your personal use only.
5.4. In any case any materials, including text, graphics, video, audio, software code, user interface design or logos, in whole or in part, may not be reproduced, duplicated, copied, modified or otherwise exploited for any commercial purpose.
5.5. The license granted under this Section will automatically terminate if We suspend or terminate your access to the Services.
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 CRYPTO INTERCAMBIO, 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 FROM CRYPTO INTERCAMBIO, 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 CRYPTO INTERCAMBIO'S RECORDS, PROGRAMS OR SERVICES.
6.3. To the maximum extent permitted by applicable law, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CRYPTO INTERCAMBIO (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, CRYPTO INTERCAMBIO OR TO THESE TERMS EXCEED THE FEES PAID BY YOU TO CRYPTO INTERCAMBIO WITHIN 3 MONTHS IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH LIABILITY.
7. Termination of the Terms
7.1. You agree that Cripto InterCambio may, without prior notice, immediate terminate, limit your access to or suspend your access to the Services. Cause for such termination, limitation of access or suspension shall include, but not limited to:
7.1.1. breaches or violations of the Terms or other incorporated guidelines;
7.1.2. requests by law enforcement or other government agencies;
7.1.3. discontinuance or material modification to the Services (or any party thereof);
7.1.4. unexpected technical or security issues or problems;
7.1.5. extended periods of inactivity;
7.1.6. engagement by you in fraudulent or illegal activities.
7.2. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Cripto InterCambio’s sole discretion and that Cripto InterCambio shall not be liable to you or any third-party for any termination of access to the Services.