- These Terms of Service (“Agreement”) describe the terms and conditions applicable to the services of Digital Assets exchange (“Services”) between CW Lab OÜ, private limited company incorporated in the Republic of Estonia under registration number 14674618 (“Cryptowallet”, “we”, “us”, “our”) and any natural person or legal entity (“Client”, “you”, “your”).
- You, by using the Services provided by Cryptowallet on the following website: www.cryptowallet.net (“Website”) you confirm that you have read, understood, accept and agree to follow this Agreement within all the terms and condition as specified below.
- You understand that some restrictions may be applied to your use of the Services provided by Cryptowallet depending on your country of residence. It is your sole responsibility to comply with applicable legislation and follow the rules of your country of residence and/or country of accessing the Services via Website.
- If you disagree to some or all provisions of this Agreement you shall not use the Services.
1. SCOPE OF SERVICES
1.1 Cryptowallet provides a platform, website and mobile application that is available by technical means at Cryptowallet resources and allows a Client to:
- Buy or sell Digital Assets in exchange for other Digital Assets, or for fiat currency;
- Store Digital Assets listed on the Cryptowallet’s platform with a third party custodian;
- Withdraw any fiat currency balance held on your account;
- Transfer Digital Assets to a wallet or to other users of such Digital Assets outside the Cryptowallet.
Depending on your country of residence, you may not be able to use all the functions of the Services. It is Client’s responsibility to follow those rules and laws in your country of residence and/or country from which you access this website and the Services. As long as you agree to and comply with these Terms of Service, Cryptowallet grants you the personal, non-exclusive, non-transferable, non-sublicensable and limited right to enter and use the website and the Services.
2. PROVISION OF SERVICES
- 2.1. In order to apply for the Services, the Client needs to open an account via Cryptowallet’s Website and agree to this Agreement. All Clients must be approved and have the account open by the Cryptowallet before they can use any of the Services provided by Cryptowallet. Cryptowallet has the right to unilaterally approve or reject any potential Client in accordance with its internal rules and policies. The Client understands and agrees that Cryptowallet is not obliged to disclose internal rues and policies to the Client and to provide any explanation and reasons for its decision.
- 2.2. The Client shall provide all required information and documents required by Cryptowallet and necessary for the provision of the Services, including but not limited to, the Client’s personal bank account and/or the Client’s personal electronic wallet and Client’s personal Digital Assets wallet. Cryptowallet may require the Client and the Client has obligation to provide requested additional information and documents during the account opening and after the account opening during the provision of the Services.
- 2.3. In case of change of information and/or documents the Client must inform Cryptowallet immediately.
- 2.4. If the Client does not provide the requested information and/or documents to Cryptowallet or fails to notify upon change of earlier provided information, Cryptowallet has the right to stop or refuse provision of the Services to the Client until the Client provides required information and/or documents or to terminate the Agreement with the immediate effect at any time unless Cryptowallet’s request is satisfied.
- 2.5. An account or accounts via Cryptowallet’s website and/or mobile application mean account(s) held and maintained by the Client for the specific purpose of Digital Assets exchange, management, and/or transfer through the Cryptowallet’s platform. The objective of the account created are bounded by the scope of the Services.
- 2.6. Cryptowallet at its sole discretion may change the currency limits intended for an exchange and other Service provision parameters. If the Client does not agree to such changes, the Client must inform Cryptowallet immediately and stop business relationship with Cryptowallet. If the Client continues to request and accept Services after such changes occur, it means that the Client has accepted changes fully and unconditionally.
- 2.7. The Client acknowledges and accepts, that Cryptowallet in all cases cannot be liable for any losses, including the loss of profits, in part or in full, resulting from not being able to receive the Services or for non-provision of the Services.
3. DIGITAL ASSETS SELLING
- 3.1. The Client acknowledges and accepts the policy on the return of fiat currencies and Digital Assets that their return after the executed sale operation is not possible.
- 3.2. Request. When the Client initiates the transaction of Digital Assets selling, the Client sends a request (“Request”) to the system indicating the amount of Digital Assets intended for the transaction and payment service provider, bank account details or Digital Assets wallet address preferred for the payout. After the Client’s request is approved the Client transfers Digital Assets in the amount intended for the transaction to the Digital Assets wallet indicated by Cryptowallet’s platform. This transfer will be deemed settled after minimum required confirmations have been received.
- 3.3. Execution. The transaction is executed successfully when the amount of Digital Assets received by Cryptowallet is equal to the amount in Request. If the amount differs Cryptowallet may unilaterally freeze the Request for correction with the Client. If the Request is corrected with the Client, it will be executed at sell price current for the moment when new Request was agreed. If the Client failed to respond and/or correct the Request with Cryptowallet within 24 hours the Client’s Digital Assets will be returned to his account’s return address. Administrative fee is charged for the returning of Digital Assets volume, meaning that your returning payout will be reduced with applicable administrative fee and if the administrative amount supersedes the volume of returning payout no Digital Assets will be returned.
- 3.4. Price. The selling price current for the moment will be locked on your Request after Cryptowallet receives the minimum required confirmations from Digital Assets network.
- 3.5. Limitations. Cryptowallet may apply limitation either on a sell transaction or on a daily sell volume per bank account, payment service provider account or Digital Assets wallet. If the Client fails to meet this limitation when applying for sell transaction his Digital Assets will be returned to his account’s return address. Administrative fee is charged for the returning of Digital Assets, meaning that the Client’s returning payout will be reduced with applicable administrative fee and if the administrative amount supersedes the volume of returning payout no Digital Assets will be returned. Before initiating sell transaction please check the limitations for your account.
- 3.6. Confirmation. The minimum required is 1 confirmation on the transaction of amount that does not exceed the equivalent of 4 BTC and 6 confirmations is required on the amount equivalent or over 4 BTC, received from Digital Assets network after the transaction was broadcasted.
- 3.7. Payout. In order to initiate the payout to the Client’s payment service provider account, bank account, or Digital Assets wallet, Cryptowallet needs to receive minimum required confirmations related to your transaction. The payouts to the Client’s payment service provider or bank account are normally settled within 2448-72 hours on working days from the moment of transaction completion; payouts to the payment service provider electronic wallet are normally settled within 24 hours. If for reason which depends on the Client Cryptowallet can not transfer fiat currencies to the account of the Client it has a right to exchnage the Fiat currencies in to Digital Assets at its choise and keep them untill further instructions are received from the Client.
4. DIGITAL ASSETS PURCHASING
- 4.1. The Client acknowledges and accepts that transfers to the bank account which do not comply with the terms below will be returned and the bank costs will be deducted.
- 4.2. The purchase is available by means of a bank / payment service provider transfer in fiat currency or via a Digital Assets wallet.
- 4.3. Request. When the Client initiates the transaction of Digital Assets purchase, the Client sends a request to the system indicating the amount of Digital Assets intended for the transaction and details of the Client’s personal Digital Assets wallet for payout. After the Client’s request is approved the Client transfers a necessary amount in fiat currency with the bank account, payment service provider account or Digital Assets wallet, to the Digital Assets wallet address indicated by Cryptowallet platform, which is different from a Digital Assets wallet that the Client has used to initiate the purchase. This transfer will be deemed settled after the payment in fiat currency or Digital Assets is received.
- 4.4. Execution. The transaction is executed successfully when the amount in fiat currency or Digital Assets payment received by Cryptowallet is equal to the amount in Request. If the amount differs Cryptowallet may unilaterally freeze the Request for manual correction with a Client. If the Request is corrected with a Client, it will be executed at buy price current for the moment when new Request was closed. If the Client failed to respond and/or correct the Request with Cryptowallet’s representative within 24 hours his amount of Funds will be returned to his account’s return address. Administrative fee is charged for the returning of Funds, meaning that your returning payout will be reduced with applicable administrative fee and if the administrative amount supersedes the volume of returning payout no Digital Assets or fiat money will be returned.
- 4.5. Price. The price for execution of the transaction is shown at the respective section of Cryptowallet’s platform on the website or mobile app and based on the current price at the moment. The estimated amount of the Digital Assets based on this actual price at the moment when you apply for purchase.
- 4.6. Transfer. Cryptowallet processes bank / payment transfers in fiat currencies daily and relies on third party service providers. Cryptowallet processes transfers only after it receives a notification from its bank or payment service provider that the Client’s transfer was settled. The term while the purchased Digital Assets will be charged to the Client’s Digital Assets wallet may take 24-72 hours from the moment of the Client’s bank transfer, depending on the bank involved into transactions or within 24 hours if the payment service provider was used. In any case it may take one additional day, if the buy transaction will be executed manually. The final amount of Digital Assets may differ from the estimated amount as it depends on the price at the moment when your Request for purchase was actually executed. We may inform you respectively via e-mail when you Digital Assets will be sent to your wallet.
- 4.7. Confirmation. The minimum required is 1 confirmation on the transaction of amount that does not exceed the equivalent of 4 BTC and 6 confirmations is required on the amount equivalent or over 4 BTC, received from Digital Assets network after the transaction was broadcasted.
- 4.8. Limitations. Cryptowallet may apply limitations either on buy transaction or on daily buy volume per bank account, payment service provider account or Digital Assets wallet. If you fail to meet this limitation when applying for buy transaction your fiat currency or Digital Assets will be returned to your account’s return address. Administrative fee is charged for the returning of fiat currency or Digital Assets, meaning that your returning payout will be reduced with applicable administrative fee and if the administrative amount supersedes the volume of returning payout no fiat currency or Digital Assets will be returned. Before initiating buy transaction please check the limitations for your account.
5. WARRANTIES & ACKNOWLEDGMENT
- 5.1 The Client warrants that he (and/ or representative of the Client, when the Client is a legal person):
- 5.1.1. read and understood this Agreement, is at least 18 years old and has full capacity to enter into this Agreement and conduct the activity related to the Services;
- 5.1.2. acts within and complies with all legal requirements applicable to the relevant jurisdiction when requesting and using the Services provided by Cryptowallet;
- 5.1.3. is solely responsible for assessment and coherence to the applicable tax regulations;
- 5.1.4. is authorised and using the Cryptowallet account personally;
- 5.1.5. keeps and maintains information, including without limitation personal data, financial details and information about all activities conducted or occurred within the account confidential;
- 5.1.6. makes appropriate use of Cryptowallet’s Services to ensure a level of security appropriate to the risk in respect of the personal data and securing authorization credentials, system and devices used to access to Cryptowallet’s Services;
- 5.1.7. provides accurate, complete and current data while applying for the account via Cryptowallet’s website or mobile application;
- 5.1.8. provides all necessary or requested by Cryptowallet information about a bank account (including IBAN and the name associated with a bank account) or electronic payment service provider account for the purpose of conducting payout for the Digital Assets sold by him or by his Request using Cryptowallet’s website or mobile application;
- 5.1.9. provides the details of a Digital Assets wallet for the purpose of a Digital Assets return;
- 5.1.10. uses only a specific Digital Assets address provided to the Client by Cryptowallet for sending Digital Assets intended for sale.
- 5.1.11. the Client has been informed that the Client monies held on the Cryptowallet account for the benefit of the Client and until they are not transferred to the Client are not considered as a deposit, or that Cryptowallet provides payment services or any other services which can be associated with the financial services like bank services or payment institution services and which require a specific license.
- 5.2. The Client acknowledges that:
- 5.2.1. it is the Client’s personal liability to any and all potential losses resulting from selling or purchasing of currencies or Digital Assets and that Cryptowallet only provides services under instructions from and on behalf of the Client (“execution only”), therefore the Client keeps and will keep Cryptowallet free of any liability and/or losses;
- 5.2.2. there are risks inherent with the use of the Services, including but not limited to, market risk, liquidity risk, volatility risk, operational risk, speculative nature of Digital Assets themselves, regulatory risks, etc.;
- 5.2.3. the Client is solely responsible for all legal risks associated with using the Services provided by Cryptowallet;
- 5.2.4. transaction may be aborted at any time by Cryptowallet and the received payments or Digital Assets may be returned to your account, the return of Digital Assets in this case will be done only after minimal required confirmation from Digital Assets network is received;
- 5.2.5. the price for exchange of Digital Assets is based on the reference price provided by Cryptowallet;
- 5.2.6. Cryptowallet does not hold responsibility if volatility on the market and technical delays of Cryptowallet’s platform or website, or mobile app would affect the reference price both in a positive or negative way;
- 5.2.7. availability of banking system or payment service provider may cause delays in payment transactions;
- 5.2.8. Cryptowallet bears no responsibility for refusal to open an account;
- 5.2.9. period of selling or returning of Digital Assets to your account may vary due to the inherent nature of the Digital Assets network and Digital Assets network fees to be paid to the miners;
- 5.2.10. Cryptowallet neither bears any responsibility nor covers any losses caused by inappropriate or unauthorized use of the Services;
- 5.2.11. it is the Client’s sole responsibility to provide all accurate information correctly and without mistakes or mistypes in any portion of information when completing Requests or other forms on Cryptowallet website or mobile app, otherwise it may lead to transfer of Funds to account specified by mistake or to delays in processing and payouts.
- 5.2.12. Cryptowallet at its sole discretion and at any time may amend and/ or change this Agreement without prior notice to the Client, unless such changes and/ or amendments will constitute significant changes to the provision of Services, namely if the changes and/ or amendments are made to the Sections 2, 3 and 4 of this Agreement, the notice of the latter changes and/ or amendments to be given by any adequate mean including email or general publication on the Cryptowallet’s website. The amended version of these Agreement enters into force immediately and if the changes made to the Section 2, 3 and 4 of this Agreement enters into force 15 (fifteen) days after the publication, except if the Client terminates its relations with Cryptowallet within that period.
6. INTELLECTUAL PROPERTY
- 6.1. All copyrights and other intellectual property rights in trademarks, service marks, software, text, images, graphics, data, prices, trades, charts, graphs, video and audio (“Materials”) depicted or shown or contained on the Cryptowallet’s website and mobile appplication belong to or are in control of Cryptowallet. You may view, download or print only one copy of the Materials from the Cryptowallet’s website or mobile application solely for your personal use, however it is forbidden to remove, blur or otherwise hide the copyright and other proprietary notices. Otherwise you are not allowed to copy, reproduce, modify, republish, upload, post, transmit, scrap, collect or distribute in any form or by any means the Materials. It is also forbidden to use Materials from the website or mobile application for commercial use unless Cryptowallet gives you a written permission to do so. Any unauthorized use is prohibited and may violate copyright, trademark and/or other applicable laws and could result in criminal or civil penalties.
- 6.2. Cryptowallet may provide access to certain widgets for the Client’s use – the Client is free to use these in their original unmodified and unaltered state.
7. APPLICABLE LAW AND JURISDICTION
- 7.1. This Agreement is subject to and shall be construed in accordance with a law of the Republic of Estonia without reference to its conflict of law as the sole and exclusive governing law. The parties agree to irrevocably submit to the exclusive jurisdiction of the Estonian Courts. The Parties agree to notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Cryptowallet shall be sent to support@cryptowallet.net .
8. LIMITATION OF LIABILITY
- 8.1. All the Services are provided without warranty of any kind, either express or implied. Cryptowallet does not guarantee that the Services will be available at the Cryptowallet’s website or mobile application uninterruptedly, or that there will be no delays, failures, errors, omissions or loss of transmitted information.
- 8.2. In no circumstances Cryptowallet must be held responsible for the Client loss of Digital Assets in all cases including if the Client cannot access his personal Digital Assets wallet or the address provided by Client to Cryptowallet for returning purposes.
- 8.3. Cryptowallet cannot be held liable for any malfunction, breakdown, delay or interruption to the internet connection, or if for any reason Cryptowallet’s Services are unavailable at any time or for any period.
- 8.4. Where Cryptowallet’s website or mobile application contains links to other websites and resources provided by third parties, these links are provided for your information only. Cryptowallet has no control over the contents of those websites or resources and accepts no liability for them or for any loss or damage that may arise from your use of them.
- 8.5. Client agrees that any Cryptowallet liability in any case is limited to the amount of transaction(s) the subject of the claim redundant for any amount of commissions or additional fees that may be due and payable in respect of such transaction(s). We do not hold any additional liability or warranty before the Client.
9. TERMINATION
- 9.1. Either the Client or Cryptowallet may terminate relationship with the other at any time, without reason, following settlement of any pending transactions. In the case of pending transaction, the termination will be effective when the terminating party receives the acknowledgment in writing of its notice to terminate a relationship with the other party. The termination does not affect any previous transactions, rights or obligations accrued prior to the notice of termination.
- 9.2. Except for the withdrawal of accumulated Funds if so, the Client will not be entitled to any remedy for discontinuing of the Services, all subject to this Agreement, applicable laws and regulations.
- 9.3. The Client understands and agrees that Cryptowallet at its sole discretion may terminate the Client’s access to the Cryptowallet’s website, mobile application and the Client’s account.
- 9.4. Cryptowallet may also suspend or terminate your account for any or all of the following reasons:
- 9.4.1. attempt by the Client or assistance at attempting to gain unauthorized access to the Cryptowallet’s website, mobile application or another account, which is held by a third party;
- 9.4.2. overcoming software security features limiting use of or protecting any content;
- 9.4.3. use of the Services for performance of illegal activities (for example, money laundering, illegal gambling operations, financing terrorism, or other criminal activities, fraudulent payment for transactions);
- 9.4.4. violations of this Agreement;
- 9.4.5. upon the request of legal authorities, if Cryptowallet deems it to be legitimate and compelling acting in its sole discretion.
- This list is not exhaustive.
- 9.5. Cryptowallet reserves the right to cancel unconfirmed accounts or accounts that have been inactive for a period of at least 6 months, and/ or to modify or stop Cryptowallet’s website, mobile application or the Services. The Client agrees that Cryptowallet will not be liable to him or to any third party for termination of his account or access to the Cryptowallet’s website or mobile application, or platform.
- 9.6. Cryptowallet reserves the right to change, suspend, or discontinue all or any part or aspect of the Services at any time without notice.
10. MISCELLANEOUS
- 10.1. This Agreement constitute the entire agreement between you and Cryptowallet and governs your use of the Services via Cryptowallet’s website or mobile application.
- 10.2. This Agreement shall be binding for both the Client and Cryptowallet, and for their respective successors and assigns, but the Client may not assign any of his rights and obligations under this Agreement or under any transaction without prior written consent of Cryptowallet.
- 10.3. Cryptowallet shall have the right to transfer and/or assign, at its sole discretion, to a third party, whether affiliated or not with Cryptowallet, all or part of its rights and/or obligations under this Agreement, and the Client shall be deemed to accept such transfer and/ or assignment.
- 10.4. If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that provision will be enforced to the maximum extent permissible and neither the legality, validity or enforceability of the remaining provisions of the Agreement under the law of that jurisdiction nor the legality, validity or enforceability of such provision under the law of any other jurisdiction shall be in any way affected.
- 10.5. In case of discrepancy between the English version of this Agreement and the Cryptowallet’s website and other language versions of this Agreement and the Cryptowallet’s website, the English version shall prevail. Translations of this Agreement and the Cryptowallet’s website in other languages are not binding to Cryptowallet.
- 10.6. The titles of the sections in the Agreement are used solely for the convenience of you and Cryptowallet and have no legal or contractual significance.
11. DISCLAIMERS
Cryptowallet is a fiat currencies and Digital Assets exchange company that directly deals with its Clients, i.e., buys fiat currencies and Digital Assets from its Clients and sells fiat currencies and Digital Assets to its Clients. Cryptowallet does not act as an intermediary or marketplace between other buyers and sellers of fiat currencies and Digital Assets.
Nothing in this Agreement or Cryptowallet’s website or mobile application, or otherwise communicated to you shall be understood or interpreted as an investment advice in connection with the Services contemplated by this Agreement or as an offer to enter into Agreement or an offer to buy or sell or the solicitation of an offer to buy or sell any fiat currencies and/ or Digital Assets. Cryptowallet may provide information on the price, range, volatility of cryptocurrencies and events that have affected the price of these, but this is not considered investment advice and should not be construed as such.
Any decision to purchase or sell currencies and/or Digital Assets is your decision and Cryptowallet will not be liable for any loss suffered.
12. CONTACT DETAILS
If you have any question in connection to this Agreement, please feel free to contact us at support@cryptowallet.net .