These Terms provide you with information about the risks associated services provided to you by the Company (as this term is defined below).
This document contains the terms and conditions governing your use of the App. When installing the App, you are invited to agree with these terms and conditions. You should therefore take the time to read this document carefully and thoroughly.
TERRITORIAL LIMITATION
COINSWISS DOES NOT TARGET RESIDENTS OF UNITED STATES OF AMERICA FOR THE PROVISION OF ITS SERVICES.
For the purpose of these Terms, the capitalized terms are defined in Annex 1.
Upon download of the App from the Google Play Store or the Apple Store, you are invited to agree to these Terms of Use and any terms expressly incorporated herein, including the Privacy Policy (hereafter, the “Terms”) before completing the registration process.
These Terms and any terms and conditions constituting a supplement to or complementing these Terms apply to your access to and use of the App and Services provided by and/or made accessible by your counterparty to these Terms, as this counterparty is defined below in accordance with the User's country of residency (hereafter, the “Company”, “CoinSwiss ”, “We” and/or “we”, “Us” and/or “us” and “Our” and/or “our”).
Your counterparty to these Terms and any terms and conditions constituting a supplement to or complementing these Terms is as follows:
When you click on "I agree with the Terms of Use and the Privacy Policy", these Terms become a legal agreement between you and the Company, on condition that you pass the applicable KYC/AML procedures.
By registering as a User, you represent and warrant that you are eighteen (18) years of age or older or have the legal capacity to enter legally binding contracts under applicable laws. Misrepresentation of your age to gain access to the App and the Services is a breach of these Terms.
You represent and warrant that registering as a User, using the App and benefiting from the Services are not actions prohibited or otherwise in violation of the laws and regulations of the country, state, province, or other jurisdiction in which you reside or of which you are a citizen. You agree to cease using the App and the Services should these actions become prohibited or otherwise in violation of the laws and regulations after your registration as a User.
By clicking the "I agree with the Terms of Use and the Privacy Policy" button, you confirm that your knowledge of English is sufficient to understand the meaning of the Terms and/or the Privacy Policy. You hereby consent that you will not hold the Company liable for any losses or damages resulting from a misunderstanding of the Terms and/or the Privacy Policy, originating in your linguistic limitations.
These Terms govern your access to and use of the App and of the Services.
You understand that any documentation and publication made available on the App, as well as any notifications made on with regards to the Services provided by the Company are also binding with regards to your activity on the App.
The Personal Data collected on or through the App shall be processed in accordance with the Privacy Policy, which can be found on the App.
In case of any discrepancy or ambiguity between the Terms and/or the Privacy Policy, the Terms shall prevail over all other documents related thereto.
Registration process
You need to register as a User to access the App and benefit from the Services. At the outcome of the registration process, you become a User and gain access to the App and the Services.
Through the registration process, you need to provide the following Personal data: Full legal name; E-mail address; Phone number; Place of residence; Nationality; Answers to the questions related to the basic Suitability Process; All Personal data required to complete the KYC Process. The use of temporary email or phone numbers as well as of phone numbers attributed to prepaid cards is strictly prohibited for the creation of a User Account.
Through the registration process, or later, you will be requested to provide certain information pursuant to our Compliance Policies and applicable law, including, if necessary, information that will enable us to report to the relevant authorities where we are required to do under applicable law. If you fail to reply promptly to any request from us, or if your responses are unsatisfactory, we may close or suspend your User Account and/or you may be unable to use the Services.
Obligation to provide reliable data
You agree to provide true, accurate, actual and complete information when opening a User Account, and you further agree to maintain and promptly update the information you have provided to ensure it remains true, accurate, actual and complete at all times while you are a User.
You authorize the Company to use any Personal data or information provided in registering to verify your identity (including any updated information).
You authorize the Company, or a third-party service provider, to take any measures deemed necessary to verify and authenticate your identity, confirm the information you submit and to take any action we deem necessary based on the results of our investigations.
If you provide any information that is, or that we have reasonable grounds to suspect to be inaccurate, misleading, outdated or incomplete, we reserve the right to, in our sole and absolute discretion, but subject to applicable laws, block access to or to suspend, close or terminate your User Account, refuse to let you move Virtual Currencies, and cease your User Account, at any time, with or without advance notice.
The same measures can be undertaken should you fail to notify the Company of changes to your Personal data immediately.
To the fullest extent permitted by law, we shall not be liable to make any compensation, monetary or otherwise, following such suspension, cease, termination or inability to use your User Account.
You are responsible for any fees that we incur with respect to your User Account as a result of any of the foregoing. Such fees will be charged as Service Fees.
You understand and agree that you shall not circumvent or attempt to circumvent any Company's policy about your User status such as temporary or definitive suspensions or other type of access limitations or restrictions.
Registration effects
By registering on the App you agree to:
(a) The content of these Terms and the Privacy Policy;
(b) Provide true, accurate, actual and complete Personal data as requested in the KYC Process;
(c) Maintain and promptly update the Personal data and any other information you provide to the Company, and to keep such information accurate, actual and complete;
(d) Maintain the confidentiality of your passcode and other information related to the security of your User Account;
(e) Be fully responsible for all use of your User Account and for any action that takes place through your User Account;
(f) Not impersonate anybody by opening a false User Account;
(g) Not use robots, scrappers or other tools to open Accounts or extract Personal data or information from the App.
Registration refusal
The Company reserves the right to reject any registration and to refuse Services to anyone for any reason, at its sole and absolute discretion, and without any obligation to indemnify the concerned person or User.
In the event that the Company does not accept you as a User and/or should you fail to provide with KYC information required by the Company to onboard you as a User, the Virtual Currencies sent to your Wallet(s) will be sent back to the public address from which they originate or in the case this address doesn't support Virtual Currencies back, a new one given by the User. All fees applicable to such movement (including but not limited to Service Fees or network fees for Virtual Currencies) will be charged to you as a liability towards the Company which will be set-off from your Virtual Currencies.
In order to log into your User Account, you will be required to enter your login ID or password and comply with such other security protocols as we may implement from time to time (the “Security Procedures”).
You hereby agree to consider your access credentials as confidential information on any electronic device you use, and you understand to not disclose such information to any third party.
YOU ARE RESPONSIBLE FOR ANY AND ALL ACTIVITIES CONDUCTED THROUGH YOUR USER ACCOUNT, NOTWITHSTANDING THAT SUCH ACTIVITIES WERE NOT AUTHORIZED BY YOU.
You are solely responsible for maintaining the security and confidentiality of your login ID, password. You agree to notify us immediately of any unauthorized use of your login ID, password as well as of any other breach of security.
You can use your User Account on multiple electronic devices. It is therefore your sole responsibility to ensure that all the electronic devices used are properly secured and that unauthorized access to the App is not permitted. Any unauthorized access to the App on any electronic device by third parties could result in the loss or theft of Virtual Currencies held in your Wallet(s).
PLEASE NOTE THAT WE WILL NEVER ASK YOU, FOR ANY REASON, WHETHER BY EMAIL, REGULAR MAIL OR TELEPHONE, TO DISCLOSE YOUR USER ACCOUNT PASSWORD. WE WILL NEVER SEND YOU EMBEDDED LINKS IN AN EMAIL REQUESTING THAT YOU SIGN ONTO THE APP BY CLICKING SUCH A LINK. IF YOU RECEIVE AN EMBEDDED LINK BY EMAIL CLAIMING TO BE FROM US, YOU SHOULD NOT OPEN IT OR CLICK ON THE LINK. THE EMAIL IS NOT FROM US AND IS LIKELY FRAUDULENT AND/OR A PHISHING ATTEMPT. NEVER GIVE YOUR USER ACCOUNT PASSWORD TO ANYONE WHOM YOU DO NOT INTEND TO AUTHORIZE TO USE YOUR USER ACCOUNT.
If you lose access to your User Account, We will be able under certain conditions to get back access to your User Account. The procedures outlined in the “Forgot?” toggle will need to be followed by you in order to regain access to the User Account.
You may not move, lease, assign or sell your User Account (or any use thereof) to a third party without the consent of CoinSwiss. In addition, you may not grant any person access to your User Account by communicating your password. If, as permitted by us, you grant express permission to a third party to access or connect to your User Account or if you communicate your password to any third party, 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 these Terms. You are fully responsible for all acts or omissions of any third party with access to your User Account and any action of such third party shall be considered to be an action authorised by you. Further, you acknowledge and agree that you will not hold the Company responsible for, and will indemnify Us from, any liability arising out of or related to any act or omission of any third party.
By using the Services, you agree that the Security Procedures are used to verify the authenticity of your information or other instructions, but not to detect errors in any other instruction you transmit or to avoid any misrepresentation. You agree that we may update or amend the Security Procedures at any time.
While we do not have any obligation to monitor your activity on the App, we may implement certain monitoring procedures designed to alert us to fraudulent activity. We are however not responsible for any unauthorized use of your User Account and, to the fullest extent permitted by applicable law, we will not be liable for any loss that you may incur as a result of someone accessing your User Account, either with or without your knowledge. To the fullest extent permitted by law, we disclaim any and all liability arising from fraudulent entry and use of your User Account or of the Services (including, but not limited to, liabilities arising from unauthorized activity undertaken through your User Account). If someone fraudulently obtains access to your User Account, we will take such action as we determine to be warranted, including without limitation, terminating your access, ceasing your User Account and/or membership immediately, closing the User Account, and taking all necessary and appropriate actions under applicable laws.
4.1.1. By moving Virtual Currencies, You represent and warrant Us that:
a) You are the owner of or are authorised to use the External Wallet from which you are moviing these Virtual Currencies;
b) You give us the order to store your Virtual Currencies in our account which is opened at the Virtual Currencies Custodian.
4.1.2. The Virtual Currency Custodian may store the User’s Virtual Currency by using a combination of hot and cold storage for the purposes of security reasons. You hereby agree and consent that the Virtual Currency Custodian can place your Virtual Currencies in a hot or cold storage solution. You acknowledge and understand that in the event of bankruptcy of the Virtual Currency Custodian, your Virtual Currencies will be separated from the bankruptcy estate of the Virtual Currency Custodian and may be moved to another interoperable storage solution which shall allow for the storage of your Virtual Currency.
4.1.3. The Company may discontinue or terminate any support for any Virtual Currency at any time for any or no reason. Unless otherwise required by law or by law enforcement, the Company will make reasonable efforts to notify you of its decision to cease the support of a Virtual Currency on the App.
4.1.4. If the Company ceases to support the movement of a particular Virtual Currency, the Company will use commercially reasonable efforts to notify you prior so as to allow you with an opportunity to move the affected Virtual Currency from your User Account to an External Wallet.
4.1.5. If You do not move your Virtual Currencies from your User Account prior to cessation of support for the said Virtual Currency by the Company, the Virtual Currency may be lost due to your inability to access, move or otherwise control it. The Company will not be liable to you for any loss, liability or expenses related to its decision to cease any support for any Virtual Currency.
5.2.1 Select the Amount of Virtual Currency to Invest: Users need to choose the amount of Virtual Currency to invest (e.g., 1000 USDT).
5.2.2 Select the Contract Duration: Users need to choose the contract duration (e.g., 90 days).
5.2.3 Complete the Subscription: After completing the subscription, Users can view their ongoing contracts in the App, which will show "expected profit" (this profit may be positive or negative).
5.2.4 When the contract period ends, Users can choose to "redeem" the contract. The company will deduct the relevant fees and return the principal plus any profit (which may be positive or negative) to the Wallet.
6.1.1. The Company uses external third-party service provider(s) to conduct KYC and AML checks to fulfil its legal obligations and process Personal data. The User shall not hold the Company liable for any losses or damages which may arise for any data loss, misconduct or any other action or inaction which is carried out by the thirty-party services provider(s).
6.1.2. Each User must carry out the KYC Process at least once. The list of information, Personal data and/or documents which are requested by the Company to fulfil the KYC Process may be amended depending on any new regulatory requirements applicable to the Company. The Company, at its sole discretion, reserves the right to request to Users additional information, Personal data, or documents.
6.1.3. The Company may also request additional information, Personal data and/or documentation when deemed necessary to clarify any doubts relating to your identity, the purpose of usage of your User Account and/or related to any other topic.
6.1.4. The Company reserves its right to reject your User Account registration and/or your Virtual Currencies or to later close your User Account, if you do not provide Us with accurate, complete and satisfactory information, Personal data or documents.
6.1.5. You must provide the Company with all documents and information and Personal data promptly and accurately. You accept that delays from your side to provide documents and/or information may delay the approval of your User Account registration.
6.2.1. User data. In order to become a User who can benefit from the Services rendered on the App, the following Personal data shall be collected:
(a) User ID (time at which it is created);
(b) Biometric features used by FaceID;
(c) Your phone number;
(d) Your e-mail address;
(e) Your logs (date and time);
(f) Balances of Virtual Currencies;
(g) Financial Data as detailed in the Privacy Policy;
(h) (Any of) your Cookies in accordance with our Cookie Policy;
(i) Your geographical location.
6.2.2. KYC&AML data. The Personal data you provide in the course of your registration or during the KYC Process or while using the App and/or Services will be used in accordance with the Privacy Policy which are hereby incorporated into these Terms. In order to use the Services available on the App, the following Personal data may be collected for KYC purposes, included but not limited to:
(a) You are at least eighteen (18) years old or of legal age to enter into a binding contract;
(b) You have the right, authority and capacity to agree to the Terms on your own behalf;
(c) You will not use a false name, identity or email address owned or controlled by another person with the intent to impersonate that person for any other reason;
(d) You shall not use a name that is subject to any rights of a person other than yourself without proper authorization;
(e) You are not a citizen or resident of the US, or any US territory;
(f) You are not a citizen or resident of North Korea, Iran or any other country that is under FATF sanctions or deemed very high risk by the FIU;
(g) Access and use of the App and/or the Services are NOT restricted in your country;
(h) You have not previously been suspended or removed from using the Services offered on the App;
(i) You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Services;
(j) You have regular access to the internet and you have provided us a valid email address which we can use to communicate with you;
(k) You will conduct yourself in a civil manner in all your interactions with us.
Should you not fulfil the conditions for creating a User Account and/or benefiting from the Services, You shall immediately refrain from doing so. In any event, the Company reserves the right to refuse Services to any User at any time.
The Company has the right to charge additional expenses caused by the User, as a result, inter alia, of misleading information, legal proceedings or claims against the Company or AML proceedings or investigations or the termination of the User Account. The Company may also charge additional expenses if the Users move Virtual Currencies which are not supported by the App and/or to the wrong wallet address and/or over the wrong blockchain protocol, should the Company decide, in its sole discretion, to try and recover these Virtual Currencies on the User’s behalf.
(a) Disclose your User Account login referential. We will never ask you for your credentials by telephone or email;
(b) Falsely state or otherwise misrepresent yourself or impersonate any other User or person;
(c) Authorize third-parties from using your User Account. You should not authorize at any time a third-party to use your User Account. If, however you grant access to a third party, you are solely responsible for granting access to the App to any third parties and the consequences thereof;
(d) Share your User Account with another individual or entity. At any time, you should refrain from disclosing your credentials to a third-party;
(e) Copy, in whole or in part, any of the information on the App or App Content other than for the purposes contemplated by these Terms;
(f) Exploit the App or the Services or any part of it for any commercial purpose, including any advertisement for your own or any other person’s products and services;
(g) Copy, adapt, modify, perform, translate, reverse engineer, disassemble or decompile any of the software underlying the App or the App;
(h) Duplicate, copy or reproduce any part of the App or the Services;
(h) Duplicate, copy or reproduce any part of the App or the Services;
(j) Disseminate, launch or use viruses, trojan horses, and other malware using the App;
(k) Use automated programs and scripts in particular, for the collection of the information on the other Users of the App;
(l) Copy, modify, distribute or sell any part of the App or Services;
(m) Introduce any material that contains software viruses, malwares, ransomwares or spywares or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, mobile devices or telecommunications equipment or any other technologies that may harm the App, the Services or the interests or property of the User or of the Company;
(n) Introduce backdoors or malicious code that exploits system flaws and vulnerabilities and is used to facilitate remote unauthorized access to a computer system or program;
(o) Carry out permanent denial of service attacks (PDoS) attack which results in denying the Company or any third-party service providers;
(p) Interfere or attempt to disrupt the Services and/or the App in any way; (q) Create any derivative works based on or using the App;
(r) Use the App and the Services for any public display, public performance, sale or rental;
(s) Use Company’s data or Users’ data to develop, create, register, list, trade, clear, or settle any investment product or financial product of any kind;
(t) Knowingly or recklessly use and/or take advantage of a technical or technological error, loophole or glitch in the App or Services;
(u) Remove any copyright or other proprietary notices from the App Content or, falsify or delete any author attributions, legal or other proper notices or labels of the origin or source material that is uploaded or otherwise provided by you;
(v) Frame or utilize any framing techniques in connection with the Services or the Materials;
(w) Use meta-tags, pay-per-click advertising, or any other “hidden text” using our App’s name or marks or the Company’s trademarks;
(x) Re-sell, deep-link to any page of the App, use, copy, monitor (e.g. scrape), display, download or reproduce any content or information, software or Services available on the App.
(a) Copy the App, the App Content;
(b) Copy, reproduce or modify the whole or any part of the App, or permit it to be combined with, or become incorporated in any other programs, except as necessary to use the App on devices as permitted in these Terms;
(c) Attempt to reverse engineer the App (except as permitted by law), source code;
(d) Use the App in any unlawful manner or for any unlawful purpose, including but not limited to illegal gambling, money laundering, fraud, blackmail, extortion, for illicit transactions or activities, ransoming data or the financing of terrorism, or other violent activities;
(e) Use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other Users;
(f) Collect or harvest any information or Personal data from the App or our systems or attempt to decipher any transmissions to or from the servers running the App and/or storing the Personal data;
(g) Circumvent any encryption or other security tools used anywhere on the App or in conjunction with the Services (including the theft of usernames, passwords or API keys or using another person’s username, password or API key in order to gain access to a restricted area of the App);
(h) Sell, rent, lease, license, sublicense, move, distribute, re-transmit, time- share, or otherwise assign to any third party the App Content, the Personal data or the Services or any of your rights to access and use the App;
(i) Use any App Content or information on the App or included in the Services in any manner that infringes any copyright, trademark, patent, trade secret, publicity or other proprietary right of any party;
(j) Upload or attempt to upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of the App or another’s property;
(k) Upload, post, email or otherwise transmit to us any submission that you do not have a right to transmit under contractual, fiduciary or other relationships (such as inside information, trade secrets, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(l) Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “phishing mail”, “spam,”, “chain letters,” “pyramid schemes,” or any other form of solicitation using the App, App Content or the Company’s trademarks;
(m) Restrict or inhibit any other User from using and enjoying the Services;
(n) Harvest or otherwise collect information about other Users of the App, including email addresses or other personally identifiable information;
(o) Use the App or the Services to pay for, support, receive proceeds from or otherwise engage in any illegal gambling activities;
(p) Upload, post, email or otherwise transmit any material that is illegal, immoral, obscene or defamatory of any person;
(q) Do anything that may adversely affect proper operation of the App or the Services and the reputation and goodwill of the Company;
(r) Use the information, material available on the App and the App Content for competing, directly or indirectly, with the Company or any Related Entity;
(s) Violate any applicable laws, regulations or policies, or these Terms.
Use of any website or app or resource controlled, owned, or operated by third parties is governed by the terms and conditions of use (including privacy policies) for those websites, apps or resources and not by the Terms or our Privacy Policy. We reserve the right to terminate any link or linking program at any time.
You hereby agree to defend and hold harmless the Company from and against all losses that may result from your use of links that may appear on the App or via the Services.
The Services offered through the App involve significant risks.
The User fully acknowledges and accepts the risks inherent to using the App, the Services. The User shall bear loss or damages resulting from the materialization of risks outside the control of the Company and that cannot be directly attributed to the Company’s breach of duty of care.
You hereby confirm that you have carefully and thoroughly read and understood the list of such risks as expounded in ANNEX 2(The risks in ANNEX 2 include current, potential, occurred, existing and any possible risks). This list is not exhaustive. There may be additional risks that the Company has not foreseen or identified. The Company shall update the list contained in ANNEX 2, from time to time, considering the developments it becomes aware of.
You hereby acknowledge that you have carefully assessed your financial situation and risk tolerance, and as a consequence, you have conducted any additional research, or asked advice, as you may have deemed necessary to complete the information provided to you in ANNEX 2.
You agree to assume responsibility for any of the risks listed in ANNEX 2 and any other risks, assumptions and decisions involved.
You agree to use the App at your sole risk and to hold the Company, any Related Entity and directors, consultants or employees free from any claim with respect to risks listed in these Terms.
(a) Act(s) of war or threat of war; or
(b) Riots, civil strife, or terrorist activity; or
(c) Industrial disputes, natural or nuclear disasters; or
(d) Fire, airport closures, bad weather conditions; or
(e) Interruption or failure of a utility service including lack of electricity; or
(f) The acts of any local or national government such as an imposition of economic sanctions; or
(g) Cyber-terrorism, cyber-attacks, hacking, bugs; or
(h) Nuclear disaster or explosion;
(i) Any epidemics or pandemics;
(j) Crypto market collapse or fluctuations;
(k) Lock-down(s); or
(l) Instances where the possibility to carry out the Services are materially and adversely affected under the Terms, even though all reasonable precautions, due care, and reasonable alternative measures to avoid these instances have been taken to diminish the inability to perform such Services;
(m) Technical problems, including hardware and software crashes and other malfunctions, blockchain network disruptions and failures, failure of the telecommunications or information services infrastructure, hacking, DDOS attacks, SPAM or failure of any computer, server or software disruptions on account of or caused by vandalism, theft, phone service outages, power outage, Internet disruptions, viruses, and mechanical, power or communications failures
(“Force Majeure Events”)
You agree to defend, indemnify and hold harmless the Company with their respective shareholders, officers, directors, employees, agents (each, an "Indemnified Party") from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys' and experts’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your unauthorized use of the or from any breach by you of these Terms, the Privacy Policy including without limitation any actual or alleged violation of any law, rule or regulation.
These Terms, the Privacy Policy (applicable to Users) and the applicable policies, subject to any amendments, shall constitute the entire agreement between you and the Company with respect to the Services including the App. If any provision of these Terms is found to be invalid by a court or competent jurisdiction, that provision only will be limited to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
The Company retains the right to, in its sole discretion, immediately terminate any User Account, prevent or restrict access to the Services or take any other action to restrict access to the App. The Company reserves the right and has absolute discretion but not an obligation, to remove, screen or edit any content that violates these provisions or is otherwise objectionable.
The Company’s failure to enforce a provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole.
The Company reserves the right to make any changes to these Terms at any time, as the Company deems necessary or desirable. If we make any material changes restricting or affecting in any way your rights, we will notify you on the App and, when possible, by email, prior to the change becoming effective. Your continued use of the App and the Services after any such changes or after explicitly accepting the new Terms, upon logging into the App and/or using the Services shall constitute your consent to such changes. If you do not agree to any modifications to these Terms, you should stop using the Services. Your use of Services following the date on which such amended Terms are published will constitute your consent to the updated Terms.
The updated version of the Terms will include a new “last modified” date at the top of the Agreement to identify the then-currently applicable Terms. Following receipt of such a notice and the posting of the updated version of the Terms on the App, please review the Terms to ensure that you understand how your rights and responsibilities may have been affected by the revisions.
You may not assign any of your rights, licenses, or obligations under these Terms. Any such attempt at assignment by you shall be void. The Company may assign its rights, licenses, and obligations under these Terms without limitation.
the Terms shall be governed by the laws of Republic of China. Any dispute regarding these Terms shall be subject to the exclusive jurisdiction of the Taiwan Taipei District Court as the court of the first instance.
If You wish to contact Us regarding these Terms please:
E-mail address: info@coinswiss.net
App refers to the CoinSwiss Application available on Android and iOS;
App Content means the content available on the App which is also accessible on the App and includes the reports, information, analysis and marketing material and videos;
BTC means Bitcoin, a Virtual Currency created in January 2009;
Company means the User’s counterparty to these Terms, providing the App and Services depending on the User’s country of residence.
Compliance Policies means the policies set forth and implemented by the compliance officer in order for the Company to comply with AML obligations.
Confidential information means information, idea, concept, material or any other Company’s data, not yet entered into the public domain, whether it has been communicated orally or in writing, including but not limited to all information regarding the Company’s business, concept or business model, all trade secret, all price lists and User’s data;
External Wallet means a Virtual Currency wallet to which a User may send or receive Virtual Currencies to or from which a User moves or receives Virtual Currencies;
FATF refers to the Financial Action Task Force;
Intellectual Property Right(s) means including but not limited to, copyrights, patents, registered designs, design rights, database rights, trademarks, domain name rights, trade secrets, know-how, Confidential information or any other proprietary or industrial right, and any other similar protected rights in any country, whether registered or unregistered;
KYC means the “Know-Your-Customer” obligations of the Company under the applicable the laws of Republic of China, as well as any other Applicable regulations and guidelines and the Company’s AML policy;
KYC Process means the procedure which the User needs to follow whereby such User provides information to the Company in line with the Privacy Policy and these Terms.
Personal data means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
Privacy Policy means the notification which indicates how the Personal Data is handled and processed throughout the use of the App;
Related Entity/ies refers to any entity controlled, directly or indirectly by the Company;
Services means the services made available by the Company on or through the App as outlined in Section 5 of these Terms;
Service Fees shall mean any fees displayed on the App which will be charged by the Company for the Services.
Suitability Process means the process put in place by the Company to carry out a due diligence on Personal data provided by Users in the course of the KYC Process;
Terms means these Terms of Use including its Annexes when such Annexes are applicable to the User;
USDC(s) shall mean a collateralized US dollar stable coin;
USDT(s) shall mean a collateralized US dollar stable coin;
User(s) means any natural person who completes the KYC Process as defined in Section 6 of the Terms. The User is referred to as “You” and/or “you” and/or as “Your” and/or “your” when indicating the possession of something within the Terms;
User Account(s) means the account created upon the User’s registration with the App;
Virtual Currency(-ies) means a digital representation of value that can be digitally traded, or moved, and can be used for payment or investment purposes. Virtual Currencies do not include digital representations of Fiat Currencies, securities and other financial assets
Virtual Currencies Custodian refers to a regulated service provider which will serve as a custodian for Virtual Currencies on behalf of CoinSwiss;
Virtual Currency Wallet(Wallet) means the wallet designated to support the holding of Virtual Currencies, USDT and USDC;
a. General risks associated to blockchain technology
You acknowledge that the risks related to your use of the App include (but are not limited to):
The Company does not own, govern, or control the underlying software protocols of blockchain networks that govern the operation of Virtual Currencies. In general, the underlying protocols are open source, and anyone can use, copy, modify, and distribute them. The Company is not responsible for the operation of the underlying network protocols, and does not make any guarantees regarding their security, functionality, or availability.
Blockchain networks may be the target of malicious attacks or 51% attacks seeking to identify and exploit weaknesses in the software or the protocol, including through the introduction of weaknesses and bugs into core infrastructure of the network and open source code which may result in the loss or theft of Virtual Currencies.
Since blockchain is an independent public peer-to peer network and is not controlled in any way or manner by CoinSwiss , CoinSwiss shall not be responsible for any failure and/or mistake and/or error and/or breach which shall occur in blockchain protocols or in any networks in which the Virtual Currencies are being issued and/or traded. You will be bound and subject to any change and/or amendments in the blockchain system and subject to any applicable law or regulation which may apply to the blockchain. We make no representation or warranty of any kind, express or implied, statutory or otherwise, regarding the blockchain functionality nor for any breach of security in the blockchain or in any blockchain protocol.
b.Trading risks
VIRTUAL CURRENCIES’ MARKETS ARE DETERMINED BY DEMAND AND SUPPLY ONLY. The Virtual Currencies’ market is a dynamic arena and its respective prices are often highly unpredictable and volatile. The Virtual Currencies’ prices are usually not transparent, highly speculative and susceptible to market manipulation. In the worst-case scenario, the product could be rendered worthless.