Term of Use
TERMS OF USE
LAST UPDATED: SEPTEMBER 10, 2024
Welcome to CrossFi! These Terms of Use govern your use of the blockchain-based software services (“Services”) provided by CrossFi Cain s.r.o. LLC, and our affiliates, including a cryptocurrency wallet specifically designed for the CrossFi token, through our website and related mobile applications (collectively, the “Site“) and the related services offered through the CrossFi Finance Application (the “App“). “We”, “our”, or “us” refers to CrossFi Cain s.r.o LLC and our affiliates.We will refer to the App and related services as the Services.
THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. WE EXPLAIN MORE ABOUT ARBITRATION AND DISPUTE RESOLUTION, AND HOW YOU CAN OPT OUT OF ARBITRATION, BELOW.
- INTRODUCTION
- The Terms of Use establish the legally binding terms for your use of the Services. By engaging with the Services, you consent to be bound by these Terms of Use, any additional guidelines or rules applicable to specific services and features, and our Privacy Policy (collectively, the “Agreement“). If you’re accepting these Terms on behalf of an organisation or other legal entity, you affirm that you have the authority to bind said entity to these terms. If you lack such authority, or if you disagree with the Terms of Use, you are not permitted to use the Services. Agreement to the Terms of Use and Privacy Policy is mandatory when you create a wallet via the Site, conduct transactions, or utilise the Services in any form.
- PLEASE BE AWARE: These Terms include critical information about your legal rights, remedies, and obligations, including an arbitration agreement in Section 9. Except for certain kinds of disputes specified therein, you agree that disputes will be resolved through mandatory binding arbitration, and you waive any right to partake in class action litigation or arbitration.
- FOR THE PURPOSES OF THIS AGREEMENT
- An “Account” denotes the online platform established by you for accessing CrossFi’s services, acting as your gateway to engage with the offerings provided.
- “Business Day” refers to any operational day that is not a Saturday, Sunday, or recognized public holiday within the jurisdictions of England and Wales. It is a day when financial institutions are typically operational within the said jurisdictions.
- “CRFI” is a utility token which is the native currency used on the CrossFi ecosystem. Its multi-asset protocol allows users to collateralize native assets and projection map it to a synthetic asset on another blockchain, allowing its synthetic derivative to be traded as if native to that chain.
- “Cryptocurrency” or “Cryptocurrencies” are defined as digital assets secured through cryptographic means, embodying value or contractual rights, utilising distributed ledger technology, and capable of being transferred, stored, or exchanged electronically. This term also encompasses any rights or interests associated with the cryptocurrency.
- “DeFi” refers to the blockchain-based assets defining decentralised finance tokens, which are used in various financial applications in the ecosystem without relying on central financial intermediaries. These tokens can represent a wide range of financial instruments or services, including lending, borrowing, or earning interest in a decentralised manner, often on an underlying blockchain that supports smart contracts and applications.
- “Digital Asset” means any digital asset (including a virtual currency or virtual commodity) which is a digital representation of value based on (or built on top of) a cryptographic protocol of a computer network.
- “Ethereum” is a decentralised open-source blockchain system that features its own cryptocurrency, Ether.
- “FIL” is the native currency of Filecoin, a decentralised storage system.
- “Order” represents a formal request submitted within the CrossFi platform to utilise the services provided, encompassing various transactional or operational activities.
- “Partner” is identified as any external entity or firm that directs users towards CrossFi for the purpose of engaging in the purchase, sale, or exchange of cryptocurrencies.
- “Partner Sites” are the digital platforms, including mobile applications and websites, belonging to or associated with CrossFi’s partners, facilitating the interaction or transaction with CrossFi’s Services.
- “Services” are broadly categorised as the array of functionalities offered by CrossFi, which includes but is not limited to, the acquisition, disposal, or trading of cryptocurrencies.
- “Wallet” within the CrossFi ecosystem is a secure digital repository for storing, managing, and transacting in cryptocurrencies, ensuring the safeguarding of digital assets under the user’s control.
- ACCESS TO SERVICES
- By accessing or using any or all of the CrossFi Services, you acknowledge that:
- You have comprehensively reviewed and understood these Terms;
- You consent to be legally bound by these Terms;
- You possess the legal capacity to agree to these Terms.
- If you disagree with these Terms or any subsequent amendments, you are not authorised to access or utilise CrossFi’s Services.
- By accessing or using any or all of the CrossFi Services, you acknowledge that:
CROSSFI DOES NOT OFFER INVESTMENT, FINANCIAL ADVICE, OR CONSULTING SERVICES. AS A PROVIDER OF CRYPTOCURRENCY WALLET SERVICES, CROSSFI DOES NOT PROVIDE RECOMMENDATIONS ON DIGITAL ASSET TRANSACTIONS OR OPERATIONS. ANY DECISIONS RELATED TO DIGITAL ASSET TRANSACTIONS OR OPERATIONS SHOULD BE MADE INDEPENDENTLY BY YOU.
- PRIVACY POLICY
- For details on how CrossFi collects, utilises, and discloses information from users, refer to our Privacy Policy. You agree that your use of the Services is governed by our Privacy Policy, which allows us to handle your information (including personal data) as detailed therein.
- UPDATES TO TERMS OF USE
- CrossFi reserves the right to amend or modify these Terms at any time. If changes are made, we will notify you by posting the updated Terms on our website or through other communication methods we consider appropriate. These changes will take immediate effect unless stated otherwise. It is your responsibility to stay informed of any changes by regularly reviewing our website. Continuing to use CrossFi’s Services after updates signifies your acceptance of the revised Terms. If you do not agree to the updated Terms or any changes made therein, you must stop using CrossFi’s Services. As our services evolve, we may change or discontinue any part of our Services at our discretion, without prior notice.
- By using CrossFi’s Services, you are affirming your acceptance of these Terms and acknowledging your responsibility to stay informed about and comply with any updates or changes.
- INTELLECTUAL PROPERTY LICENSE
- Under the condition that you adhere to these Terms, we grant you a non-exclusive, non-sublicensable, and non-transferable licence to utilise CrossFi for your personal or internal business purposes exclusively. The following restrictions apply to your use of CrossFi, except as explicitly allowed within these Terms:
- You are prohibited from reproducing, modifying, adapting, or creating derivative works from any portion of CrossFi;
- You may not rent, lease, distribute, sell, sublicense, transfer, or provide access to CrossFi to others;
- CrossFi should not be used for the benefit of any third party;
- Without our explicit written consent, you may not integrate CrossFi into a service or product that you provide to a third party;
- You must not bypass any mechanisms in CrossFi designed to restrict your use;
- Except as allowed by applicable law, and then only after providing us with advance notice, you are not permitted to reverse engineer, disassemble, decompile, translate, or otherwise attempt to access or derive the source code, underlying ideas, algorithms, or non-public APIs of CrossFi;
- Any proprietary or other notices contained in CrossFi must not be removed or obscured;
- CrossFi should not be used for competitive analysis or as part of any project to develop competitive products.
- Under the condition that you adhere to these Terms, we grant you a non-exclusive, non-sublicensable, and non-transferable licence to utilise CrossFi for your personal or internal business purposes exclusively. The following restrictions apply to your use of CrossFi, except as explicitly allowed within these Terms:
- ELIGIBILITY
- To use CrossFi’s wallet services:
- You must be at least eighteen (18) years old and legally competent to enter into these Terms;
- You must not be a resident of sanctioned jurisdictions according to any trade embargoes, UN Security Council Resolutions (“UNSCR”), or HM Treasury’s financial sanctions regime;
- You must not be currently the subject of or subject to economic sanctions such as the United Nations Security Council Sanctions List, the list of specially designated nationals maintained by OFAC, the denied persons or entity list of the U.S. Department of Commerce or any similar list maintained by any other relevant sanctions authority.
- If you are using our Services on behalf of a legal entity, you further represent and warrant that:
- The legal entity is duly organised and validly exists under the applicable laws of the jurisdiction of its organisation; and
- You are duly authorised by such a legal entity to act on its behalf. You can only use our Services if permitted under the laws of your jurisdiction. For the avoidance of doubt, you may not use our Services if you are located in, or a citizen or resident of any state, country, territory, or other jurisdiction where your use of our Services would be illegal or otherwise violate any applicable laws. Please make sure that these Terms are in compliance with all laws, rules, and regulations that apply to you. You agree that you are only using our Services with legally obtained funds that rightfully belong to you. By using CrossFi’s wallet services, you represent and warrant that you meet all eligibility requirements that we outline in these Terms. We may still refuse to let certain people access or use CrossFi’s wallet services, however, and we reserve the right to change our eligibility criteria at any time.
- To use CrossFi’s wallet services:
- WALLET SERVICES
- CrossFi Wallet is a non-custodial digital wallet application designed to empower you with full control and responsibility over your digital assets, which include cryptocurrencies, virtual commodities, and NFTs (“Digital Assets“). This means that you have the sole authority over your private keys and the digital assets within your wallet, enabling you to execute transactions directly from your wallet address.
- When you engage with the CrossFi Wallet, which is designed primarily to hold CRFI and FIL tokens, you are entering an ecosystem where these digital assets are central. Through the CrossFi Wallet, you have the ability to exchange Ether for CRFI and FIL, as well as use these tokens for various transactions and payments within the network. The wallet serves as a hub for managing these specific cryptocurrencies, enabling you to track your balances and execute transactions effectively.
- The process of connecting your CrossFi Wallet to another service like MetaMask allows for seamless interaction between different platforms, enhancing your ability to manage and utilise your CRFI and FIL tokens. When you make this connection and engage in transactions, you are also accepting the terms and conditions of the interconnected services, ensuring a secure and compliant interaction within the digital asset space.
- In essence, the CrossFi Wallet is your gateway to accessing and managing CRFI and FIL tokens, facilitating buying, selling, and payment activities with these specific cryptocurrencies. It’s designed to offer a comprehensive and user-friendly experience for managing these assets, underpinned by a secure and reliable technological framework.
- Key functionalities of the CrossFi Wallet include:
- Generation of Wallet Addresses: You can create unique wallet addresses along with their corresponding private keys to facilitate the sending and receiving of digital assets;
- Access to Decentralised Applications and Exchanges: The wallet provides a gateway to explore and interact with third-party DApps and decentralised exchanges (DEX) via an integrated web browser within the mobile application;
- Asset Trading and Swapping: Leverage the DApp functionality to trade or swap digital assets through services provided by third-party providers;
- Staking Services: Engage in staking by participating in third-party proof of stake networks to potentially earn rewards on your digital assets;
- Price Information: View real-time price data of various digital assets, supplied by third-party service providers;
- Transaction Broadcasting: The wallet allows you to broadcast transaction data to supported blockchains without the necessity of downloading or installing specific blockchain software on your device.
- ACCOUNT OPENING
- As a user, you acknowledge and accept that the responsibility for managing your wallet’s security, including safeguarding your private keys and overseeing all activities conducted through your CrossFi Wallet, resides entirely with you.
- When initiating the setup of a CrossFi Wallet, you will be required to furnish certain personal details, such as your phone number or email address, along with a one-time password (OTP). It is imperative that the information provided is solely yours and not that of another individual. The CrossFi Wallet you create will be intrinsically linked to your CrossFi account, ensuring that you retain full control over its management and operations.
- Upon the creation of your CrossFi Wallet, a mnemonic phrase, also known as a “seed phrase,” is generated. This phrase is a critical component in the derivation of a cryptographic key pair, where the private key serves as the cornerstone of your ownership of the wallet. The public key derived from this process is publicly visible on the blockchain network, facilitating your ability to engage in sending and receiving cryptocurrencies. It is crucial to note that CrossFi does not retain a copy of your seed phrase or private key within its databases.
- CrossFi unequivocally asserts that it does not retain, store, or have access to the user’s seed phrase or private key. To enhance security, CrossFi employs encryption and backup procedures, leveraging Amazon Web Services infrastructure to secure the encrypted data. This process is designed to protect the user’s seed phrase and private key from unauthorised access.
- The user maintains absolute control and responsibility for the security and management of the CrossFi Wallet and its associated private keys. CrossFi’s protocol stipulates a non-custodial approach, ensuring that CrossFi does not possess the capability to access or manage the user’s seed phrase or private key.
- The user has the discretion to backup or export the mnemonic phrase. However, this action transfers the onus of security to the user, and CrossFi disclaims liability for any resultant loss or compromise of data. The user’s decision to export the mnemonic phrase necessitates a heightened responsibility for the safeguarding of their wallet’s integrity.
- In the event of activating additional security measures, such as two-factor authentication, the user may be required to undergo further verification processes. CrossFi’s infrastructure facilitates the user’s autonomy in initiating and executing wallet-related transactions without CrossFi’s intervention.
- Upon successful authentication, you, the user, are empowered to execute any pertinent blockchain transactions through your CrossFi Wallet. CrossFi is under no obligation to scrutinise or validate the legitimacy or precision of any transaction conducted through its platform. However, CrossFi reserves the right, at its sole discretion, to conduct inquiries or investigations into any transaction as deemed necessary.
- You bear sole responsibility for safeguarding the confidentiality of your communication tools, including your phone and email address, and for all activities that occur under your account or your CrossFi Wallet. CrossFi disclaims any liability should unauthorised access to your phone or email led to unauthorised transactions following the receipt of an OTP. Immediate notification to CrossFi is required if your communication tools are lost, stolen, or compromised in any manner.
- CrossFi categorically states that it does not possess the capability to access your mnemonic seed phrase or any associated private key data. As such, CrossFi is incapable of independently initiating cryptocurrency transfers or accessing the funds within your CrossFi Wallet. The role of CrossFi is not that of a broker, intermediary, agent, advisor, or custodian, nor does CrossFi assume any fiduciary duties concerning decisions or activities related to your CrossFi Wallet.
- The responsibility for securing your private keys and managing the contents of your CrossFi Wallet rests solely with you. You acknowledge and accept the risks associated with the loss of access to your CrossFi Wallet and its contents. CrossFi does not exert control over, nor assume responsibility for, the digital assets stored within your CrossFi Wallet. You are the sole entity accountable for the transfer and management of cryptocurrencies within your wallet. CrossFi explicitly renounces all claims, warranties, representations, or assurances concerning the transactions you undertake.
- Should you misplace your private keys, you may irreversibly lose access to your CrossFi Wallet and its assets. CrossFi is not liable for the fluctuation in the value of cryptocurrencies or the fiat currency equivalent of the assets held within your CrossFi Wallet.
- DAPPS
- When utilising DApps or DEX through CrossFi Wallet, including functionalities such as trading or swapping digital assets, you must recognize and accept the following conditions:
- CrossFi Wallet does not hold responsibility for your interaction with DApps or DEXs and is not liable for any issues arising from your use of these platforms, including any transaction disputes;
- Transaction limits on DEXs may be governed by the requirements set forth by third-party-developed Smart Contracts, which you must adhere to;
- Blockchain transactions are final and irreversible. You bear full responsibility for the outcomes of your transactions via DApps or DEXs, including errors such as sending assets to the wrong address or issues stemming from the selection of node servers;
- Utilising DApps or DEXs may incur handling fees or service charges levied by third-party Smart Contracts. While CrossFi Wallet may display fee-related information, it does not warrant the accuracy or reliability of such data. Therefore, CrossFi Wallet shall not be held accountable for any loss or damage resulting from your reliance on this information;
- Currently, CrossFi Wallet does not impose service or handling fees for DApp or DEX usage. However, CrossFi reserves the right to introduce such fees in the future. Any changes to the fee structure will be applicable to transactions conducted after the effective date of the new fees.
- By accessing and using Dapps and DEXs through CrossFi Wallet, you acknowledge your understanding and agreement to these terms, accepting sole responsibility for the security and outcomes of your transactions.
- When utilising DApps or DEX through CrossFi Wallet, including functionalities such as trading or swapping digital assets, you must recognize and accept the following conditions:
- STAKING SERVICE
- If you engage with the Staking Service through CrossFi Wallet, a third party might stake certain Digital Assets on your behalf, designated as “Staked Digital Assets.” This third party acts as a validator of transactions on the relevant blockchain network. When a block of transactions is successfully validated using your Staked Digital Assets, you may receive a reward from the network, known as a “Staking Reward.”
- It’s crucial to acknowledge that CrossFi Wallet is not liable for:
- your use of the Staking Service and any outcomes related to this use;
- the continuous availability or operation of the Staking Service; and
- the guarantee that any specific Digital Asset will be staked or maintain its staked status.
- By using the Staking Service, you understand and agree that the staking process and the potential earning of Staking Rewards are subject to the operations and conditions set by the third party and the respective blockchain network. CrossFi Wallet’s role does not encompass overseeing or managing the staking process or the distribution of Staking Rewards.
- CROSSFI SERVICES
- To access CrossFi services, you must create an account, providing your name, email address, and agreeing to these Terms. You affirm that you will use CrossFi Services solely for your personal use and not on behalf of any third party. Upon completing the registration, CrossFi will establish your account, for which you’ll bear full responsibility for any activities conducted under it. CrossFi reserves the right, at its discretion, to refuse account creation, limit the number of accounts you may hold, or suspend or terminate an account without obligation to provide reasons for such actions.
- As part of the account setup, you’re required to supply the necessary information to confirm your identity and to aid in the prevention of money laundering, terrorist financing, fraud, or other financial crimes, allowing us to maintain a record of this information. You’ll need to undergo certain verification processes before commencing the use of CrossFi Services.
- The required information may encompass personal details like your name, address, telephone number, email address, date of birth, taxpayer identification number, and government identification number, alongside your bank account details. You’re obligated to ensure the accuracy of this information and to update us on any changes. Your information will be handled in accordance with the data protection terms outlined in this Agreement.
- You authorise us to conduct necessary inquiries, directly or via third parties, to verify your identity and safeguard against financial crimes, consenting to the potential disclosure of your information to credit and fraud prevention agencies. These checks are solely for identity verification and should not impact your credit rating. Post-transaction, we may require a waiting period before further usage of CrossFi Services or before allowing transactions above certain thresholds.
- Non-compliance in providing requested information under applicable laws may result in service suspension or termination of this Agreement. The scope of required information may vary based on the services you utilise or your payment methods.
- If referred to CrossFi by a partner site, you must still register with CrossFi and adhere to these Terms, regardless of any additional terms agreed upon with our partners.
- SUSPENSION, TERMINATION AND CANCELLATION
- CrossFi possesses the authority to:
- reject, obstruct, or annul any transactions that you have sanctioned;
- suspend, restrict, or terminate your access to any or all of the services provided by CrossFi; and/or
- deactivate or cancel your CrossFi account immediately under various circumstances, including but not limited to the following.
- In instance where CrossFi is mandated by applicable laws, regulations, or any directive from a competent authority or regulator across any jurisdiction it operates within;
- If there is a reasonable suspicion that you have violated these Terms t;
- Should there be concerns regarding the validity of a transaction, the security of your CrossFi account, or indications of the services being used in a fraudulent or unauthorised manner:
- If there are suspicions of activities related to money laundering, terrorist financing, fraud, or any other financial crime associated with your account;
- In the event your CrossFi account activities are subject to any ongoing litigation, investigation, or government proceeding, or if there is a perceived elevated risk of legal or regulatory non-compliance;
- Should you engage in actions that might circumvent CrossFi’scontrol measures, such as creating multiple accounts or exploiting promotional offers;
- If you fail to provide necessary documentation requested by CrossFi (or any third party assisting CrossFi) for compliance with anti-money laundering laws and regulations, or for the verification of your identity or funding sources to CrossFi’ssatisfaction;
- In cases where the size of a Cryptocurrency Order is significantly larger than typical transactions;
- When CrossFi believes it is necessary to act to preserve the security of your account, particularly if account details have been compromised or lost.
- CrossFi commits to make reasonable efforts to notify you regarding any withholdings, suspensions, or cancellations, provided such notifications do not contravene any legal or regulatory obligations or undermine CrossFi’ssecurity protocols.
- CrossFi disclaims any liability for losses you might incur as a direct or indirect result of its justifiable actions to suspend your account or withhold settlement of an Order as delineated in this clause.
- You retain the right to cancel your CrossFi account at your discretion, free of charge, subject to the settlement of any charges for services already used. Should there be any pending Orders at the time of your account’s cancellation or suspension, these will be processed to completion.
- Post-termination or cancellation of this Agreement, your access to the services, or the deactivation or cancellation of your account, you remain accountable for all liabilities accrued prior to such action, inclusive of all relevant fees and charges.
- CrossFi possesses the authority to:
- FEES
- All fees applicable under these Terms will be prominently disclosed before you engage in any purchase or sale of Cryptocurrency via the Services, with payment required in the specified fiat currency. It is imperative to understand that the fee details are provided at the point of transaction, and your progression with the transaction will be taken as your agreement to the stipulated fee, which must be acknowledged before CrossFi processes the Order.
- CrossFi retains the right to recover any financial losses incurred from your initiation of a chargeback process with your banking institution. These losses may encompass not only the administrative charges imposed by card acquirers and card networks but also the value of the Cryptocurrencies involved.
- TAXES
- As a user, it is your responsibility to ascertain and comprehend the tax implications of your transactions utilising the Services provided. This includes determining the necessity and extent of any applicable taxes, as well as the obligation to withhold, collect, report, and remit the correct tax amounts to the relevant tax authorities. Your proactive engagement in understanding and fulfilling your tax obligations is crucial to ensure compliance with the prevailing tax laws and regulations associated with your transactions.
- DATA PROTECTION
- CrossFi is dedicated to safeguarding your personal data. We adhere to the relevant data protection laws to ensure the confidentiality and security of the personal information you provide. For a comprehensive understanding of our practices concerning data handling, storage, and protection, we encourage you to review our Privacy Policy. The Policy details how we collect, use, and secure your data, outlining our commitment to upholding data protection principles and your rights as a data subject. It is crucial for you to familiarise yourself with these details to be informed about your rights and our obligations regarding data protection.
- LIMITATION OF LIABILITY
- CrossFi, along with its directors, employees, or agents, shall not be held liable for any losses or damages experienced by you, whether directly or indirectly, as a consequence of utilising CrossFi’sServices, except in circumstances where liability cannot be excluded or limited under the law, including but not limited to:
- Death or personal injury resulting from our actions;
- Any form of fraud or deceit perpetrated by us; and/or
- Liabilities that the law does not allow to be excluded or limited.
- CrossFi will not be liable for any indirect or consequential losses, such as lost profits, opportunities, business, savings, goodwill, or any third-party claims, even if those losses were foreseeable or if CrossFi was advised of their potential.
- CrossFi disclaims any liability related to the use of Cryptocurrencies, which includes but is not limited to technical defects inherent to digital assets, legislative or regulatory changes affecting Cryptocurrencies, and market volatility.
- CrossFi is not responsible for any harm or disruptions caused by malicious software or cyber-attacks that may impact your devices or for any phishing or spoofing attempts. You are advised to implement robust security measures, including the use of effective anti-virus software and being cautious of potential phishing or spoofing communications.
- You agree to indemnify and hold CrossFi and its affiliates harmless from any claims, liabilities, or expenses arising from your use of the Services, shared content on the platform, interactions with third-party resources, or violations of these Terms or applicable laws.
- These Terms set forth the entire understanding regarding your use of CrossFi’sServices. You acknowledge that any reliance on declarations not included in these Terms is at your own risk.
- You acknowledge and accept that CrossFi does not exert control over and is not required to intervene in various scenarios, including:
- Processing failures, disruptions, errors, or delays concerning Digital Assets while utilising the Services;
- Potential hardware, software, and Internet connection failures;
- Risks of malicious software in the underlying software of CrossFi;
- The possibility of third parties gaining unauthorised access to your wallet details such as address, private key, and Seed Phrase;
- Risks associated with unforeseen vulnerabilities or modifications in the blockchain network.
- You absolve us of any liability linked to losses, damages, or claims resulting from:
- Errors like forgotten passwords, incorrect transactions, or mistyped Digital Asset addresses;
- Server failures or data loss;
- Unauthorised access to the CrossFi application;
- Software bugs in CrossFi; and
- Any unauthorised third-party actions such as the use of viruses or phishing against CrossFi.
- WARRANTY DISCLAIMER
- We make no assertions regarding Third Party Content accessed through our Services. Interactions with such content are solely between you and the respective parties.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE OR OUR AFFILIATES WILL NOT BE RESPONSIBLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR SIMILAR DAMAGES ARISING FROM YOUR ACCESS OR USE OF THE SERVICES. THIS INCLUDES, BUT IS NOT LIMITED TO: UNAUTHORISED USE OF YOUR WALLET, SERVICE INTERRUPTIONS, COMPUTER VIRUSES, OR ANY THIRDwe or our affiliates will not be responsible for any direct, incidental, indirect, special, punitive, consequential, or similar damages arising from your access or use of the Services. This includes, but is not limited to: unauthorised use of your wallet, service interruptions, computer viruses, or any third-PARTY ACTIONS IMPACTING THE SERVICES. THE TOTAL LIABILITY TO YOU FOR ALL DAMAGES WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00) OR ITS LOCAL CURRENCY EQUIVALENT.party actions impacting the Services. The total liability to you for all damages will not exceed one hundred U.S. dollars ($100.00) or its local currency equivalent.
- CrossFi is provided on an “as is” and “as available” basis without extending any warranties, whether express or implied, regarding the availability, reliability, or functionality of its Services or the platform. We disclaim all warranties, whether express or implied, including those of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Services will be uninterrupted, timely, secure, or error-free. CrossFi does not assert the appropriateness or permissibility of its Services within all jurisdictions. It is the sole responsibility of you, the user, to ensure that your use of CrossFi’s Services aligns with the legal and regulatory frameworks applicable within your jurisdiction of residence or operation.
- By assenting to these Terms, you, the undersigned party, hereby affirm, warrant, and undertake the following stipulations to CrossFi:
- You unequivocally assert that you possess the requisite legal authority and capacity to enter into, execute, and be bound by these Terms;
- You acknowledge and comprehend that CrossFi does not represent or warrant the suitability, appropriateness, or fitness of the Services provided through its platform for your individual requirements and exigencies. It is incumbent upon you to secure independent professional advice regarding the utilisation of said Services;
- You affirmatively declare that your engagement with these Terms is conducted in a principal capacity, not as an intermediary or representative of any third-party entity;
- You covenant that your participation in these Terms and your utilisation of the Services herein will not contravene any applicable legal or regulatory statutes;
- You warrant that all information furnished by you in connection with these Terms is devoid of falsity, misleading statements, or inaccuracies;
- You undertake not to introduce or disseminate any malicious software, code, or routine that could potentially inflict harm, disruption, or unauthorised intrusion into any data or system associated with CrossFi’sServices;
- You attest that all financial or Cryptocurrency assets transacted or held within the Wallet are procured through legitimate means, devoid of any illicit provenance;
- You agree to abstain from utilising any undisclosed proxies or automated devices that contravene the permissible usage protocols of CrossFi’s digital interfaces;
- You pledge to uphold decorum and civility towards all personnel, agents, or users affiliated with CrossFi, refraining from any form of harassment or intimidation;
- You recognize that, while CrossFi endeavours to ensure the veracity and reliability of the information it provides, it does not furnish any guarantees regarding the accuracy or completeness of such information;
- You affirm that the information you provide to CrossFi is, to the best of your knowledge, accurate, complete, and updated regularly to reflect any changes;
- You commit to providing all reasonable assistance as may be requested by CrossFi to facilitate compliance with these Terms and any pertinent regulatory requirements;
- STORED CARD DETAILS
- CrossFi is obligated under law to obtain your explicit consent for storing your card details for future transactions. Your agreement to this clause is a prerequisite for processing any payments on your account.
- Once consent is provided, your card information will be securely stored and linked to your Account for transactional purposes. This storage persists until you opt to remove the card details or upon the card’s expiration. However, for compliance with legal standards, transaction records will be maintained as outlined in our Privacy Policy.
- The rationale for storing card details is to streamline your future deposit and withdrawal processes, enhancing user convenience while also enabling us to bolster measures against fraudulent activities.
- By storing your card details, CrossFi eliminates the need for repeated data entry for subsequent transactions. Within your Account settings, only the last four digits of your stored card number will be visible, serving as an identifier for your chosen payment method.
- CrossFi employs the stored card details within our fraud detection systems to prevent unauthorised use of your card on other accounts, thereby enhancing the security of your financial data.
- Should you choose not to consent to the storage of your card details, CrossFi will be unable to facilitate deposits from the card in question.
- In the event of any changes to the terms of card detail storage, your consent will be sought anew. You will be duly notified of such changes to ensure ongoing compliance with your preferences and our regulatory obligations.
- SECURITY
- CrossFi will furnish you with specific security credentials necessary for accessing your Account. It is imperative that you maintain the confidentiality of these security details, including usernames and passwords, ensuring they are not disclosed to any third party.
- Vigilant monitoring of your Account is crucial. You are obligated to review all communications sent to you. Should you have any suspicion or become aware that any aspect of your Account’s security, such as login credentials or other security features, has been compromised, lost, stolen, or used without authorization, you must immediately inform CrossFi and, if deemed necessary, promptly alter your password.
- CrossFi adheres to strict security protocols and will never request your password or advise you to divulge it to any third party. You are urged never to disclose your password or permit observation during your Account access. Regular password changes are recommended to enhance the security of your Account.
- The integrity of your registered email account(s) is also paramount, as they are integral to password resets and receiving vital security communications from CrossFi. Should you suspect any breach or unauthorised access to your email account(s) associated with your CrossFi Account, it is your responsibility to immediately notify CrossFi and contact your email service provider to secure your account.
- NOTICES
- All notifications and communications related to these Terms:
- Must be drafted in English and be readable. By entering into this Agreement, you affirm your understanding and proficiency in English;
- Should be directed to CrossFi at the designated address or email provided, which may be updated and communicated to you over time;
- Will be sent to you at the contact details you have registered with us, ensuring clear and reliable communication.
- Notices sent by postal service should adhere to the relevant postal protocols, depending on whether the communication is within or outside the United Kingdom, to ensure timely delivery.
- The acknowledgment of receipt for any communication will be based on the method of delivery, with specific considerations for business hours and geographical location, ensuring that all parties are aware of the timeline for notice effectiveness.
- This section does not cover legal proceedings or document services, emphasising that CrossFi does not accept legal notices via email, aligning with standard legal practices.
- CrossFi may also provide notifications through postings in your Account or on the Site, with such information being considered received once posted.
- For feedback or inquiries, contact CrossFi’s customer support, providing necessary identification and account details to facilitate efficient and accurate responses.
- In the event of complaints regarding the Services, direct communication with CrossFi’s support is encouraged for prompt investigation and resolution, adhering to a committed response timeframe to address your concerns comprehensively.By integrating these components, CrossFi has created a dynamic and secure ecosystem that supports a wide range of financial services, bridging the gap between traditional finance and the burgeoning crypto sector, while emphasising compliance, security, and risk management in all their operations.
- All notifications and communications related to these Terms:
- GENERAL
- You are obligated to abide by all pertinent laws, regulations, licensing requirements, and third-party rights, including data privacy laws when utilising CrossFi Services.
- We grant you a limited, non-exclusive, non-transferable licence, subject to these erms, to access and use the Site and the Content solely for approved purposes as we may specify. Unauthorised use of the Site or Content is strictly prohibited, and all other rights are reserved by CrossFi and its licensors.
- “CrossFi,” its website, and all related logos are trademarks or registered trademarks of CrossFi or its licensors. You are prohibited from using these without CrossFi’sexplicit written consent.
- Your use of CrossFi Services must comply with international export controls and economic sanctions. You agree to adhere to these requirements, and you are forbidden from using the Services if you are located in, under the control of, or a national or resident of any sanctioned country or on any sanctioned persons list.
- We will notify you of any changes to these Terms t when you next use the Services. Your continued use after a change indicates acceptance of the new terms.
- Amendments to these Terms will be communicated via the Site or email, with the revised terms taking effect as indicated. If you disagree with any changes, you should cease using CrossFi Services and close your account.
- The latest version of these Terms will always be available on the Site and provided via email upon request.
- Any information about other users obtained through the Services must be kept confidential and used solely in connection with the Services.
- Ensure your contact details in your CrossFi Account are currently to receive all communications and alerts.
- Headings are for convenience only and do not influence the interpretation of these Terms.
- The validity of the remaining provisions remains unaffected if any part of these Terms is deemed unenforceable.
- ARBITRATION
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- Subject to these Terms, you and CrossFi agree that any dispute, claim, disagreements arising out of or relating in any way to your access to or use of the Services or of the Site, any Communications you receive, any products sold or distributed through the Site, the Services, including claims and disputes that arose between us before the effective date of these Terms (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that: (1) you and CrossFi may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (2) you or CrossFi may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
- YOU AND CROSSFI HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and CrossFi are instead electing that all Disputes shall be resolved by arbitration under these Terms, except as specified in the Point 24.1 above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
- YOU AND CROSSFI AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to these Terms, the arbitrator may award declaratory or injunctive relief only in favour of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Notwithstanding anything to the contrary in these Terms, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this Point are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and CrossFi agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of Delaware. All other Disputes shall be arbitrated or litigated in small claims court. This subsection does not prevent you or CrossFi from participating in a class-wide settlement of claims.
- A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). If you initiate the arbitration, you must provide CrossFi a copy of your Request by email at [email protected]. The Request must include: (1) the name, telephone number, mailing address, email address of the party seeking arbitration, and the email addresses associated with the applicable CrossFi Account(s); (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought, including an accurate, good faith calculation of the amount in controversy in United States Dollars; (4) a statement certifying completion of the Formal Complaint Process; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.
- If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.
- Unless you and CrossFi otherwise agree, the arbitration will be conducted in the county where you reside. Disputes involving claims, counterclaims, or requests for relief under $25,000, not inclusive of attorneys’ fees and interest, will be conducted solely on the basis of documents you and CrossFi submit to the arbitrator.
- You and CrossFi agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.
- The arbitrator will be selected by the parties and shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of these Terms, including the enforceability, revocability, scope, or validity of these Terms or any portion of these Terms. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. This means that, among other things, you and we agree that an arbitral award shall have no preclusive effect in any other proceeding involving other parties. Judgement on the arbitration award may be entered in any court having jurisdiction. In any award of damages, the arbitrator shall abide by the “Limitation of Liability” section of these Terms.
- The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose. If you or CrossFi need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys’ fees incurred in securing an order compelling arbitration.