Terms of Service - Coinmotion: Invest in Crypto Securely

Coinmotion Terms of Use •••••••••• Updated 01.11.2019 Welcome to Coinmotion through which you can deposit and withdraw cryptocurrency and fiat currency and buy, sell and store cryptocurrency (hereinafter “Service”). Coinmotion is operated by a Finnish limited liability company Coinmotion Oy (business ID: 2469683-1) that has its principal office at Kauppakatu 39, 40100 Jyväskylä, Finland (hereinafter “us” or “Company”). Before you can use the Service or create an account on Coinmotion (hereinafter “Account”), you must to accept these terms of service and our privacy policy, which together shall be hereinafter referred to as an “Agreement”. The Service is currently unavailable to the nationals and residents of the United States of America due to the heavy regulation of FATCA. CHANGES TO THESE TERMS 01.11.2019 These Terms of Service have been updated on 01.11.2019 with the following changes, that will take effect on 30.11.2019 for users registered prior to the changes. For new users these Terms are up to date. 1. ACCEPTANCE OF THE AGREEMENT This Agreement is an electronic contract that establishes the legally binding terms you must accept to use the Service. This Agreement may be amended as appropriate. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on the Service and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means, which could include notification through the Service or via email. The changes take effect thirty (30) days after we have notified you. A shorter period of time can be used if the change is due to a change in legislation or a decision of the public authority. If you continue to use the Service after the changes become effective, then you shall be deemed to have accepted those changes. If you do not agree to these changes, you must not use the Service, and if you have an Account you must delete your Account. The Agreement may be unilaterally modified and terminate by the Company on the grounds specified in paragraph 14 (see "Termination of this Agreement"). 2. ELIGIBILITY You must be at least 18 years of age to use the Service or to create an Account. By creating an Account and/or using the Service, you represent and warrant that you can form a binding contract with us, you are not a person who is barred from using the Service under any laws and you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations. 3. CREATING AN ACCOUNT ON COINMOTION AND THE RIGHT TO INFORMATION WHEN YOU USE THE SERVICE WITHOUT AN ACCOUNT To create an Account, you will need to register, choose an Account name and set a password. You can create an Account by following the registration link and providing the asked information. For you to be able to use your Account, you have to confirm it by clicking on the link automatically sent to the email address provided by you. When you create an Account or use the Service without an Account, you authorize us to access and use certain information about you. For more information regarding the information we collect about you and how we use it, please see our privacy policy. 4. USE OF THE SERVICE You can use the Service to deposit and withdraw cryptocurrency and fiat currency and buy, sell and store cryptocurrency. As we follow relevant anti-money laundering and counter-terrorist financing (hereinafter “AML”) legislation, we apply several AML policies. Such policies include for example Know Your Customer (hereinafter “KYC”) policies, which mean that we require you to provide us specific information about yourself. We can use the identification of the authentication services provided by another third party (e.g. Tupas or equivalent). Depositing fiat currency You can deposit fiat currency in our Service to your fiat balance (hereinafter “Balance”) to buy cryptocurrency. You can deposit fiat currency to your account via SEPA transfer, S-Bank, Sofort or credit card. Depositing fiat currency takes normally between 0-3 weekdays before the deposit shows in your Balance. Before you deposit fiat currency to your Balance, you must perform a deposit notification to us (hereinafter “Payment Notification”) through which you must provide us the correct payment information (hereinafter “Payment Information”). If you do not perform the Payment Notification and provide Payment Information to us before you deposit fiat currency to your Balance, the deposit showing in your Balance will most likely be delayed or unsuccessful. If you transfer fiat currency to us without providing us the Payment Notification and the Payment Information, you must notify us of the matter at once by email (info@coinmotion.com), or otherwise we might not be able perform your deposit and/or refund you the deposit. Depositing cryptocurrency You can deposit cryptocurrency in our Service to your cryptobalance (hereinafter “Cryptobalance”), which is accessible through your Account. You must only deposit cryptocurrency that the Service currently supports. If you deposit cryptocurrencies that the Service does not support, there is a high risk you lose the deposited amount as a whole. We are not liable for any damages that might occur when you deposit cryptocurrencies that the Service does not support to the Service. In case you deposit cryptocurrency that the Service does not support to the Service, you must notify us of the matter at once by email (info@coinmotion.com). Withdrawing fiat currency You can withdraw fiat currency from your Balance to your bank account, e.g. after you receive fiat currency to your Balance from selling cryptocurrency. You are responsible for any possible losses that might occur when you withdraw fiat currency. As the withdrawal of fiat currency from the Service is contingent on several AML matters, you acknowledge and accept that the withdrawals might take several hours or even longer following the withdrawal request or might be denied if we detect severe AML risks in the withdrawal. You accept that we are not liable for any possible damages originating from the duration or the denial of the withdrawals. Withdrawing cryptocurrency You can withdraw cryptocurrencies from your Cryptobalance. You are responsible for any possible losses that might occur when you withdraw cryptocurrencies (e.g. sending cryptocurrency to the wrong address or address or other service provider that does not support cryptocurrencies being sent). As the withdrawal of cryptocurrencies is contingent on several AML matters, you acknowledge and accept that the withdrawals might take several hours or even longer following the withdrawal request or might be denied if we detect severe AML risks in the withdrawal. You accept that we are not liable for any possible damages originating from the duration or the denial of the withdrawals, such as the impairment of investment assets caused by exchange rate fluctuations. Buying cryptocurrency You can buy cryptocurrencies through the Service by paying for them with the fiat money in your Balance. Once you have successfully purchased cryptocurrency, you will receive the bought cryptocurrency to your Cryptobalance. Our Service utilizes different crypto exchanges in order to the provide best possible price for you. Selling cryptocurrency When you sell cryptocurrencies through the Service, you receive fiat money in return to your Balance. The speed of the withdrawal of fiat money to your bank account is contingent on: the amount of fiat money being withdrawn; the AML risks related to the withdrawal; the information you provide us; the duration of our Agreement; the banks own times of processing fiat transactions; and other thereto related matters. When we receive a request to withdraw fiat money as a result from selling cryptocurrencies, we carefully evaluate the AML risks related to the withdrawal. In doing so we use several services aimed at helping us detect AML risks, the expertise of our staff and other related measures. If we detect any AML risks, we deny the withdrawal. If we deny any withdrawal request, we shall contact the person wishing to withdraw fiat money and apply our AML policies in the situation. You acknowledge and approve that the Company bears no responsibility for any direct or indirect damages which may arise from extended duration or the denial of fiat currency withdrawal. Storing cryptocurrency You can store cryptocurrencies through our Service to your Cryptobalance. You can store only those cryptocurrencies that our Service supports. You can also use our vault service, which provides extra security layer, to store your cryptocurrencies. Using the vault costs 1 euros per month regardless of the amount that is being stored. The fee is deducted from the stored funds as cryptocurrency with the current price of the said cryptocurrency. Your responsibility when using the Service You acknowledge and agree that you: (i) are responsible for all direct and indirect costs induced by the use of the Service; (ii) fully comply with this Agreement, other guidelines and instructions provided by us concerning the Service; (iii) can use this Service only in accordance with the law and good practice; (iv) refrain from any actions that result or may result in any AML risks; (v) must provide sufficient identification to us in order to use the Service; (vi) are responsible for the acquisition, functionality and appropriate protection of any equipment, connections and software necessary to use the Service; and (vii) are responsible for any other such matters. Commission paid to us Fiat currency -> cryptocurrency and cryptocurrency -> fiat currency transactions have a 2 % transaction fee. Withdrawing fiat money to your bank account also carries a fixed 0.90 € fee. When depositing money via credit card, the fee is 4 %. The minimum fiat amount the customer can withdraw is 10 euros. Additionally, we can offer great volume discounts for active traders. 5. TERM AND TERMINATION This Agreement will remain in full force and effect while you use the Service or have an Account. You may terminate your Account at any time, for any reason, by following the instructions in “Settings” in the Service. The Company may in its sole discretion terminate or suspend your Account or transaction at any time without notice if the Company believes that you have breached this Agreement. Upon such termination or suspension, you will not be entitled to any refund of unused fees. After your Account is terminated or you have used the Service, this Agreement will terminate, except the following provisions that will still apply: Section 8 and Sections 12-18. 6. ACCOUNT SECURITY Your Account and password are personal and they are not to be handed over or otherwise be made known to a third party. You are responsible for maintaining the confidentiality of your login credentials you use to sign up for Coinmotion or personal data when you use the Service, and you are solely responsible for all activities that occur under those credentials. You agree to immediately notify the Company of any disclosure or unauthorized use of your login credentials or personal data at info@coinmotion.com. 7. YOUR INTERACTIONS WITH OTHER USERS The Company is not responsible for the conduct of any user. As noted in and without limiting Sections 14 and 16 below, in no event shall the Company, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through the Service. 8. PROPRIETARY RIGHTS The Company owns and retains all proprietary rights in the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Service contains the copyrighted material, trademarks, and other proprietary information of the Company and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Service, without first obtaining the prior written consent of the Company. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices. 9. INFORMATION POSTED BY YOU TO US You represent and warrant that all information that you submit upon creation of your Account or the use of the Service is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading or false. You understand and agree that the Company may, but is not obligated to, monitor or review any information you provide us as part of the Service. The Company may delete any information, in whole or in part, that in the sole judgment of the Company violates this Agreement or may harm the reputation of the Service or the Company. Your use of the Service, including all information you post through the Service, must comply with all applicable laws and regulations. You agree that the Company may access, preserve and disclose your account information in accordance with its privacy policy. 10. PROHIBITED ACTIVITIES You shall not use the Service in a harmful way, misleadingly, in a racist way, unfairly, for solicitous purposes, illegally or in any other similar way. The Company reserves the right, in its sole discretion, to investigate and take any legal action against anyone who violates this provision, including removing the offending communication from the Service and terminating or suspending the account of such violators. You are not allowed to use the Service in a country that has banned, denied or in any other way blocked the buying, selling and storing of cryptocurrencies. 11. INTERRUPTED ORDERS In case a customer’s order is against our terms of service or the order is cancelled for other reasons, the customer is asked to provide information for returning the funds. The funds will then be returned after the customer has provided the required information. If the funds due to insufficient information or the nature of the order cannot be returned to the customer and are in possession of Coinmotion for over 90 days, an administration fee will be charged. The fee will be decided as a yearly percentage from the total value of the funds and it is counted as well as reduced each month. The administration fee will be charged from the beginning of December 2018 onward. The fee’s yearly percentage is 9,90% and is counted based on the actual administered days when the order has been cancelled for over 90 days. 12. MODIFICATIONS TO THE SERVICE The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. To protect the integrity of the Service, the Company reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Service. 13. DATA PROTECTION Our privacy policy sets out the principles under which we may use your information. 14. TERMINATION OF THIS AGREEMENT This Agreement will continue to apply until terminated by either you or us as set out below, however, taking into consideration what has been stated in our privacy policy. If you want to terminate your legal agreement with us, you may do so by (a) notifying us at any time or (b) closing your Accounts for all of the Service, which you use, where we have made this option available to you We may at any time, terminate this legal agreement with you if: you have breached any provision of this Agreement, for example provided us with inadequate or false information or acted against any applicable law; we are required to do so by law; we are about to no longer provide the Service to users in the country in which you are resident or from which you use the Service; the provision of the Service to you by us is, in our opinion, no longer commercially viable; or any other related reasons apply. When this Agreement comes to an end, all of the legal rights, obligations and liabilities that you and the Company have benefited from, been subject to (or which have accrued over time whilst the Agreement has been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of Section 17 shall continue to apply to such rights, obligations and liabilities indefinitely. 15. DISCLAIMERS To the maximum extent allowed by applicable law, the Company provides the Service on an “as is” and “as available” basis and grants no warranties of any kind, whether express, implied, statutory or otherwise with respect to the Service (including all content contained herein), including (without limitation) any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement. The Company does not represent or warrant that the Service will be uninterrupted or error free, secure or that any defects or errors in the Service will be corrected. Any material downloaded or otherwise obtained through the use of the Service is accessed at your own discretion and risk, and you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your device, computer system, internet access, download or display device, or loss or corruption of data that results or may result from the download of any such material. From time to time, the Company may make third party opinions, advice, statements, offers, or other third party information or content available through the Service. All third party content is the responsibility of the respective authors of such content. The Company does not: (I) guarantee the accuracy, completeness, or usefulness of any third party content provided through the Service, or (II) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears in the Service. Under no circumstances will the Company or its affiliates be responsible or liable for any loss or damage resulting from your reliance on information or other content posted in the Service, or transmitted to or by any users. Any material downloaded or otherwise obtained through the use of the Service is accessed at your own discretion and risk, and you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your device, computer system, internet access, download or display device, or loss or corruption of data that results or may result from the download of any such material. 16. LINKS The Service may contain, and the Service or third parties may provide, advertisements and promotions offered by third parties and links to other websites or resources. You acknowledge and agree that the Company is not responsible for the availability of such external websites or resources and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources. Your correspondence or business dealings with, or participation in promotions of, third parties found in or through the Service are solely between you and such third party. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource. 17. LIMITATION ON LIABILITY To the fullest extent allowed by applicable law, in no event will the Company, its affiliates, business partners, licensors or service providers be liable to you or any third person nothing but slight negligent liability concerning any indirect, reliance, consequential, exemplary, incidental, special or punitive damages, including without limitation, loss of profits, loss of goodwill, damages for loss, corruption or breaches of data or programs, service interruptions and procurement of substitute services, even if the Company has been advised of the possibility of such damages. In any event, the Company, its affiliates or licensors or other service providers are solely responsible only for their negligence. Notwithstanding anything to the contrary contained herein, the Company’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited only to the extent of slight negligent damage, if any. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations in this Section may not apply to you. 18. GOVERNING LAW AND DISPUTES Your contractual relationship with the Company under this Agreement, shall be governed by and construed and interpreted in accordance with the laws of Finland without regard to its principles and rules on conflict of laws. You and the Company agree to submit to the exclusive jurisdiction of the courts located within the city of Helsinki, Finland to resolve any legal matter arising from this Agreement. Notwithstanding this, you agree that the Company shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. This section does not limit your statutory rights as a user residing in another country than in Finland. 19. INDEMNITY BY YOU You agree to indemnify and hold the Company, its subsidiaries, and affiliates, and its and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), any postings or information you provide to the Service, and the violation of any law or regulation by you. 20. NOTICE The Company may provide you with notices, including those regarding changes to this Agreement, using any reasonable means, which may include email, SMS, MMS, text message or postings in the Service. Such notices may not be received if you violate this Agreement by accessing the Service in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner. 21. RISKS CONCERNING CRYPTOCURRENCIES When we publish statistics or news concerning cryptocurrencies, such information is not investment advice. We do not currently provide any investment advice. You must make the decision of any possible purchase or sale of cryptocurrencies by yourself. We are not in any case liable for any loss originating from market or price fluctuations. We would like to remind you that there is always a high risk when dealing with cryptocurrencies. The risk of losing your invested capital is high. Price of cryptocurrencies may vary greatly in a very short period of time. The rise in the price raises the value of the investments and the fall in price decreases the value of investments. 22. MISCELLANEOUS If there are any discrepancies between the Finnish and the English terms of use, the Finnish version is superior to the English version. Unless otherwise agreed, this Agreement constitutes the whole legal agreement between you and the Company and governs your use of the Service (excluding any services which the Company may provide to you under a separate written agreement), and completely replaces any prior agreements between you and the Company in relation to the Service. You are not allowed to assign this Agreement, transfer it, or sub-license it unless you get the Company’s prior written consent. The Company has the right to assign, transfer, or delegate any of its rights and obligations under this Agreement without your consent. You agree that if the Company does not exercise or enforce any legal right or remedy which is contained in this Agreement (or which the Company has the benefit of under any applicable law), this will not be taken to be a formal waiver of the Company’s rights and that those rights or remedies will still be available to the Company. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this Agreement is invalid, then that provision will be removed from this Agreement without affecting the rest of the terms. The remaining provisions will continue to be valid and enforceable.