CryptoBucks User Agreement
Welcome to CryptoBucks! This is a User Agreement between you (also referred to herein as
“User,” or “customer”) and CryptoBucks Inc. ("CryptoBucks," “we,” “us,” and “our”). This User
Agreement ("Agreement" or “User Agreement”) governs your use of the services provided by
CryptoBucks described below and such other services that may be offered by CryptoBucks from
time to time ("CryptoBucks Services" or "Services"). By signing up to use a CryptoBucks account
or service through cryptobucksapp.com, CryptoBucks’s APIs, the CryptoBucks mobile
application, or any other CryptoBucks website (collectively the " CryptoBucks Site"), you agree
that you have read, understand, and accept all the terms and conditions contained in this
Agreement including our Privacy Policy, Patriot Act, Prohibited Use Policy and E-Sign Disclosure
and Consent Policy in Appendix 2. As used throughout this Agreement, “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.
Amendment of these Terms
We may amend or modify this Agreement at any time by posting
the revised agreement on the CryptoBucks Site and/or providing a copy to you (a “Revised
Agreement”). The Revised Agreement shall be effective as of the time it is posted but will not
apply retroactively. Your continued use of the Services after the posting of a Revised
Agreement constitutes your acceptance of such Revised Agreement. If you do not agree with
any such modification, your sole and exclusive remedy is to terminate your use of the Services
and close your account.
Dispute Resolution
PLEASE BE AWARE THAT SECTION 7 (CUSTOMER FEEDBACK, QUERIES,
COMPLAINTS, AND DISPUTE RESOLUTION) AND APPENDIX 2 OF THIS AGREEMENT, CONTAIN
PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND CryptoBucks.
AMONG OTHER THINGS, APPENDIX 2 INCLUDES AN AGREEMENT TO ARBITRATE WHICH
REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE
RESOLVED BY BINDING AND FINAL ARBITRATION. APPENDIX 2 ALSO CONTAINS A CLASS
ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 7 AND APPENDIX 2 CAREFULLY.
No Investment Advice or Brokerage
For the avoidance of doubt, CryptoBucks does not provide
investment, tax, or legal advice, and you are solely responsible for determining whether any
investment, investment strategy or related transaction is appropriate for you based on your
personal investment objectives, financial circumstances, and risk tolerance. CryptoBucks may
provide educational information about Supported Digital Assets, as well as digital assets not
supported by CryptoBucks, to assist users in learning more about such digital asset. Information
may include, but is not limited to, blog posts, articles, links to third-party content, news feeds,
tutorials, and videos. The information provided on the CryptoBucks Site or any such third-party
sites does not constitute investment advice, financial advice, trading advice, or any other sort of
advice, and you should not treat any of the website's content as such. CryptoBucks does not
recommend that any Digital Asset should be bought, earned, sold, or held by you. CryptoBucks
will not be held responsible for the decisions you make to buy, sell, or hold Digital Assets based
on the information provided by CryptoBucks.
CryptoBucks does not broker trades on your behalf unless otherwise specified on a specific
product. All CryptoBucks trades are executed automatically, based on the parameters of your
order instructions and in accordance with posted trade execution procedures.
Acknowledgement of Risk: As with any asset, the value of Digital Assets can increase or
decrease and there can be a substantial risk that you lose money buying, selling, holding, or
investing in Digital Assets. You should consult your financial advisor, legal or tax professional
regarding your specific situation and financial condition and carefully consider whether trading
or holding Digital Assets is suitable for you.
CryptoBucks is not registered with the U.S. Securities and Exchange Commission and does not
offer securities services in the United States or to U.S. persons. You acknowledge that Digital
Assets are not subject to protections or insurance provided by the Federal Deposit Insurance
Corporation or the Securities Investor Protection Corporation.
1. Account Setup
1.1. Eligibility
To be eligible to use the CryptoBucks Services, you must be at least 18 years old,
and reside in the United States. There are certain features which may or may not be available
to you depending on your location and other criteria.
1.2. Registration of CryptoBucks Account
You must register for a CryptoBucks account to use
the CryptoBucks Services (a " CryptoBucks Account"). You will need to complete certain
verification procedures before you are permitted to use the CryptoBucks Services. By
registering or using a CryptoBucks Account you agree and represent that you have created your
CryptoBucks Account and you will use your CryptoBucks Account only for yourself, and not on
behalf of any third party, unless you have obtained prior written approval from CryptoBucks.
You are fully responsible for all activity that occurs under your CryptoBucks Account. We may,
in our sole discretion, refuse to open a CryptoBucks Account, suspend, or terminate any
CryptoBucks Account, suspend or terminate the sending of Digital Assets from your account, or
suspend or terminate the trading of Digital Assets in your account. Please see Section 6 below
for more information.
1.3. Consent to Access, Processing and Storage of Your Personal Data & Identity Verification
During registration for your CryptoBucks Account, or at any other time deemed necessary by
CryptoBucks, you agree to provide us with the information we request for the purposes of
identity verification, providing CryptoBucks Services to you, and the detection of money
laundering, terrorist financing, fraud, or any other financial crimes and permit us to keep a
record of such information. The information we request may include certain personal
information, including, but not limited to, your name, address, telephone number, e-mail
address, date of birth, taxpayer identification number, government identification, and
information regarding your bank account (such as the name of the bank, the account type,
routing number, and account number) and in some cases (where permitted by law), special
categories of personal data, such as your biometric information. You consent to us accessing,
processing, and retaining any personal information you provide to us for the purpose of us
providing CryptoBucks Services to you. This consent is not related to, and does not affect, any
rights or obligations we or you have in accordance with data protection laws, privacy laws and
regulations. You can withdraw your consent at any time by closing your account with us.
However, we may retain and continue to process your personal information if we reasonably
believe it is necessary to comply with laws or regulations. In providing us with this or any other
information that may be required, you confirm that the information is accurate and authentic.
You agree to keep us updated if any of the information you provide changes. You authorize us
to make inquiries, whether directly or through third parties, that we consider necessary to
verify your identity or protect you and/or us against fraud or other financial crime, and to take
action we reasonably deem necessary based on the results of such inquiries. When we carry out
these inquiries, you acknowledge and agree that your personal information may be disclosed to
credit reference and fraud prevention or financial crime agencies and that these agencies may
respond to our inquiries in full. This is an identity check only and should have no adverse effect
on your credit rating. We always reserve the right to monitor, review, retain and/or disclose
any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal
process or governmental request.
Further, you agree to the Patriot Act; to help the government fight the funding of terrorism and
money laundering activities, federal law requires all financial institutions to obtain, verify, and
record information that identifies each person who opens an account. What this means for you:
When you open an account, we will ask for your name, address, date of birth, and other
information that will allow us to identify you. We may also ask to see your driver's license and
other identifying documents.
CryptoBucks is required to comply with many financial services and consumer protection laws,
including:
The Bank Secrecy Act, which requires CryptoBucks to verify customer identities, maintain
records of currency transactions for up to 5 years, and report certain transactions.
The USA Patriot Act, which requires CryptoBucks to designate a compliance officer to ensure
compliance with all applicable laws, create procedures and controls to ensure compliance,
conduct training, and periodically review the compliance program.
Most states’ money transmission laws and corresponding regulations.
1.4. Access
The CryptoBucks Services can be accessed directly using the CryptoBucks Site.
Access to CryptoBucks Services may become degraded or unavailable during times of significant
volatility or volume. This could result in significant support response time delays. Although we
strive to provide you with excellent service, we do not represent that the CryptoBucks Site or
other CryptoBucks Services will be available without interruption and we do not guarantee that
any order will be executed, accepted, recorded, or remain open. CryptoBucks shall not be liable
for any losses resulting from or arising out of delays in processing transactions, inability to
execute transactions, or lack of timely response from CryptoBucks customer support. For
example, if you are locked out of your CryptoBucks Account, it is possible that the price of the
Digital Assets in your account might go down before your access is restored. CryptoBucks shall
not be liable for any alleged losses that you suffer from a drop in Digital Asset prices.
2. Hosted Wallet and Custodial Services
2.1. Hosted Wallet Services
As part of your CryptoBucks Account, CryptoBucks will provide
qualifying users access to: (i) hosted Digital Asset wallet(s) for holding Digital Assets (“Digital
Asset Wallet”), and (ii) a hosted US Dollars ("USD") wallet for holding USD (a “USD Wallet “).
You may also elect to use other services, such as the CryptoBucks vault (“CryptoBucks Vault”) or
CryptoBucks Wallet (our unhosted wallet service); additional rules associated with such
product(s) and services(s) may apply. Unless otherwise noted, all references to Digital Asset
Wallet include CryptoBucks Vault.
2.2. Hosted Digital Asset Wallet
Your Digital Asset Wallet allows you to store, track, transfer,
and manage your balances of Digital Assets. As used throughout, "Digital Asset" means only
those particular digital assets listed as available to trade or custody in your CryptoBucks
Account (also referred to as “Supported Digital Asset”). Services and supported assets may vary
by jurisdiction. We securely store Digital Asset private keys, which are used to process
transactions, in a combination of online and offline storage. As a result of our security
protocols, it may be necessary for us to retrieve private keys or related information from offline
storage in order to facilitate Digital Asset Transfers in accordance with your instructions, and
you acknowledge that this may delay the initiation or crediting of such Digital Asset Transfers.
2.3. Supported Digital Assets
Your CryptoBucks Account is intended solely for proper use of
Supported Digital Assets as designated on the CryptoBucks Site. Under no circumstances should
you attempt to use your Digital Asset Wallet to store, send, request, or receive any assets other
than Supported Digital Assets. CryptoBucks assumes no responsibility in connection with any
attempt to use your Digital Asset Wallet with digital assets that we do not support. You
acknowledge and agree that CryptoBucks is not liable for any unsupported digital asset that is
sent to a wallet associated with your CryptoBucks Account. CryptoBucks may in its sole
discretion terminate support for any particular Digital Asset. If you do not sell or send such
Digital Asset off platform before CryptoBucks terminates its support for such Digital Asset, then
CryptoBucks may, in its discretion, remove such digital asset from your CryptoBucks Account
and credit your CryptoBucks Account the equivalent market value of a supported Digital Asset
or fiat currency minus transaction costs. If you have any questions about our current list of
Supported Digital Assets, please visit https://cryptobucksapp.com/exchange
2.4. Supplemental Protocols Excluded
Unless otherwise specifically announced on the
CryptoBucks Site, Supported Digital Assets excludes all other protocols and/or functionality
which supplement or interact with the Supported Digital Asset. This exclusion includes but is
not limited to: metacoins, colored coins, side chains, or other derivative, enhanced, or forked
protocols, tokens, or coins or other functionality, such as staking, protocol governance, and/or
any smart contract functionality, which may supplement or interact with a Supported Digital
Asset. Do not use your CryptoBucks Account to attempt to receive, request, send, store, or
engage in any other type of transaction or functionality involving any such protocol as the
CryptoBucks Site is not configured to detect, secure, or process these transactions and
functionality. Any attempted transactions in such items will result in loss of the item. You
acknowledge and agree that supplemental protocols are excluded from Supported Digital
Assets and that CryptoBucks has no liability for any losses related to supplemental protocols.
2.5 Operation of Digital Asset Protocols
CryptoBucks does not own or control the underlying
software protocols which govern the operation of Supported Digital Assets. Generally, the
underlying protocols are open source, and anyone can use, copy, modify, and distribute them.
We assume no responsibility for the operation of the underlying protocols and do not
guarantee the functionality or security of network operations. In particular, the underlying
protocols may be subject to sudden changes in operating rules (including “forks”). Any such
operating changes may materially affect the availability, value, functionality, and/or the name
of the Digital Asset you store in your Digital Asset Wallet. CryptoBucks does not control the
timing and features of these operating changes.
It is your responsibility to make yourself aware of upcoming operating changes and you must
carefully consider publicly available information and information that may be provided by
CryptoBucks in determining whether to continue to use a CryptoBucks Account for the affected
Digital Asset. In the event of any such operational change, CryptoBucks reserves the right to
take such steps as may be necessary to protect the security and safety of assets held on the
CryptoBucks Site, including without limitation, temporarily suspending operations for the
involved digital asset(s); CryptoBucks will endeavor to provide you notice of its response to any
material operating change; however, such changes are outside of CryptoBucks’s control and
may occur without notice to CryptoBucks.
CryptoBucks’s response to any operating change is subject to its sole discretion and may
include deciding not to support any new digital asset, fork, or other actions. You acknowledge
and accept the risks of operating changes to Digital Asset protocols and agree that CryptoBucks
is not responsible for such operating changes and not liable for any loss of value you may
experience as a result of such changes in operating rules. You acknowledge and accept that
CryptoBucks has sole discretion to determine its response to any operating change and that we
have no responsibility to assist you with unsupported currencies or protocols. You further
acknowledge and accept that CryptoBucks has no responsibility to support new digital asset
forks or operating changes for Supported Digital Assets.
2.6. Digital Asset Custody and Title
All Digital Assets held in your Digital Asset Wallet are
custodial assets held by CryptoBucks for your benefit, as described in further detail below.
2.6.1. Ownership
Title to Digital Assets shall at all times remain with you and shall not transfer
to CryptoBucks. As the owner of Digital Assets in your Digital Asset Wallet, you shall bear all risk
of loss of such Digital Assets. CryptoBucks shall have no liability for Digital Asset fluctuations or
loss. None of the Digital Assets in your Digital Asset Wallet are the property of, or shall or may
be loaned to, CryptoBucks; CryptoBucks does not represent or treat assets in User’s Digital
Asset Wallets as belonging to CryptoBucks. CryptoBucks may not grant a security interest in the
Digital Assets held in your Digital Asset Wallet. Except as required by law, or except as provided
herein, CryptoBucks will not sell, transfer, loan, hypothecate, or otherwise alienate Digital
Assets in your Digital Asset Wallet unless instructed by you.
2.6.2. Control
You control the Digital Assets held in your Digital Asset Wallet. At any time,
subject to outages, downtime, and other applicable policies, you may withdraw your Digital
Assets by sending it to a different blockchain address. As long as you continue to custody your
Digital Assets with CryptoBucks, CryptoBucks shall retain control over electronic private keys
associated with blockchain addresses operated by CryptoBucks, including the blockchain
addresses that hold your Digital Assets.
2.6.3. Digital Assets Not Segregated
. In order to more securely custody assets, CryptoBucks
may use shared blockchain addresses, controlled by CryptoBucks, to hold Digital Assets held on
behalf of customers and/or held on behalf of CryptoBucks. Although we maintain separate
ledgers for User accounts and CryptoBucks accounts held by CryptoBucks for its own benefit,
CryptoBucks shall have no obligation to segregate by blockchain address Digital Assets owned
by you from Digital Assets owned by other customers or by CryptoBucks.
2.7. USD Wallet
Your USD Wallet allows you to hold and transfer USD with your CryptoBucks
Account as described in Section 3 below. In general, we will combine the balance of your USD
Wallet with other customers’ balances and either hold those funds in a custodial account at a
U.S. FDIC-insured bank or invest those funds in liquid investments, which may include but are
not limited to U.S. treasuries, in accordance with state money transmitter laws. CryptoBucks
owns the interest or other earnings on these investments. Pooled customer funds are held
apart from CryptoBucks’s corporate funds and CryptoBucks will neither use these funds for its
operating expenses or any other corporate purposes.
2.8. CryptoBucks Vault
You may elect to hold Digital Assets in CryptoBucks Vault. CryptoBucks
Vault allows you to create conditions around transfer of your Digital Assets, which may include
adding third-parties to approve withdrawals (“Approvers”). For the avoidance of doubt, title to
Digital Assets in CryptoBucks Vault shall at all times remain with you, and Approvers shall have
no ownership interest in such Digital Assets.
2.9. USDC Wallets
. You may elect to buy USD Coin (“USDC”) from CryptoBucks, a Digital Asset
issued by Circle Internet Financial (“Circle”) and supported by CryptoBucks. You are the owner
of the balance of your USDC Wallet. CryptoBucks is not the issuer of USDC, does not hold
reserves for USDC, and has no obligation to repurchase your USDC for USD. You can redeem
your USDC with Circle, and CryptoBucks may also elect to repurchase your USDC in exchange
for USD. You agree to be bound by the terms of the Circle USDC User Agreement (located at
https://support.usdc.circle.com/hc/en-us/articles/360001233386-Circle-USDC-User-Agreement
), which provides additional obligations, undertakings, and limitations with respect
to USDC.
3. Payment Services, Purchase & Sale Transactions, and Credit Transactions
3.1. USD Funds
You can load funds into your USD Wallet from a valid bank account via ACH
transfer or wire transfer. Your USD balance is in a pending state and will not be credited to your
USD Wallet until after the bank transfer has cleared, usually within five (5) business days. We
may debit your linked bank account as soon as you initiate payment. The name on your linked
bank account and your wire transfer must match the name verified on your CryptoBucks
Account.
3.2. Transactions on the CryptoBucks Site
When you buy or sell Digital Assets on the
CryptoBucks Site, you are not buying Digital Assets from CryptoBucks or selling Digital Assets to
CryptoBucks. CryptoBucks acts as the agent, transacting on your behalf, to facilitate that
purchase or sale between you and other CryptoBucks customers. You can purchase Digital
Assets using: (i) funds in your USD Wallet; (ii) Digital Assets held in certain Digital Asset Wallets,
as permitted by CryptoBucks; (iii) a valid bank account in the name that matches the name on
your CryptoBucks Account; (iv) a debit or credit card that matches the name on your
CryptoBucks Account; (v) Google Pay; (vi) Apple Pay; (vii) PayPal; or (viii) a CryptoBucks gift card
(each a "Valid Payment Method"). Your purchase must follow the relevant instructions on the
CryptoBucks Site. CryptoBucks reserves the right to cancel any transaction not confirmed by
you within five (5) seconds after CryptoBucks quotes a transaction price. A purchase of Digital
Assets using a Valid Payment Method generally will initiate on the business day we receive your
instructions. Purchased Digital Assets will usually be deposited in your Digital Asset Wallet
instantly and can be exchanged for other Digital Assets. You will be able to sell or send
Purchased Digital Assets as soon as funds have settled to CryptoBucks, which in the case of a
bank account or credit or debit card usually takes up to five (5) business days. You can sell
Digital Assets and instruct CryptoBucks to deposit funds into your CryptoBucks USD Wallet or,
where supported, a Digital Asset Wallet. Digital Asset purchases and sales are collectively
referred to herein as “Digital Asset Transactions”. If CryptoBucks cannot complete your Digital
Asset Transaction for any reason (such as price movement, market latency, inability to find a
counterparty for your transaction, or order size), CryptoBucks will reject the order and notify
you of such rejection. You will not be charged for a rejected transaction.
3.3. Fees
In general, CryptoBucks makes money when you purchase or sell Digital Assets on the
CryptoBucks Site. A description of the way fees are calculated can be found on our Pricing and
Fees Disclosures Page. By using CryptoBucks Services you agree to pay all fees and, if applicable
based on the service, a spread. CryptoBucks reserves the right to adjust its pricing and fees and
any applicable waivers at any time. We notify you of the final price of each transaction,
inclusive of pricing and fees, when you authorize the transaction and in each receipt we issue to
you. We may charge network fees (miner fees) to process a Digital Asset Transaction on your
behalf. We will calculate the network fee at our discretion, and notify you of the network fee at
or before the time you authorize the Digital Asset Transaction. Bank fees charged to
CryptoBucks are netted out of transfers to or from CryptoBucks. You are responsible for paying
any additional fees charged by your financial service provider. We will not process a transfer if
associated bank fees exceed the value of the transfer. You may be required to deposit
additional USD to cover bank fees if you desire to complete such a transfer.
3.4. Recurring Digital Asset Transactions
If you initiate recurring Digital Asset Transactions,
you authorize us to initiate recurring electronic payments in accordance with your selected
Digital Asset Transaction and any corresponding payment accounts, such as recurring
automated clearing house (ACH) debit or credit entries from or to your linked bank account.
This authorization will remain in full force and effect until you change your recurring
transaction settings at https://cryptobucksapp.com/support/, or until you provide us written
notification at https://cryptobucksapp.com/support/. Your recurring transactions will occur in
periodic installments, based on your period selection (e.g., daily, weekly, monthly), until either
you or CryptoBucks cancels the recurring order. Recurring transactions scheduled for the 29th,
30th, or 31st day of a month will be processed the earlier of the date scheduled or on the last
day of the applicable month. For example, recurring transactions scheduled for the 31st will be
processed on the 30th in April, June, September, and November. Your recurring transaction will
be executed within the 24-hour day on the transaction date. Transaction times may vary.
If you select a U.S. Bank Account as your payment method for a recurring transaction, and such
transaction falls on a weekend or holiday, or after bank business hours, the ACH credit or debit
will be executed on the next business day, although the Digital Asset fees at the time of the
regularly-scheduled transaction will apply. If your Bank is unable to process any electronic ACH
debit entry, we will notify you of cancellation of the transaction and may use the remedies set
forth in this User Agreement to recover any amount owed to CryptoBucks. You agree to notify
CryptoBucks of any changes in your linked bank account information prior to a recurring
transaction. CryptoBucks may, at any time, suspend or delay recurring transactions without
notice or terminate recurring transactions by providing notice to you.
3.5. Revocation
When you give us instructions to purchase Digital Assets, you cannot withdraw
your consent to that purchase unless the purchase is not scheduled to occur until a future date
e.g. you set up a recurring purchase of Digital Assets (a "Future Transaction"). In the case of a
Future Transaction, you may withdraw your consent up until the end of the business day before
the date that the Future Transaction is scheduled to take place. To withdraw your consent to a
Future Transaction, you must follow the instructions on the CryptoBucks Site.
3.6. Unauthorized and Incorrect Transactions
When a Digital Asset or USD transaction occurs
using your credentials, we will assume that you authorized such transaction, unless you notify
us otherwise. If you believe you did not authorize a particular transaction or that a transaction
was incorrectly carried out, you must contact us as soon as possible via our help page at
https://cryptobucksapp.com/support/ or by phone at (866) 502-4831 (international call charges
may apply). It is important that you regularly check your USD Wallet and Digital Asset Wallet
balances and your transaction history to ensure you notify us as soon as possible of any
unauthorized or incorrect transactions. Reporting an unauthorized transaction does not
guarantee CryptoBucks will be able to reverse the transaction or reimburse you for the
transaction.
3.7. Account Information
You will be able to see your USD Wallet and Digital Asset Wallet
balances using the CryptoBucks Site. You can also see your transaction history using the
CryptoBucks Site, including (i) the amount (and currency) of each Digital Asset Transaction; (ii) a
reference to the identity of the payer and/or payee (as appropriate); (iii) any fees charged
(excluding any spread, or margin, over the prevailing market rate on CryptoBucks’s trading
platform); (iv) if applicable, the rate of exchange, and the amount (in the new currency) after
exchange (where you are the payer) or the amount (in the original currency) before the
exchange (where you are the payee); and (v) the date of each Digital Asset Transaction.
3.8. Reversals & Cancellations
You cannot cancel, reverse, or change any transaction marked
as complete or pending. If your payment is not successful, if your payment method has
insufficient funds, or if you reverse a payment made from funds in your bank account, you
authorize CryptoBucks, in its sole discretion, either to cancel the transaction or to debit your
other payment methods, including your USD Wallet or Digital Asset Wallet balances or other
linked accounts, in any amount necessary to complete the transaction. You are responsible for
maintaining an adequate balance and/or sufficient credit limits in order to avoid overdraft, non-sufficient funds (NSF), or similar fees charged by your payment provider. We reserve the right
to refuse to process, or to cancel, correct, clawback, or reverse, any Digital Asset Transaction or
Transfers in our sole discretion, even after funds have been debited from your account(s), in
response to a subpoena, court order, or other government order; or if we suspect the
transaction may: involve money laundering, terrorist financing, fraud, or any other type of
financial crime; be erroneous; or relate to a Prohibited Use or a Prohibited Business as set forth
in the Prohibited Use Policy. In such instances, CryptoBucks will reverse the transaction and we
are under no obligation to reinstate a purchase or sale order at the same price or on the same
terms as the canceled transaction.
3.9. Payment Services Partners
CryptoBucks may use a third party payment processor to
process any US Dollar payment between you and CryptoBucks, including but not limited to
payments in relation to your use of the Digital Asset Transactions or deposits or withdrawals
from your USD Wallet or CryptoBucks Account.
4. Digital Asset Transfers
4.1. In General
Your Digital Asset Wallet enables you to send Supported Digital Assets to, and
request, receive, and store Supported Digital Assets from, third parties by giving instructions
through the CryptoBucks Site. Your transfer of Supported Digital Assets between your other
digital asset wallets (including wallets off the CryptoBucks Site) and to and from third parties is
a “Digital Asset Transfer”. We recommend customers send a small amount of Supported Digital
Assets as a test before sending a significant amount of Supported Digital Assets.
4.2. Pending Transactions
Once a Digital Asset Transfer is submitted to a Digital Asset network,
the transaction will be unconfirmed and remain in a pending state for a period of time sufficient
to allow confirmation of the transaction by the Digital Asset network. A Digital Asset Transfer is
not complete while it is in a pending state. Pending Digital Asset Transfers that are initiated
from a CryptoBucks Account will reflect a pending transaction status and are not available to
you for use on the CryptoBucks Site or otherwise while the transaction is pending.
4.3. Inbound Digital Asset Transfers
When you or a third party sends Digital Assets to a
CryptoBucks Wallet from an external wallet not hosted on CryptoBucks (“Inbound Transfers”),
the person initiating the transaction is solely responsible for executing the transaction properly,
which includes ensuring that the Digital Asset being sent is a Supported Digital Asset that
conforms to the particular wallet address to which funds are directed, including any required
Destination Tag/Memo. By initiating an Inbound Transfer, you attest that you are transacting in
a Supported Digital Asset that conforms to the particular wallet address to which funds are
directed. For example:
-
If you select an LiteCoin wallet address to receive funds, you attest that you are
initiating an Inbound Transfer of LiteCoin alone, and not any other digital asset such as
Bitcoin or LiteCoin Classic.
-
If you select a Bitcoin wallet address to receive funds, you attest that you are initiating
an Inbound Transfer of Bitcoin alone, and not any other digital asset such as Bitcoin
Cash or LiteCoin.
CryptoBucks incurs no obligation whatsoever with regard to unsupported digital assets sent to
a CryptoBucks Account or with regard to Supported Digital Asset sent to an incompatible Digital
Asset wallet address. All such erroneously transmitted Digital Assets will be lost. CryptoBucks
may from time to time determine types of Digital Assets that will be supported or cease to be
supported. You acknowledge and agree that you may be required to pay network or miner’s
fees in order for an Inbound Transfer transaction to be successful. Insufficient network fees
may cause an Inbound Transfer to remain in a pending state outside of CryptoBucks’s control,
and we are not responsible for delays or loss incurred as a result of an error in the initiation of
the transaction and have no obligation to assist in the remediation of such transactions.
4.4. Outbound Digital Asset Transfers
When you send Digital Assets from your CryptoBucks
Account to an external wallet (“Outbound Transfers”), such transfers are executed at your
instruction by CryptoBucks. You should verify all transaction information prior to submitting
instructions to us. CryptoBucks shall bear no liability or responsibility in the event you enter an
incorrect blockchain destination address, incorrect Destination Tag/Memo, or if you send your
Digital Assets to an incompatible wallet. We do not guarantee the identity or value received by
a recipient of an Outbound Transfer. Digital Asset Transfers cannot be reversed once they have
been broadcast to the relevant Digital Asset network, although they may be in a pending state,
and designated accordingly, while the transaction is processed by network operators.
CryptoBucks does not control the Digital Asset network and makes no guarantees that a Digital
Asset Transfer will be confirmed by the network. We may cancel or refuse to process any
pending Outbound Digital Asset Transfers as required by law or any court or other authority to
which CryptoBucks is subject in any jurisdiction. Additionally, we may require you to wait some
amount of time after completion of a transaction before permitting you to use further
CryptoBucks Services and/or before permitting you to engage in transactions beyond certain
volume limits.
4.5. Transfers to a Recipient Email Address
CryptoBucks allows you to initiate a Digital Asset
Transfer to a CryptoBucks customer by designating that customer’s email address. If you initiate
a Digital Asset Transfer to an email address, and the recipient does not have an existing
CryptoBucks Account, we will invite the recipient to open a CryptoBucks Account. If the
recipient does not open a CryptoBucks Account within thirty (30) days, we will return the
relevant Digital Asset to your Digital Asset Wallet.
4.6. Debts
In the event that there are outstanding amounts owed to us hereunder, including in
your CryptoBucks Account, CryptoBucks reserves the right to debit your CryptoBucks Account
accordingly and/or to withhold amounts from funds you may transfer between your
CryptoBucks Accounts.
5. Data Protection and Security
5.1. Personal Data
You acknowledge that we may process personal data in relation to you (if
you are an individual), and personal data that you have provided or in the future provide to us
in relation to your employees and other associated individuals, in connection with this
Agreement, or the CryptoBucks Services. Accordingly, you represent and warrant that: (i) your
disclosure to us of any personal data relating to individuals other than yourself was or will be
made in accordance with all applicable data protection and data privacy laws, and such data are
accurate, up to date and relevant when disclosed; (ii) before providing any such personal data
to us, you have read and understood our Privacy Policy, and, in the case of personal data
relating to an individual other than yourself, have (or will at the time of disclosure have)
provided a copy of that Privacy Policy (as amended from time to time), to that individual; and
(iii) if from time to time we provide you with a replacement version of the Privacy Policy, you
will promptly read that notice and provide a copy to any individual whose personal data you
have provided to us.
5.2. Security Breach
If you suspect that your CryptoBucks Account or any of your security
details have been compromised or if you become aware of any fraud or attempted fraud or any
other security incident (including a cyber-security attack) affecting you and/or CryptoBucks
(collectively a "Security Breach"), you must notify CryptoBucks Support immediately at
https://cryptobucksapp.com/support/ or (866) 502-4831 and provide accurate and up to date
information throughout the duration of the Security Breach. You must take any steps that we
reasonably require to reduce or manage any Security Breach. Prompt reporting of a Security
Breach does not guarantee that CryptoBucks will reimburse you for any losses suffered or be
liable to you for any losses suffered as a result of the Security Breach.
5.3. Computer Viruses
We shall not bear any liability, whatsoever, for any damage or
interruptions caused by any computer viruses or other malicious code that may affect your
computer or other equipment, or any phishing, spoofing or other attack. We advise the regular
use of a reputable and readily available virus screening and prevention software. You should
also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and
should use care in reviewing messages purporting to originate from CryptoBucks. Always log
into your CryptoBucks Account(s) through the CryptoBucks Site to review any transactions or
required actions if you have any uncertainty regarding the authenticity of any communication
or notice.
6. General Obligations, Taxes, Designating a Fiduciary and Termination
6.1. Limited License
All content included in or made available through the CryptoBucks
Services, CryptoBucks Site or any related content, materials and information such as text,
graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and
software (collectively, the “Content”) is the property of CryptoBucks or its affiliates or its
content providers and protected by United States and international copyright laws. We grant
you a limited, nonexclusive, nontransferable license, subject to the terms of this Agreement, to
access and use the CryptoBucks Services, CryptoBucks Site, and Content solely for purposes
approved by CryptoBucks from time to time. Any other use of the CryptoBucks Services,
CryptoBucks Site or Content is expressly prohibited and all other right, title, and interest in the
CryptoBucks Services, CryptoBucks Site or Content is exclusively the property of CryptoBucks
and its licensors. You agree you will not copy, transmit, distribute, sell, license, reverse
engineer, modify, publish, or participate in the transfer or sale of, create derivative works from,
or in any other way exploit any of the Content, in whole or in part without the prior written
consent of CryptoBucks.
"CryptoBucksapp.com"
, and the following non-exhaustive list, including CryptoBucks,
CryptoBucks Logo, C Logo, CryptoBucks EXCHANGE, and without limitation, any graphics, logos,
button icons, and service names included in or made available through any Content, and all
logos related to the CryptoBucks Services or displayed on the CryptoBucks Site are either
trademarks or trade dress of CryptoBucks or its licensors in the United States and other
countries. You may not copy, imitate or use them without CryptoBucks 's prior written consent
for any purpose, including without limitation, in: connection with any product or service that is
not authorized by CryptoBucks; any manner that is likely to cause confusion among customers;
or a way that disparages or discredits CryptoBucks.
6.2. Website Accuracy
Although we intend to provide accurate and timely information on the
CryptoBucks Site, the CryptoBucks Site (including, without limitation, the Content) may not
always be entirely accurate, complete or current and may also include technical inaccuracies or
typographical errors. In an effort to continue to provide you with as complete and accurate
information as possible, information may be changed or updated from time to time without
notice, including without limitation information regarding our policies, products and services.
Accordingly, you should verify all information before relying on it, and all decisions based on
information contained on the CryptoBucks Site are your sole responsibility and we shall have no
liability for such decisions. Information provided by third parties, including historical price and
supply data for Digital Assets, is for informational purposes only and CryptoBucks makes no
representations or warranties to its accuracy. Links to third-party materials (including without
limitation websites) may be provided as a convenience but are not controlled by us. You
acknowledge and agree that we are not responsible for any aspect of the information, content,
or services contained in any third-party materials or on any third-party sites accessible or linked
to the CryptoBucks Site.
6.3. Third-Party Applications
If, to the extent permitted by CryptoBucks from time to time, you
grant express permission to a third party to access or connect to your CryptoBucks Account(s),
either through the third party's product or service or through the CryptoBucks Site, 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 this Agreement. You are fully
responsible for all acts or omissions of any third party with access to your CryptoBucks
Account(s). Further, you acknowledge and agree that you will not hold CryptoBucks responsible
for, and will indemnify CryptoBucks from, any liability arising out of or related to any act or
omission of any third party with access to your CryptoBucks Account(s). You may change or
remove permissions granted by you to third parties with respect to your CryptoBucks
Account(s) at any time through the tabs on the Account Settings page on the CryptoBucks Site.
6.4. Transaction Limits. The use of all CryptoBucks Services may be subject to a limit on the
amount of volume, stated in U.S. Dollar terms, you may transact or transfer in a given period
(e.g., daily). To view your limits, login to your CryptoBucks Account(s) and visit
https://cryptobucksapp.com/support/. Your transaction limits may vary depending on your
payment method, verification steps you have completed, and other factors. If you wish to raise
your limits beyond the posted amounts, you may submit a request at
https://cryptobucksapp.com/support/. CryptoBucks reserves the right to change applicable
limits, and to refuse to raise your limits, as we deem necessary in our sole discretion.
6.5. Unclaimed Property
If CryptoBucks is holding funds (whether fiat currency or Digital
Assets) in your account, and has no record of you accessing the Services for several years and is
unable to contact you, applicable law may require CryptoBucks to deliver any such funds to the
applicable state or jurisdiction as unclaimed property.
6.6. Password Security; Contact Information
You are responsible for creating a strong
password and maintaining security and control of any and all electronic devices, IDs, passwords,
hints, personal identification numbers (PINs), API keys or any other codes that you use to access
the CryptoBucks Services. Any loss or compromise of the foregoing information and/or your
personal information may result in unauthorized access to your CryptoBucks Account(s) by third
parties and the loss or theft of any Digital Assets and/or funds held in your CryptoBucks
Account(s) and any associated accounts, including your linked bank account(s) and credit
card(s). You are responsible for keeping your email address and telephone number up to date
in your Account Profile in order to receive any notices or alerts that we may send you. You
should never allow remote access or share your computer and/or computer screen with
someone else when you are logged on to your CryptoBucks Account. CryptoBucks will never
under any circumstances ask you for your passwords or 2-factor authentication codes. We
assume no responsibility for any loss that you may sustain due to compromise of account login
credentials due to no fault of CryptoBucks. We further assume no responsibility for your failure
to follow or act on any notices or alerts that we may send to you. In the event you believe your
CryptoBucks Account(s) information has been compromised, contact CryptoBucks Support
immediately at https://cryptobucksapp.com/support/ or (866) 502-4831 .
6.7. Taxes
The tax treatment of Digital Asset transactions is uncertain, and it is your
responsibility to determine what taxes, if any, arise from transactions using CryptoBucks
Services under this Agreement. Users are solely responsible for reporting and paying any
applicable taxes arising from transactions using CryptoBucks Services, and acknowledge that
CryptoBucks does not provide investment, legal, or tax advice governing these transactions.
You understand that CryptoBucks shall report information with respect to your transactions,
payments, transfers, or distributions made by or to you with respect to your activities using
CryptoBucks Services to a tax or governmental authority to the extent such reporting is
required by applicable law. CryptoBucks also shall withhold taxes applicable to your
transactions or to payments or distributions made or deemed made to you to the extent such
withholding is required by applicable law. From time to time, CryptoBucks shall ask you for tax
documentation or certification of your taxpayer status as required by applicable law, and any
failure by you to comply with this request in the time frame identified may result in withholding
and/or remission of taxes to a tax authority as required by applicable law. You should conduct
your own due diligence and consult your own tax advisors before making any decisions with
respect to Digital Asset transactions.
6.8. Designating a Fiduciary
For security reasons, if we receive legal documentation confirming
your death or other information leading us to believe you have died, we will freeze your
CryptoBucks Account and during this time, no transactions may be completed until: (i) your
designated fiduciary has opened a new CryptoBucks Account, as further described below, and
the entirety of your CryptoBucks Account has been transferred to such new account; or (ii) we
have received proof in a form satisfactory to us that you have not died. If we have reason to
believe you may have died but we do not have proof of your death in a form satisfactory to us,
you authorize us to make inquiries, whether directly or through third parties, that we consider
necessary to ascertain whether you have died. Upon receipt by us of proof satisfactory to us
that you have died, your designated fiduciary will be required to open a new CryptoBucks
Account in order to gain access to the contents of your CryptoBucks Account. If you have not
designated a fiduciary, then we reserve the right to (i) treat as your fiduciary any person
entitled to inherit your CryptoBucks Account, as determined by us upon receipt and review of
the documentation we, in our sole discretion, deem necessary or appropriate, including (but
not limited to) a will, a living trust or a small estate affidavit; or (ii) require an order designating
a fiduciary from a court having competent jurisdiction over your estate. In the event we
determine, in our sole discretion, that there is uncertainty regarding the validity of the fiduciary
designation, we reserve the right to require an order resolving such issue from a court of
competent jurisdiction before taking any action relating to your CryptoBucks Account.
6.9. Suspension, Termination, and Cancellation
CryptoBucks may suspend, restrict, or
terminate your access to any or all of the CryptoBucks Services, and/or deactivate or cancel
your CryptoBucks Account(s), with immediate effect for any reason at its sole discretion and is
under no obligation to disclose the details of its decision to take such action with you. You
acknowledge that CryptoBucks's decision to take certain actions, including limiting access to,
suspending, or closing your account for any reason in our sole discretion, may be based on
confidential criteria that are essential to CryptoBucks's risk management and security protocols.
You agree that CryptoBucks is under no obligation to disclose the details of its risk management
and security procedures to you.
You will be permitted to transfer Digital Assets or funds associated with your hosted Digital
Asset Wallet(s) and/or your USD Wallet(s) for ninety (90) days after Account deactivation or
cancellation unless such transfer is otherwise prohibited (i) under applicable law, including but
not limited to applicable sanctions programs; or (ii) by a facially valid subpoena or court order.
You may cancel your CryptoBucks Account(s) at any time by visiting
https://cryptobucksapp.com/support/ . You will not be charged for canceling your CryptoBucks
Account(s), although you will be required to pay any outstanding amounts owed to
CryptoBucks. You authorize us to cancel or suspend any pending transactions at the time of
cancellation.
CryptoBucks may discontinue or change any product, service, or feature, in its sole discretion,
at any time. You agree that we may transfer you to a product or service that is reasonably
similar to the discontinued or changed product or service, to the extent such product or service
exists. We will provide you with prior notice of material changes, discontinuation, or the
transfer related to a product, service, or feature, to the extent required or applicable.
7. Customer Feedback, Queries, Complaints, and Dispute Resolution
7.1. Contact CryptoBucks
If you have feedback, or general questions, contact us via our
Customer Support webpage at https://cryptobucksapp.com/support/. CryptoBucks requires that
all legal documents (including civil subpoenas, complaints, and small claims) be served on our
registered agent for service of process. Current contact information for our registered agent in
each state can be found here.
Please note that our registered agent will accept service only if the entity identified as the
recipient of the document identically matches the name of the entity registered with the
Secretary of State and for which our registered agent is authorized to accept service
(CryptoBucks, Inc.). By accepting service of a legal document, CryptoBucks does not waive any
objections we may have and may raise in response to such document.
7.2. Formal Complaint Process
If you have a complaint with CryptoBucks, you agree to first
contact CryptoBucks through our support team to attempt to resolve any such dispute
amicably. If we cannot resolve the dispute through CryptoBucks Support, you agree to use the
Formal Complaint Process set forth below before filing any arbitration claim or small claims
action as described further in Appendix 2 below. You must complete the Formal Complaint
Process before filing any arbitration or small claims action. If you do not complete it, then you
agree that your claim or action must be dismissed from arbitration or small claims court.
7.2.1. Procedural Steps
In the event that the dispute is not resolved through your contact with
CryptoBucks Support, you agree to use our complaint form to describe your dispute, how you
would like us to resolve the complaint, and any other relevant information. The complaint form
can be found here for CryptoBucks or can be requested from CryptoBucks Customer Support. If
you prefer to send a written complaint via mail, please include as much information as possible
in describing your complaint and how you would like us to resolve the complaint, including your
support case number and any other relevant information to CryptoBucks Inc., 2805 East
Oakland Park Boulevard, #237, Fort Lauderdale, Florida 33306. We will acknowledge receipt of
your complaint form after you submit it. A CryptoBucks customer relations agent will review
and evaluate your complaint based on the information you have provided and information in
the possession of CryptoBucks. The Formal Complaint Process is completed when CryptoBucks
responds to your complaint or forty-five (45) business days after the date we receive your
complaint, whichever occurs first.
7.3. Arbitration
You agree to be bound by the Arbitration Agreement in Appendix 2 to this
Agreement.
8. Liabilities & Indemnification
8.1. Release of CryptoBucks; Indemnification
If you have a dispute with one or more users of
the CryptoBucks Services, you release CryptoBucks, its affiliates and service providers, and each
of their respective officers, directors, agents, joint venturers, employees and representatives
from any and all claims, demands and damages (actual and consequential) of every kind and
nature arising out of or in any way connected with such disputes. You agree to indemnify and
hold CryptoBucks, its affiliates and service providers, and each of its or their respective officers,
directors, agents, joint venturers, employees and representatives, harmless from any claim or
demand (including attorneys' fees and any fines, fees or penalties imposed by any regulatory
authority) arising out of or related to your breach of this Agreement or your violation of any
law, rule or regulation, or the rights of any third party.
8.2. Limitation of Liability; No Warranty
IN NO EVENT SHALL CRYPTOBUCKS, ITS AFFILIATES
AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT
VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE (I) FOR ANY AMOUNT GREATER
THAN THE VALUE OF THE SUPPORTED DIGITAL ASSETS ON DEPOSIT IN YOUR CRYPTOBUCKS
ACCOUNT(S) AT THE TIME OF THE EVENT OR CIRCUMSTANCE GIVING RISE TO YOUR CLAIM OR
(II) FOR ANY LOST PROFITS, LOSS OF GOODWILL OR REPUTATION, LOSS OF DATA, DIMINUTION
IN VALUE OR BUSINESS OPPORTUNITY, ANY LOSS, DAMAGE, CORRUPTION OR BREACH OF DATA
OR ANY OTHER INTANGIBLE PROPERTY OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE,
OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH ANY USE OF THE
CRYPTOBUCKS SITE OR THE CRYPTOBUCKS SERVICES, OR THIS AGREEMENT, EVEN IF
CRYPTOBUCKS HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY
OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER
REMEDY OF ITS ESSENTIAL PURPOSE, EXCEPT TO THE EXTENT OF A FINAL JUDICIAL
DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF CRYPTOBUCKS’S GROSS
NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW. THIS
MEANS, BY WAY OF EXAMPLE ONLY (AND WITHOUT LIMITING THE SCOPE OF THE PRECEDING
SENTENCE), THAT IF YOU CLAIM THAT CRYPTOBUCKS FAILED TO PROCESS A BUY OR SELL
TRANSACTION PROPERLY, YOUR DAMAGES ARE LIMITED TO NO MORE THAN THE LESSER OF
THE VALUE OF THE SUPPORTED DIGITAL ASSETS AT ISSUE IN THE TRANSACTION OR THE TOTAL
VALUE OF THE SUPPORTED DIGITAL ASSETS ON DEPOSIT IN YOUR CRYPTOBUCKS ACCOUNT(S),
AND THAT YOU MAY NOT RECOVER FOR LOST PROFITS, LOST BUSINESS OPPORTUNITIES,
DIMINUTION IN VALUE OR OTHER TYPES OF SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE,
EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE CRYPTOBUCKS SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS
WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CRYPTOBUCKS SPECIFICALLY
DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. CRYPTOBUCKS DOES NOT MAKE ANY
REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE CRYPTOBUCKS SITE, ANY PART OF
THE CRYPTOBUCKS SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE
CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE. CRYPTOBUCKS DOES NOT
GUARANTEE THAT ANY ORDER WILL BE EXECUTED, ACCEPTED, RECORDED OR REMAIN OPEN.
EXCEPT FOR THE EXPRESS STATEMENTS SET FORTH IN THIS AGREEMENT, YOU HEREBY
ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR
UNDERSTANDING, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF
THE CRYPTOBUCKS SERVICES AND CRYPTOBUCKS SITE. WITHOUT LIMITING THE FOREGOING,
YOU HEREBY UNDERSTAND AND AGREE THAT CRYPTOBUCKS WILL NOT BE LIABLE FOR ANY
LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO: (I) ANY INACCURACY, DEFECT OR
OMISSION OF DIGITAL ASSET PRICE DATA, OR ANY ERROR, DELAY OR INTERRUPTION IN THE
TRANSMISSION OF SUCH DATA; (II) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY
ACCESSING OUR WEBSITES, SOFTWARE, SYSTEMS OPERATED BY US OR ON OUR BEHALF OR
ANY OF THE CRYPTOBUCKS SERVICES OR ANY WEBSITE OR SERVICE LINKED TO OUR WEBSITE;
(III) GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN OUR WEBSITES, SOFTWARE,
SYSTEMS OPERATED BY US OR ON OUR BEHALF OR ANY OF THE CRYPTOBUCKS SERVICES; OR
(IV) A SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR CRYPTOBUCKS
ACCOUNT.
CryptoBucks will make reasonable efforts to ensure that requests for electronic debits and
credits involving bank accounts, credit cards, and check issuances are processed in a timely
manner but CryptoBucks makes no representations or warranties regarding the amount of time
needed to complete processing which is dependent upon many factors outside of our control.
IF YOU ARE A NEW JERSEY RESIDENT, the provisions of this Section 8.2 are intended to apply
only to the extent permitted under New Jersey law.
The foregoing limitations of damages, liability and no warranty provisions set forth above in this
Section 8.2 are fundamental elements of the basis of the bargain between CryptoBucks and
you.
9. General Provisions
9.1. Entire Agreement
This Agreement, the Privacy Policy, E-Sign Disclosure and Consent
Policy, Prohibited Use Policy, and Appendices incorporated by reference herein comprise the
entire understanding and agreement between you and CryptoBucks as to the subject matter
hereof, and supersedes any and all prior discussions, agreements and understandings of any
kind (including without limitation any prior versions of this Agreement), between you and
CryptoBucks. Section headings in this Agreement are for convenience only and shall not govern
the meaning or interpretation of any provision of this Agreement.
9.2. Assignment
We reserve the right to assign our rights without restriction, including without
limitation to any CryptoBucks affiliates or subsidiaries, or to any successor in interest of any
business associated with the CryptoBucks Services. In the event that CryptoBucks is acquired by
or merged with a third party entity, we reserve the right, in any of these circumstances, to
transfer or assign the information we have collected from you as part of such merger,
acquisition, sale, or other change of control. You may not assign any rights and/or licenses
granted under this Agreement. Any attempted transfer or assignment by you in violation hereof
shall be null and void. Subject to the foregoing, this Agreement will bind and inure to the
benefit of the parties, their successors and permitted assigns.
9.3. Severability
If any provision of this Agreement shall be determined to be invalid or
unenforceable under any rule, law, or regulation of any local, state, or federal government
agency, such provision will be changed and interpreted to accomplish the objectives of the
provision to the greatest extent possible under any applicable law and the validity or
enforceability of any other provision of this Agreement shall not be affected.
9.4. Survival
All provisions of this Agreement which by their nature extend beyond the
expiration or termination of this Agreement, including, without limitation, sections pertaining
to suspension or termination, CryptoBucks Account cancellation, debts owed to CryptoBucks,
general use of the CryptoBucks Site, disputes with CryptoBucks, and general provisions, shall
survive the termination or expiration of this Agreement.
9.5. Governing Law
You agree that the laws of the State of Florida, without regard to principles
of conflict of laws, will govern this Agreement and any Dispute, except to the extent governed
by federal law.
9.6. Force Majeure
We shall not be liable for delays, failure in performance or interruption of
service which result directly or indirectly from any cause or condition beyond our reasonable
control, including but not limited to, significant market volatility, act of God, act of civil or
military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire,
interruption in telecommunications or Internet services or network provider services, failure of
equipment and/or software, pandemic, other catastrophe or any other occurrence which is
beyond our reasonable control and shall not affect the validity and enforceability of any
remaining provisions.
9.7. Non-Waiver of Rights
This Agreement shall not be construed to waive rights that cannot
be waived under applicable laws, including applicable state money transmission laws in the
state where you are located. In addition, our failure to insist upon or enforce strict performance
by you of any provision of this Agreement or to exercise any right under this Agreement will not
be construed as a waiver or relinquishment to any extent of our right to assert or rely upon any
such provision or right in that or any other instance.
9.8. Relationship of the Parties
CryptoBucks is an independent contractor for all purposes.
Nothing in this Agreement is intended to or shall operate to create a partnership or joint
venture between you and CryptoBucks, or authorize you to act as agent of CryptoBucks.
APPENDIX 1: Verification Procedures and Limits
As a regulated financial service company operating in the US we are required to identify users
on our platform. This ensures we remain in compliance with KYC/AML laws in the jurisdictions
in which we operate, something that is necessary for us to be able to continue to offer digital
asset exchange services to our customers. CryptoBucks collects and verifies information about
you in order to: (i) protect CryptoBucks and the community from fraudulent users; and (ii) to
keep appropriate records of CryptoBucks's customers. Your daily or weekly Conversion limits,
CryptoBucks deposit, withdrawal and trading limits, Instant Buy limits, USD Wallet transfer
limits, and limits on transactions from a linked payment method are based on the identifying
information and/or proof of identity you provide to CryptoBucks.
All U.S. customers who wish to use CryptoBucks Services are required to establish a
CryptoBucks Account by:
-
Providing your name and valid email address, a password, and your state of residence.
-
Certifying that you are 18 years or older.
-
Accepting User Agreement and Privacy Policy; and
- Verifying your identity by submitting the following information:
-
- Name
- DOB
- Physical address
- SSN (or ID # from gov’t issued ID)
- Source of funds
- Income/employment information (US only)
- Explanation of activity (US only)
All U.S. customers who wish to send and receive Digital Assets on to the blockchain are
required to:
-
Notwithstanding these minimum verification procedures for the referenced CryptoBucks
Services, CryptoBucks may require you to provide or verify additional information, or to wait
some amount of time after completion of a transaction, before permitting you to use any
CryptoBucks Services and/or before permitting you to engage in transactions beyond certain
volume limits. You may determine the volume limits associated with your level of identity
verification by visiting your account's Limits page.
-
You may contact us at https://cryptobucksapp.com/support/ to request larger limits.
CryptoBucks will require you to submit to Enhanced Due Diligence. Additional fees and costs
may apply, and CryptoBucks does not guarantee that we will raise your limits.
APPENDIX 2: E-Sign Disclosure and Consent
This policy describes how CryptoBucks delivers communications to you electronically. We may
amend this policy at any time by providing a revised version on our website. The revised version
will be effective at the time we post it. We will provide you with prior notice of any material
changes via our website.
Electronic Delivery of Communications
You agree and consent to receive electronically all communications, agreements, documents,
notices and disclosures (collectively, "Communications") that we provide in connection with
your CryptoBucks Account(s) and your use of CryptoBucks Services. Communications include:
-
Terms of use and policies you agree to (e.g., the CryptoBucks User Agreement and
Privacy Policy), including updates to these agreements or policies;
-
Account details, history, transaction receipts, confirmations, and any other Account or
transaction information;
-
Legal, regulatory, and tax disclosures or statements we may be required to make
available to you; and
-
Responses to claims or customer support inquiries filed in connection with your
Account.
We will provide these Communications to you by posting them on the CryptoBucks Site,
emailing them to you at the primary email address listed in your CryptoBucks profile,
communicating to you via instant chat, and/or through other electronic communication such as
text message or mobile push notification.
Hardware and Software Requirements
In order to access and retain electronic Communications, you will need the following computer
hardware and software:
-
A device with an Internet connection;
-
A current web browser that includes 128-bit encryption (e.g. Internet Explorer version
9.0 and above, Firefox version 3.6 and above, Chrome version 31.0 and above, or
Safari 7.0 and above) with cookies enabled;
-
A valid email address (your primary email address on file with CryptoBucks); and
-
Sufficient storage space to save past Communications or an installed printer to print
them.
How to Withdraw Your Consent
You may withdraw your consent to receive Communications electronically by contacting us at
https://cryptobucksapp.com/support/ . If you fail to provide or if you withdraw your consent to
receive Communications electronically, CryptoBucks reserves the right to immediately close
your Account or charge you additional fees for paper copies.
Updating your Information
It is your responsibility to provide us with a true, accurate and complete e-mail address and
your contact information, and to keep such information up to date. You understand and agree
that if CryptoBucks sends you an electronic Communication but you do not receive it because
your primary email address on file is incorrect, out of date, blocked by your service provider, or
you are otherwise unable to receive electronic Communications, CryptoBucks will be deemed
to have provided the Communication to you.
You may update your information by logging into your account and visiting settings or by
contacting our support team at https://cryptobucksapp.com/support/ .
APPENDIX 3: State License Disclosures
APPENDIX 3: State License Disclosures
1.1. Applicability of Arbitration Agreement
Subject to the terms of this Arbitration
Agreement, you and CryptoBucks 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 CryptoBucks Site, any
Communications you receive, any products sold or distributed through the CryptoBucks Site,
the Services, or the User Agreement and prior versions of the User Agreement, 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
CryptoBucks may assert claims or seek relief in small claims court if such claims qualify and
remain in small claims court; and (2) you or CryptoBucks 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). For purposes of this Arbitration
Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the
existence of this or any prior versions of the User Agreement as well as claims that may arise
after the termination of this User Agreement.
1.2. Waiver of Jury Trial
YOU AND CRYPTOBUCKS 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 CryptoBucks are instead electing that all Disputes shall be resolved by arbitration
under this Arbitration Agreement, except as specified in the subsection entitled “Applicability of
Arbitration Agreement” above. There is no judge or jury in arbitration, and court review of an
arbitration award is subject to very limited review.
1.3. Waiver of Class and Other Non-Individualized Relief
YOU AND CRYPTOBUCKS AGREE
THAT, EXCEPT AS SPECIFIED IN SUBSECTION 1.8, 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 this Arbitration
Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the
individual party seeking relief and only to the extent necessary to provide relief warranted by
the party's individual claim. Nothing in this paragraph is intended to, nor shall it, affect the
terms and conditions under the subsection 1.8 entitled “Batch Arbitration.” Notwithstanding
anything to the contrary in this Arbitration Agreement, if a court decides by means of a final
decision, not subject to any further appeal or recourse, that the limitations of this subsection,
“Waiver of Class and Other Non-Individualized Relief,” are invalid or unenforceable as to a
particular claim or request for relief (such as a request for public injunctive relief), you and
CryptoBucks 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 Florida. All other Disputes shall be arbitrated or litigated in
small claims court. This subsection does not prevent you or CryptoBucks from participating in a
class-wide settlement of claims.
1.4. Rules and Forum
The User Agreement evidences a transaction involving interstate
commerce; and notwithstanding any other provision herein with respect to the applicable
substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation
and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Formal
Complaint Process described in Section 7.2 above does not resolve satisfactorily within forty-five (45) business days after receipt of your complaint form, you and CryptoBucks agree that
either party shall have the right to finally resolve the Dispute through binding arbitration. The
arbitration will be administered by the American Arbitration Association (“AAA”), in accordance
with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this
section of this Arbitration Agreement. The AAA Rules are currently available at
https://www.adr.org/sites/default/files/Consumer%20Rules.pdf.
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 CryptoBucks a copy
of your Request by email at customersupport@CryptoBucksapp.com or through CryptoBucks’s
registered agent for service of process. 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 CryptoBucks 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 as
described above in Section 7.2 (if you are the party making the Request); 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
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
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
You and CryptoBucks 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.
1.5. Arbitrator
The arbitrator will be either a retired judge or an attorney licensed to
practice law in the state of Florida and will be selected by the parties from the AAA's roster of
consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) business days of delivery of the Request, then the AAA will appoint the arbitrator in
accordance with the AAA Rules, provided that if the Batch Arbitration process under subsection
1.8 is triggered, the AAA will appoint the arbitrator for each batch.
1.6. Authority of Arbitrator
The arbitrator shall have exclusive authority to resolve any
Dispute, including, without limitation, disputes arising out of or related to the interpretation or
application of the Arbitration Agreement, including the enforceability, revocability, scope, or
validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for
the following: (1) all Disputes arising out of or relating to the Section entitled “Waiver of Class
and Other Non-Individualized Relief,” including any claim that all or part of the Section entitled
“Waiver of Class and Other Non-Individualized Relief” is unenforceable, illegal, void or voidable,
or that such Section entitled “Waiver of Class and Other Non-Individualized Relief” has been
breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2)
except as expressly contemplated in the subsection entitled “Batch Arbitration,” all Disputes
about the payment of arbitration fees shall be decided only by a court of competent jurisdiction
and not by an arbitrator; (3) all Disputes about whether either party has satisfied any condition
precedent to arbitration shall be decided only by a court of competent jurisdiction and not by
an arbitrator; and (4) all Disputes about which version of the Arbitration Agreement applies
shall be decided only by a court of competent jurisdiction and not by an arbitrator. The
arbitration proceeding will not be consolidated with any other matters or joined with any other
cases or parties, except as expressly provided in the subsection entitled “Batch Arbitration.”
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. Judgment 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 this User Agreement.
1.7. Attorneys’ Fees and Costs
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 (as measured by
the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or CryptoBucks 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. The prevailing party in any court action
relating to whether either party has satisfied any condition precedent to arbitration, including
the Formal Complaint Process, is entitled to recover their reasonable costs, necessary
disbursements, and reasonable attorneys’ fees and costs.
1.8. Batch Arbitration
To increase the efficiency of administration and resolution of
arbitrations, you and CryptoBucks agree that in the event that there are one hundred (100) or
more individual Requests of a substantially similar nature filed against CryptoBucks by or with
the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day
period (or as soon as possible thereafter), the AAA shall (1) administer the arbitration demands
in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left
over after the batching described above, a final batch consisting of the remaining Requests); (2)
appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a
single consolidated arbitration with one set of filing and administrative fees due per side per
batch, one procedural calendar, one hearing (if any) in a place to be determined by the
arbitrator, and one final award (“Batch Arbitration”)
All parties agree that Requests are of a “substantially similar nature” if they arise out of or
relate to the same event or factual scenario and raise the same or similar legal issues and seek
the same or similar relief. To the extent the parties disagree on the application of the Batch
Arbitration process, the disagreeing party shall advise the AAA, and the AAA shall appoint a sole
standing arbitrator to determine the applicability of the Batch Arbitration process
(“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the
Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such
procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s
fees shall be paid by CryptoBucks.
You and CryptoBucks agree to cooperate in good faith with the AAA to implement the Batch
Arbitration process including the payment of single filing and administrative fees for batches of
Requests, as well as any steps to minimize the time and costs of arbitration, which may include:
(1) the appointment of a discovery special master to assist the arbitrator in the resolution of
discovery disputes; and (2) the adoption of an expedited calendar of the arbitration
proceedings.
You and CryptoBucks agree to cooperate in good faith with the AAA to implement the Batch
Arbitration process including the payment of single filing and administrative fees for batches of
Requests, as well as any steps to minimize the time and costs of arbitration, which may include:
(1) the appointment of a discovery special master to assist the arbitrator in the resolution of
discovery disputes; and (2) the adoption of an expedited calendar of the arbitration
proceedings.
1.9. Modification
Notwithstanding any provision in this User Agreement to the contrary, we
agree that if CryptoBucks makes any future material change to this Arbitration Agreement, it
will notify you. Your continued use of the CryptoBucks Site and/or Services, including the
acceptance of products and services offered on the CryptoBucks Site following the posting of
changes to this Arbitration Agreement constitutes your acceptance of any such changes.