1. How to read this agreement?

Some terms in capital letters have specific definitions in section 3. The underlined words in this Agreement contain links to additional information.

2. Why read this agreement?

2.1. What this agreement covers:

These are the terms and conditions under which we provide our services to you. The terms and conditions contained herein ("Terms of Service/Agreement") will apply to the use of the website https://cryptopay.trade and any other linked pages, products, software(s), features, content or application services (including, but not limited to, any mobile application service) occasionally offered by Cryptopay Trade ("Cryptopay Trade" or "We" or "Our" or "Us").

Any person who accesses or uses the website (even when such person does not use any service provided on the website ("Services") (hereinafter referred to as "User", "Your" or "You") is presumed to have read these terms (which include the Privacy Policy, published separately on the website) and has unconditionally and irrevocably accepted the terms and conditions set forth herein. These Terms of Service, together with the rest of the Policies (defined below), constitute a binding and enforceable agreement between the User and Cryptopay Trade. These Terms of Service do not modify in any way the terms or conditions of any other written agreement you may have with Cryptopay Trade for other services.

3. Why should you read this agreement?

This Agreement (together with the documents referred to in it) tells you who we are, how we will provide the Services, how this Agreement can be changed or terminated, what to do in case of problems and other important information. If you think there is an error in this Agreement or need to make any changes, please contact us at soporte@cryptopay.trade to discuss it.

3.1. Other additional documents that apply to you:

This agreement refers to the following additional documents, which also apply to your use of Our Services:

(a) Our Privacy Policy, which sets out the terms under which we process any personal data we collect about you, or that you provide to us. By using Our Services, you agree to such processing and promise that all data provided by you is accurate.

(b) Frequently Asked Questions ("FAQ") that provide answers to common customer questions.

(c) Acceptable use policy.

(d) To receive some of our Services, you may be asked to accept additional terms and conditions that we will notify you of at the appropriate time.

4. Additional documents:

For clarity, any additional document mentioned in this agreement is not incorporated into this agreement.

5. You accept this Agreement:

By using our services, you confirm that you accept and agree to this agreement (including the additional documents mentioned above). If you do not agree, please do not use our services.

6. Where to get a copy of this agreement?

You can always view the most current version of this agreement on our website.

7. Glossary:

In this Agreement:

Web app means the responsive web widget of Cryptopay Trade, the data supplied with the software and associated media.

Business hours means the working hours during which Cryptopay Trade processes buy and sell transactions.

Digital currency refers to encrypted tokens or digital cryptocurrencies with a certain value based on blockchain and cryptography technologies and that are issued and managed in a decentralized manner.

Digital asset refers to Digital Currencies, their derivatives or other types of digitized assets with a certain value, including Cryptocurrencies.

Services refers to all products, services, content, features, technologies or functions offered by Us, including the purchase and sale of Digital Assets.

Fiat Currency refers to the currency that you send/receive from the Cryptopay Trade Web Application that is legal tender issued by a central bank or equivalent public authority.

Cryptocurrency refers to the Digital Currency that you send/receive from the Cryptopay Trade Web Application that is not Fiat Currency.

Cryptopay Trade Account means the account that You have opened with Us in accordance with the terms of this Agreement.

Website means any web page, including, but not limited to https://cryptopay.trade, where we provide the Services to You.

Quoter refers to the application developed by Cryptopay Trade where you can quote, verify commissions, available cryptocurrencies and enter your information to carry out your transaction.

8. Who are we and how to contact us?

Our company information:

Cryptopay S.R.L is a Private Company of the Dominican Republic with company number 132-056-302 and registered address at Calle Paseo del parque, Res. Praderas del Parque, Edfi. E4, Apto 101, Sector Las Praderas.

9. How do you contact us?

You can contact us by email (soporte@cryptopay.trade), online chat and through our social media platforms.

10. Who can use our services?

Over 18 years old:

If you are an individual, you must be 18 years or older to use our Services and when opening an Account at Cryptopay Trade, you declare that you are 18 years or older or that you have reached the age of majority applicable in the jurisdiction where you reside. We may ask you at any time to demonstrate your age.

You must have authority to bind your business:

If You are not an individual end user, you confirm that you have the authority to bind any business or entity on behalf of which You use Our Services, and that such business or entity accepts these terms.

Your use of the Cryptopay Trade account must not violate any applicable law:

You undertake that your opening and/or use of a Cryptopay Trade account does not violate any applicable law to You. You are solely responsible for understanding and complying with all applicable laws of your specific jurisdiction, including, but not limited to, provisions related to anti-money laundering under the Bank Secrecy Act, Know Your Customer (KYC) anti-fraud guidelines, Combating the Financing of Terrorism (CFT) guidelines, public anti-bribery and corruption laws, and any other applicable law issued by the relevant authorities, that may be applicable to You in relation to your business and use of Our Services. By accepting our Terms of Service, You assume responsibility for the consequences of violating this section.

11. Your Cryptopay Trade account:

About your Cryptopay Trade account:

(a) Your Cryptopay Trade account is not a financial account: you cannot hold Fiat Currency with Cryptopay Trade. It is also not a blockchain wallet: you cannot hold Digital Assets with Cryptopay Trade. Your Cryptopay Trade account is a profile that you must set up before you can use Our Services.

(b) Your Cryptopay Trade account allows you to pay Fiat Currency to buy Digital Assets from Us, which we will send to a blockchain wallet you have with another person (a "Third Party"), or to sell Digital Assets to Us in exchange for a Fiat Currency payment from Us.

(c) The Services we offer you may be subject to a limit on the amount of volume, expressed in US dollars or Dominican pesos that you can buy or sell with Us, at any time (for example, per transaction, daily, monthly). We will establish limits that we reasonably consider necessary to manage fraud risk and to comply with Anti-Money Laundering (AML/CFT) regulations. Transaction limits will vary depending on the payment method available to You, completed KYC and other factors. Cryptopay Trade reserves the right to change these limits as we deem necessary at our sole discretion. Please check our website or contact us if you have any questions about these limits.

(d) Unless we have our written consent, you must not allow anyone to operate your Cryptopay Trade account on your behalf.

12. Getting started:

12.1. Open an Account at Cryptopay Trade:

To start using Our Services, you must open an Account at Cryptopay Trade and provide your details as indicated.

12.2. Information must be accurate:

All information you provide to us must be complete, accurate and truthful at all times. You must update this information whenever it changes. We cannot be responsible for any financial loss that arises from your failure to do so. At any time, we may ask you to confirm the accuracy of your information and/or provide additional supporting documents. If you provide information that is false, inaccurate, incomplete or not up to date, or if we have reasonable grounds to suspect that such information violates applicable law or does not agree with this Agreement (whether in whole or in part), we reserve the right to reject your registration and/or suspend or cancel your account indefinitely and deny you access to the Website. In addition, you agree to indemnify us for all claims resulting from the use of any detail/information/data that you publish and/or provide to us. We will be authorized to remove any detail/information/data published by you without prior notice.

12.3. Transaction in your own account:

All activities under a Cryptopay Trade Account will be considered as activities performed by the registered user. You should only use the Services for transactions in your own account and not on behalf of any other person or entity. Doing so constitutes a violation of the Terms of Service/Agreement and we reserve the right to suspend your Cryptopay Trade Account and take any additional actions that are necessary.

12.4. One account per person or entity:

You can only open one Cryptopay Trade Account unless we have agreed in writing to open additional accounts. Cryptopay Trade may refuse to create duplicate accounts for the same user. When duplicate accounts are detected, Cryptopay Trade may close or merge these duplicate accounts at its sole discretion. In addition, in case of any dispute between two or more parties regarding the ownership of a specific account with Cryptopay Trade, you agree that Cryptopay Trade will be the sole arbitrator for such dispute and that Cryptopay Trade's decision in this regard will be final and binding on you.

13. Know your customer:

13.1. Customer Due Diligence:

By law, we are required to carry out all necessary security verifications and customer due diligence on you (including any party involved in your transaction, for example, your recipient) to provide you with any Service.

You agree to comply with any request from us for additional information and provide such information in a format acceptable to us. In addition, you agree that we may perform, directly or through any third party, any inquiry we consider necessary to validate the information you provided to us, including verification of commercial databases or credit reports. You authorize us to obtain one or more of your credit reports, from time to time, to establish, update or renew your account at Cryptopay Trade with us or in case of a dispute related to this Agreement and the activity under your Cryptopay Trade Account.

13.2. Your Privacy and Data Protection:

In the user registration process and when providing Services, we collect and use certain personally identifiable information from You, including, but not limited to, your name, address, phone number, email address, date of birth, taxpayer identification number, government identification and information about your bank account (such as bank name, account type, and account number). Cryptopay Trade is committed to protecting such information and taking all reasonable precautions to maintain its confidentiality. See our Privacy Policy. The information, as mentioned above, may be used by Cryptopay Trade to provide Website Services and for administrative, marketing and customer service purposes.

Your use/access to the Services will constitute your acceptance of the terms and conditions set forth in this Agreement and the Privacy Policy. You may withdraw your consent at any time by closing your Account with Us or by contacting Us and making a request. In case you withdraw your consent to use your personal information, you understand that Cryptopay Trade will no longer provide you with the Services. However, we may retain and continue to process your personal information if we reasonably believe it is necessary to comply with laws or regulations.

14. Keep your Cryptopay Trade account secure:

14.1. What to do? You must:

(a) Contact soporte@cryptopay.trade if someone requests your login credentials.

(b) Keep your email secure. Immediately notify soporte@cryptopay.trade if your email address is compromised.

14.2. What NOT to do? You must not:

(a) Reveal your Cryptopay Trade account credentials to anyone else. Keep them secure.

(b) Allow anyone to access your Cryptopay Trade Account or watch you while you are using it.

(c) Do anything that may prevent or compromise in any way the 2-step authentication process.

(d) Use another person's wallet address to transfer or receive Digital Assets to or from Us.

14.3. Contact us if you suspect your Cryptopay Trade Account has been compromised:

If you suspect that your Cryptopay Trade Account or other security credentials have been stolen, lost, used without your authorization or otherwise compromised, you must contact soporte@cryptopay.trade immediately. Any undue delay in notifying us could affect the security of your Cryptopay Trade Account and also make you responsible for financial losses.

15. How to buy and sell your cryptocurrencies on Cryptopay Trade?

To buy or sell Digital Assets with Us, you must log into your Cryptopay Trade account and follow the on-screen steps to place a buy or sell order for Digital Assets. For clarity, we will receive your Fiat Currency payment as beneficiary in case you are buying cryptocurrencies with Us, and we will send Fiat Currency to you as payer in case you are selling digital assets with Us, but we are not a payment service provider.

After logging into your Cryptopay Trade account, you can sell Digital Assets to Us in exchange for a Fiat Currency payment (a sell order). Press "Sell" and follow the steps indicated on screen. We will charge you fees for each sell order, and we will inform you of the exact amount when you submit your request, at which point you can choose to proceed or cancel the order. You can also get more information about the fees we charge in the "View details" section of our quoter.

Cryptopay Trade will transfer the purchased Digital Assets to your designated nominated wallet as soon as the funds have been transferred and are available in Cryptopay Trade's bank account, which in the case of an interbank ACH transfer, may take up to 24 hours to complete the transaction. You can sell a Digital Asset and instruct Cryptopay Trade to deposit funds into your verified bank account. If Cryptopay Trade cannot complete your transaction for any reason (such as price movement, market latency or order size), Cryptopay Trade reserves the right to reject the order and notify you of such rejection. You may be charged a processing fee for a rejected transaction so we can refund your Digital Currency or Fiat Currency.

During a sell order, you must transfer the Digital Assets to the wallet(s) assigned by Cryptopay Trade during the order process. If you send the Digital Asset to an incorrect or incomplete address, Cryptopay Trade will not be responsible in those circumstances.

15.1. Payment methods:

The payment method for paying us for a Digital Asset purchase, for now is limited to bank transfer, (in this Agreement, we will call them "Payment Methods"). Payment Methods are not part of Our Services, they are services provided by third parties, for example, the bank you use to make the transfer.

15.2. The payment instrument must be in your name:

Any payment instrument (for example, a bank account) that you use to pay for a Digital Asset purchase order with your chosen Payment Method must be in your name.

In the case of a digital asset sell order, you are responsible for ensuring the accuracy of the payment details you provide to us. You must ensure that the wallet used to send the Digital Asset is owned by you and is in your name. Once Cryptopay Trade has made the Fiat Currency payment to your designated bank account, the payment cannot be refunded and Cryptopay Trade will not be responsible for errors or mistakes on your part.

15.3. You must be the owner and have control over the wallet address:

By accepting this Agreement, you expressly declare that you are the sole owner of the wallet address provided to Cryptopay Trade for the purposes of buying or selling cryptocurrencies and that no other person has access or control over your wallet. In the case of a Sell Order, you also declare that you are the owner and have control over all digital assets within that wallet. Providing a false statement will be considered a violation of the Terms of Service and may result in Cryptopay Trade suspending your account or taking other actions as set forth in the Terms of Service. Cryptopay Trade also reserves the right to request proof that you are the owner of the wallet address provided at any time.

15.4. Claim through your payment instrument:

If your banking entity allows you to make a claim to Cryptopay Trade's bank accounts for unauthorized use of your payment instrument, we may charge you for our costs to investigate or take any action in relation to that claim.

15.5. What happens after you have sent your digital asset buy or sell order?

Once we have received your digital asset buy or sell order, we will send you a confirmation by email. Each digital asset buy or sell order receives a unique order number and is displayed in the transaction history of your Cryptopay Trade account. You must mention this transfer number when communicating with us about a particular payment order.

15.6. When your payment order is received:

If we receive your payment order after 11 p.m. it will be considered received on the next business day.

15.7. Completion time of your digital asset buy or sell order:

The estimated time it will take us to process your order will be notified to you when you complete your payment order setup. You can also find more information about processing time in our "Service Level Agreement" before quoting your order.

15.8. Rejection of your digital asset buy or sell order

If we cannot complete your order, we will let you know and, if possible, the reasons for the rejection and an explanation of how to correct any factual error. However, we will not notify you if such notification would be illegal. We will refund your fiat currency payment to the payment account from which you sent it.

15.9. You can cancel your digital asset buy or sell order:

You can cancel your order before completing the quoting process. You cannot cancel your order once your payment account provider has executed the fiat currency payment to us or you have successfully transferred cryptocurrencies to the assigned wallet address.

15.10. You must ensure that the information you provide is correct:

You must ensure that the information you provide when making a digital asset buy or sell order is accurate. If we have processed your order according to the information you provided to us, it will be considered correctly completed even if you made an error.

15.11. What happens if you provide us with incorrect information:

If you provide incorrect information with your digital asset buy or sell order, we will not be responsible for any loss.

16. Exchange commissions:

Cryptopay Trade limits at its discretion the percentage of commission to charge on each buy and sell transaction. In the case of volatile currencies such as Bitcoin or Ethereum, the price will be determined using the value provided by the Coin Gecko API. Cryptopay Trade strives to provide competitive prices and transparency. By accepting our Terms of Service, you understand that buying and selling Digital Assets carries an exchange rate risk where Digital Assets may appreciate or depreciate in value. Cryptopay Trade reserves the right to change exchange rate providers at any time without prior notice.

17. Maintaining your Cryptopay Trade account:

17.1. Transaction History of your account at Cryptopay Trade:

All your Digital Asset purchases and sales are recorded in the history section of your Cryptopay Trade account. You can access this information after logging into your Cryptopay Trade account. We have assigned an order number to each transaction, and you must cite this order number when communicating with us about a specific order.

17.2. Review your Cryptopay Trade account regularly:

It is your duty to review your Cryptopay Trade account regularly and contact us immediately if you do not recognize a transaction or if you believe we have made a payment incorrectly.

18. Taxes:

You are responsible for any tax applied to your payment that you make or receive, it is your responsibility to report and pay your taxes correctly to the appropriate tax authority.

19. Close your account at Cryptopay Trade:

19.1 You can terminate this agreement and close your Cryptopay Trade account at any time by contacting us.

19.2. You will not be able to close your Cryptopay Trade account to avoid an investigation.

19.3. You agree that you will continue to be responsible for all obligations related to your Cryptopay Trade account even after it is closed.

20. When can we terminate this agreement or suspend our services?

20.1. We may suspend or close your Cryptopay Trade Account without prior notice in certain circumstances, if:

(a) You breach any provision of this Agreement or the documents mentioned in this Agreement;

(b) A competent court, government authority, public agency or law enforcement agency requests or orders us to do so;

(c) We have reason to believe that you are violating any applicable law or regulation; or

(d) We have reason to believe that you are involved in any fraudulent activity, money laundering, terrorist financing or other criminal or illegal activity.

Your use of the Platform is a privilege, not a right, and we reserve the right to terminate, suspend or restrict your access to the Platform, as well as take other actions described in these terms, at any time to protect you, other users and/or us, as we deem necessary.

20.2. We may suspend your Cryptopay Trade Account or restrict its functionality if we have reasonable concerns about:

(a) The security of your Cryptopay Trade Account; or

(b) Suspected unauthorized or fraudulent use of your Cryptopay Trade Account.

We will notify you of the suspension when possible.

21. Other ways we can communicate with you:

(a) In addition to communicating by email, we and/or our service providers may communicate with you by phone when appropriate, such as calls or SMS. If you need a copy of the current Agreement or any other relevant document, please contact soporte@cryptopay.trade.

22. What laws apply to this agreement and where could you start a legal proceeding?

This agreement is governed by the laws of the Dominican Republic. Any dispute between the user and Cryptopay Trade in connection with their account or this agreement must be brought before the competent courts of the city of Santo Domingo, Dominican Republic.