Terms of Service
Last Updated February 8, 2022
PLEASE REVIEW THESE TERMS AND CONDITIONS OF USE FOR THE COIN CLOUD SERVICES CAREFULLY. BY ACCESSING THE COIN CLOUD WEBSITE, ANY COIN CLOUD KIOSK, OR THE COIN CLOUD WALLET APPLICATION, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. YOUR ACCESS TO AND USE OF THE COIN CLOUD SERVICES IS CONDITIONED ON YOUR ACCEPTANCE AND COMPLIANCE WITH THESE TERMS OF SERVICE.
IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT ACCESS THE SITE, ANY KIOSK, OR THE WALLET APP.
NOT ALL SERVICES ARE AVAILABLE IN ALL GEOGRAPHIC AREAS. YOUR ELIGIBILITY FOR SPECIFIC SERVICES IS SUBJECT TO FINAL DETERMINATION BY COIN CLOUD IN ITS SOLE DISCRETION.
These terms and conditions in this agreement (the “Terms of Service” or “Terms”) between you (“User,” or “client”) and Cash Cloud Inc., doing business as Coin Cloud (“Coin Cloud”) govern your use of the Coin Cloud website, hosted at www.coin.cloud (the “Site”), any Coin Cloud Kiosk (the “Kiosks” and each a “Kiosk”), or the Coin Cloud wallet application (the “Wallet App”, and collectively with the Site and Kiosks, the “Services”).
These Terms of Service contain a section entitled Arbitration; Waiver of Class Action that require the use of arbitration (Section 11) on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute. Some jurisdictions do not allow mandatory arbitration, prohibitions against class actions or governing law and forums other than where the individual consumer is located. If you are located in one of these jurisdictions, the Arbitration; Waiver of Class Action section may not apply to you and you may have additional rights.
1. Coin Cloud Services
1.1. The Site. The Site and any products and the Services referenced on the Site are delivered subject to these Terms of Service. You acknowledge that the Site is the property of Coin Cloud and its licensors. In using any aspect of the Site, you hereby agree to be bound by these Terms of Service. The Site is for information purposes and describes the services available to you using the Kiosks and the Wallet App. While the Site describes those services and provides other information related to Coin Cloud, the services available through the Kiosk and the Wallet App are not accessible through the Site.
1.4. The Kiosks. Coin Cloud operates Kiosks within the United States. Kiosks are digital currency machines that allow users to buy supported digital currencies with fiat currency or to sell supported digital currencies for fiat currency. See Section 3 below for more information regarding transactions using the Services.
1.5. The Wallet App. The Wallet App is a mobile application that is an integral part of the Coin Cloud ecosystem. The Wallet App is a non-custodial service that allows users to hold and transact in digital currencies. In addition, users may initiate a sell transaction to be completed at a Kiosk, purchase digital currency utilizing a credit and/or debit card via Simplex Services and/or Wyre Services, transfer digital currency held in the Wallet App to other Wallets, receive transfers of digital currency from other Wallets, and view digital currency balances. Users control their Wallet App using private keys and Coin Cloud will never control or have access to those private keys. Accordingly, it is critical that users maintain private keys in a safe place to ensure access to the Wallet App and to prevent others from using the private keys to access the Wallet App without authorization.
1.6. Limited License. Coin Cloud grants you a limited, nonexclusive, non-transferable license, subject to these Terms, to access and use the Services. Coin Cloud grants the right to use its Services solely for approved purposes as permitted by these Terms and Coin Cloud from time to time. Any other use of these Services is expressly prohibited and all other rights, title, and interest in or arising out of these Services is exclusively the property of Coin Cloud and its licensors. You agree that 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 Services, in whole or in part. All logos related to Coin Cloud, its affiliates and its licensors or displayed on the Kiosk are either trademarks, registered marks, or associated with Coin Cloud, such affiliates, or its licensors. You agree not to copy, imitate or use them without Coin Cloud’s prior written consent.
2. Coin Cloud Account
2.1. Eligibility. To be eligible to use Coin Cloud’s Services you must be at least 18 years old.
2.2. Identity Verification. In order to use certain features of the Coin Cloud Services, including certain transfers of both digital currency and fiat currency, you may be required to provide Coin Cloud with certain personal information; including, but not limited to: your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, and government identification number. Coin Cloud may also require you to answer certain questions or take actions in order to verify your identity, provide the Coin Cloud Services to you, or comply with applicable law. In submitting this or any other personal information as may be required, you verify that the information is accurate and authentic, and you agree to update Coin Cloud if any information changes. You hereby authorize Coin Cloud to, directly or through third parties, make reasonably necessary inquiries to verify your identity and/or to protect against fraud or other illegal activity and to take actions we deem necessary based on the results of such inquiries. You further authorize any and all third parties to which such inquiries may be directed to fully respond to such inquiries.
2.3. Consent to Collection of Photograph.Whenyou utilize a Coin Cloud kiosk, you are required to provide your governmentissued identification and an unobstructed photograph (selfie) of yourself forverification purposes. Following the initial identity verification, each time atransaction is conducted at a Coin Cloud kiosk, a photograph of you is capturedand stored by Coin Cloud. Your photograph will not be disclosed by CoinCloud without your consent unless the disclosure is required by law or bysubpoena; or when we believe that the disclosure is necessary to reportsuspected illegal activity. By agreeing to Coin Cloud’s Terms of Service, youagree to Coin Cloud’s collection, use, and storage of your photograph for theabove-described purpose. Coin Cloud’s collection, use, and storage ofphotographs are further governed by Coin Cloud’s PrivacyPolicy.
2.4. Account Information. You hereby authorize Coin Cloud to store your account information. You also authorize Coin Cloud to use your account information to help protect against fraud and other illicit activity.
2.5. Account Limits. Coin Cloud reserves the right, at any time and without prior notice, to modify the daily, weekly and/or monthly limit(s) allowed to be transacted by the client.
2.6. Termination or Suspension of Account. Coin Cloud may terminate or suspend your access to its Services at any time, without prior notice, for any reason whatsoever, including without limitation, if you breach the Terms or circumvent Coin Cloud’s controls. All provisions of the Terms shall survive termination, including, without limitation, ownership provision, warranty disclaimers, indemnity, mandatory binding arbitration, and limitation of liability.
2.7. Authorized Users. Only you may use your Coin Cloud account. You must keep your accountinformation, including your private keys, confidential and not authorize anythird party to access or use the Service on your behalf. Coin Cloud servicesare intended for personal use only. You must contact Coin Cloud immediately ifyou suspect misuse of your account or any security breach in the Services.
2.10. Security Breach. If you suspect that your Coin Cloud 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 Coin Cloud (together a “Security Breach”), you must notify Coin Cloud Support as soon as possible and continue to provide accurate and up to date information throughout the duration of the Security Breach. You must take any steps that Coin Cloud reasonably requires to reduce, manage or report any Security Breach. Failure to provide prompt notification of any Security Breach may be taken into account in Coin Cloud’s determination of the appropriate resolution of the matter.
2.11. Password Security and Keeping Your Contact Information Current. You are responsible for maintaining adequate security and control of any IDs, passwords, hints, personal identification numbers (“PINs”), API keys or any other codes that you use to access the Coin Cloud Services. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your Coin Cloud Account and the loss or theft of any digital currency and/or funds held in your Coin Cloud Account and any associated accounts or wallets. You are responsible for keeping your email address and telephone number up to date in order to receive any notices or alerts that Coin Cloud may send you. Coin Cloud assumes no responsibility for any loss due to compromise of your sensitive information or failure to follow or act on any notices or alerts that Coin Cloud may send to you. In the event you believe your Coin Cloud Account information has been compromised, contact Coin Cloud Support immediately.
3. Transactions Using the Services
3.1. Transactions with Coin Cloud. When buying or selling digital currency using theServices, you are buying from, or selling to, Coin Cloud directly. Coin Clouddoes not act as an intermediary or marketplace between other buyers and sellersof digital currency. Coin Cloud services are intended for personal use only.Using an online digital wallet that is not your own is in direct violation ofthe Terms of Service. The Services are subject to the Coin Cloud “ConversionRate.” Conversion Rate means the liquidity adjusted price of a givendigital currency amount in terms of U.S. Dollars (“USD”) as quoted toyou on the Kiosk or the Wallet App at the time you begin a transaction. TheConversion Rate is set by Coin Cloud in its sole and absolute discretion. TheConversion Rate is stated either as a buy price, the price in terms of USD atwhich you purchase digital currency from Coin Cloud, or as a sell price, theprice in terms of USD at which you sell digital currency to Coin Cloud. For thepurpose of any transaction which incorporates the Conversion Rate, you agree,as a condition of using any Coin Cloud Services, to accept the Conversion Rateas the sole conversion metric.
3.2. Buying Digital Currency. Once the identity verification process is successfully completed, you may purchase digital currency using the Services, subject to any applicable limits. To buy digital currency, you will scan the address for your desired digital currency wallet for holding digital currencies (“Wallet”) at the Kiosk. You will then insert the desired amount of USD into the Kiosk. The appropriate amount of digital currency, minus any fees, will be sent to the scanned Wallet address. You should verify all transaction information prior to submitting the information to Coin Cloud. By initiating a purchase, you attest that you are transacting in a digital currency which conforms to the particular Wallet into which funds are directed. For example, if you select an Ethereum wallet address to receive funds, you attest that you are initiating a purchase of Ether or another digital currency compatible with an Ethereum wallet, and not any other currency such as Bitcoin or Ethereum Classic. Coin Cloud incurs no obligation whatsoever with regard to unsupported digital currency sent to a Coin Cloud Account or supported digital currency sent to an incompatible Wallet. Erroneously transmitted digital currency will be lost.
3.3. Selling Digital Currency. Once the identity verification process is successfully completed, you may sell digital currency using the Services, subject to any applicable limits. To sell digital currency, you will be prompted to send the appropriate amount of digital currency to the address provided on the Kiosk screen. Once Coin Cloud confirms receipt of the digital currency, you will be able to withdraw the appropriate amount of USD, minus any fees, at the Kiosk.
3.4. You may use the Wallet App to initiate a sale of digital currency. To do so, you must select a Kiosk location in the Wallet App and choose “quick cash” and the amount of fiat currency you wish to receive at the Kiosk. The Wallet App will display the sale transaction details, including the applicable Conversion Rate, which you must accept in order to send digital currency to the blockchain address associated with the Kiosk you have selected and for the transaction to be processed. You may reserve sale proceeds for up to 48 hours. The sale proceeds will be available at the selected Kiosk and will be dispensed pending confirmation of your identity.
3.5. Transfers of Digital Currency. You may use the Wallet App to send and receive digital currency to/from other Wallets. To transfer digital currency to another Wallet using the Wallet App, you must select the digital currency to be transferred and select the send option. You will then be prompted to enter the recipient’s Wallet address and the amount of digital currency you send. You then initiate the transaction. By initiating a transfer to another Wallet, you attest that you are transacting in a digital currency that is supported by the recipient’s Wallet. For example, if the recipient Wallet is an Ethereum wallet, you attest that you are initiating a transfer of Ether or another digital currency compatible with an Ethereum wallet, and not any other currency such as Bitcoin or Ethereum Classic. Coin Cloud incurs no obligation whatsoever with regard to digital currency transferred to an incompatible Wallet. Erroneously transferred digital currency will be lost.
3.6. You may use the Wallet App to receive transfers of digital currency from other Wallets. To facilitate the receipt of such transfers, you may create a QR code to provide to the transferee. The transferee can scan that QR code to obtain your Wallet address and initiate the transfer. By providing a QR code to facilitate receipt of a transfer from another Wallet, you attest that you are transacting in a digital currency that is supported by Wallet address provided using the QR code. For example, if the Wallet address provided is an Ethereum wallet, you attest that you are intending to receive a transfer of Ether or another digital currency compatible with an Ethereum wallet, and not any other currency such as Bitcoin or Ethereum Classic. Coin Cloud incurs no obligation whatsoever with regard to digital currency transferred to an incompatible Wallet. Erroneously transferred digital currency will be lost.
3.7. Right to Cancel or Refuse Transaction. Prior to the completion of any transaction, Coin Cloud reserves the right to refuse or cancel any proposed purchases or sales of digital currencies or transfers to or from your Wallet(s) in Coin Cloud’s sole discretion, including but not limited to instances where Coin Cloud suspects the transaction involves (or has a high risk of involvement in) money laundering, terrorist financing, fraud, or any other type of financial crime, in response to a subpoena, court order, or other government order, or if Coin Cloud suspects the transaction relates to Prohibited Use or a Prohibited Business as set forth below. Coin Cloud will cancel the transaction before execution and Coin Cloud is under no obligation to allow you to reinitiate a purchase or sale order at the same price or on the same terms as the cancelled transaction. This paragraph does not apply to completed transactions.
3.8. Value Adjustments. The value requested by the account holder may require an adjustment to account for limited monetary values. The adjusted value is calculated by rounding down, whenever possible, to the nearest U.S. Dollar denomination. In this case, the account holder will be provided with two choices demonstrated on the Kiosk screen. The account holder can agree to adjust the valued amount or not proceed with completing the transaction which will result in a refund.
3.9. Pending Review. In an effort to provide quality service to our clients, we may at times hold transactions for review. The client must contact Coin Cloud Support to verify certain details regarding the transaction and/or verify the correct identity of the client. The transaction may be held in some situations if Coin Cloud has reasonable suspicion of illicit activity and/or behavior while using the Service.
3.10. Operation of digital currency Protocols. Coin Cloud does not own or control the underlying software protocols which govern the operation of digital currency connected with the Services. Generally, the underlying protocols are open source, and anyone can use, copy, modify, and distribute them. Coin Cloud assumes no responsibility for the operation of the underlying protocols and Coin Cloud is not able to 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 material operating changes may materially affect the availability, value, functionality, and/or the name of the digital currency you store in your Wallet. Coin Cloud does not control the timing and features of these material 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 Coin Cloud in determining whether to continue to use the Services for the affected digital currency. In the event of any such operational change, Coin Cloud reserves the right to takes such steps as may be necessary to protect the security and safety of assets held on the Coin Cloud platform, including temporarily suspending operations for the involved digital currency(ies), and other necessary steps; Coin Cloud will use its commercially reasonable efforts to provide you with notice of its response to any material operating change; however, such changes are outside of Coin Cloud’s control and may occur without notice to Coin Cloud. Coin Cloud’s response to any material operating change is subject to its sole discretion and includes deciding not to support any new digital currency, fork, or other actions. You acknowledge and accept the risks of operating changes to digital currency protocols and agree that Coin Cloud 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 Coin Cloud has sole discretion to determine its response to any operating change and that Coin Cloud has no responsibility to assist you with unsupported currencies or protocols.
i. Conversion Price. Coin Cloud Services allows clients to convert USD to digital currency and vice versa. The price at which Coin Cloud buys and sells Digital currency will be provided to you on the Coin Cloud Kiosk screen.
ii. Miner Fees. To speed up the confirmation time, Coin Cloud recommends that you attach a larger miner fee to the transaction. Any miner fees that are attached will be your sole responsibility and will be paid by you. Please be advised that if a refund is requested, you understand and agree that any miner fees paid will be subtracted from the total refund amount.
iii. Bitcoin Wallet Support Fee. Coin Cloud charges a 1.5 percent (1.5%) fee when clients perform a send transaction, using a BTC wallet via the Coin Cloud app, which include wallet to wallet transfers and sells completed at the Kiosk. The fee is calculated to be 0.15 times the number of Satoshi. 1 Satoshi is equal to 0.00000001. The minimum fee is 5,000 Satoshi and the maximum fee is 10,000 Satoshi.
3.12. Taxes. You are solely responsible for determining the tax implications and tax reporting requirements associated with transactions you engage in involving digital assets using the Services, and for paying any applicable taxes in each applicable jurisdiction. Coin Cloud is not responsible for determining whether there are tax implications in connection with transactions involving digital assets using the Services, for reporting any such transactions, or for paying any applicable taxes.
3.13. Refunds. Coin Cloud reserves the right to scrutinize any and all transactions its clients facilitate with Coin Cloud. If a transaction is interrupted or cancelled before it is completed, the client may request a refund. A refund request may be granted at the sole and absolute discretion of Coin Cloud. In the event that a transaction is cancelled prior to completion and a client has already delivered USD or digital currency to Coin Cloud, for the purposes of a refund (whether partial or full), the value of the transaction will be set at the Conversion Rate in USD regardless of whether the cancelled transaction was a purchase or sale of digital currency. The amount of funds to be returned to a client, if any, shall be calculated by taking the value of the transaction and reducing the same by the amount of applicable unclaimed property fees and/or liquidated damages (the “Refund Amount”). For cancelled purchases of digital currency, the Refund Amount shall be remitted in USD. For cancelled sales of digital currency, the Refund Amount shall be remitted in the digital currency that was to be sold (to the extent available) or USD (if such digital currency is not available), the value of which to be set in the sole and absolute discretion of Coin Cloud. A request for a refund is not complete unless it includes the information necessary for Coin Cloud to process and deliver the requested refund. Coin Cloud will only act on refund requests that are complete and will notify any client requesting a refund if their request is deficient.
3.14. Unclaimed Property. If a client seeks a refund, the client must provide Coin Cloud with a complete refund request. If a client does not provide Coin Cloud with a complete refund request and the dormancy period under the applicable state unclaimed property law is reached, unclaimed property fees shall be assessed in the maximum amount as permitted by such applicable state law.
You make the following representations regarding your use of the Services:
4.1. You have not been previously blocked or suspended from using the Services.
4.2. By accessing or using the Services, you accept these Terms on behalf of yourself and further represent and warrant that you are fully able and competent to enter into, and abide by and comply with, the Terms of Service.
4.3. You represent and warrant that you are legally permitted to use the Services in your jurisdiction, including that you are legally permitted to own digital assets and interact with the Services you use. You further represent you are responsible for ensuring compliance with the laws of your jurisdiction in connection with your use of the Services and acknowledge that Coin Cloud is not liable for your compliance or non-compliance with any such laws.
4.4. You represent that agreeing to these Terms of Service and your use of the Services does not constitute, and that you do not expect it to result in, a breach, default, or violation of any applicable law or any contract or agreement to which you are a party or are otherwise bound.
4.5. You represent and warrant that you are not a person or entity identified on: (a) a list of specially designated nationals and/or blocked persons maintained by the Office of Foreign Assets Control of the United States Treasury Department; (b) a list of denied persons or parties of concern maintained by the Bureau of Industry and Security of the United States Department of Commerce; (c) any similar list promulgated by an official agency, ministry or department of the United States; or (d) any similar list promulgated by an official agency, ministry or department of the Country in which you access the Services
4.6. You represent and warrant that you are not a resident of, or located in, any of the countries to which the United States has embargoed goods or has otherwise applied any sanctions (each a “Prohibited Jurisdiction”).
4.7. You represent that you will not, and will not attempt to, purchase, sell, rent, transact, or provide access to the Services for or on behalf of someone other than yourself, or otherwise engage in Prohibited Use of the Services.
4.8. You represent that you will not disrupt, interfere with, or otherwise adversely affect the normal flow of the Services or otherwise act in a manner that may negatively affect other users' experience when using the Services. This includes taking advantage of software vulnerabilities and any other act that intentionally abuses or exploits the design of the Services.
4.9. You represent that you are sophisticated in using and evaluating blockchain technologies and related blockchain-based digital assets, including the Bitcoin and Ethereum networks, smart contract systems, and ERC-20 tokens. Specifically, you represent that you have evaluated and understand the operation of the Services and the blockchain networks underlying the digital assets that the Services may be used to transact in.
5. Prohibited Uses
The Services may not be used in any of the following ways:
5.1. In connection with your use of these Services, you agree and represent that you are not engaging in or facilitating any illegal activity. Coin Cloud reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process, or government request.
5.2. You agree not to accept payments from or send payments to the following businesses or to engage in the following activities using the Services: unlicensed Money Service Business (see https://www.fincen.gov/am-i-msb); counterfeiting; stolen goods; sale of illegal or legal prescription drugs; online gambling; identity theft; fraud or scams; or any business that would violate any law, statute, ordinance or regulation. Furthermore, you agree that you will not acquire digital currency or use the Coin Cloud Services if you are on: (a) a list of specially designated nationals and/or blocked persons maintained by the Office of Foreign Assets Control of the United States Treasury Department; (b) a list of denied persons or parties of concern maintained by the Bureau of Industry and Security of the United States Department of Commerce; (c) any similar list promulgated by an official agency, ministry or department of the United States; or (d) any similar list promulgated by an official agency, ministry or department of the Country in which you access the Services. You agree that you will not use the Coin Cloud Services if you are a resident of, or located in, any Prohibited Jurisdictions.
5.3. You agree not to use the Service in a manner that could interfere with, disrupt, impede, or negatively affect other users of the Service. This includes, but is not limited to, the use of: robots, ransomware, trojan horses and/or scrapers.
5.4. You may not use or attempt to use another person’s wallet software with or without consent when engaging with the Services.
5.5. You may not provide false, inaccurate, or misleading information about yourself or the Services provided to you.
5.6. You may not supply, create, or register multiple accounts or use mobile phone numbers that do not belong to you to access the Services.
5.7. You may not link to the Site without the permission of Coin Cloud.
5.8. You agree not to store, upload, or transmit to or via the Services any Data that:
i. infringes upon, or violates any copyright, patent, trademark, trade secret or other proprietary right;
ii. is defamatory, libelous, or threatening;
iii. is known by you to be false or inaccurate; or
iv. violates any applicable law, treaty, or regulation.
5.9. You agree you will neither upload nor transmit to the Services any Data containing any virus, worm, or other harmful feature.
5.10. You agree not to interfere, in any way, with others’ use of the Services and you will not attempt to gain unauthorized access to the account, computer system, or Data of another user.
5.11. You agree that you are using the Services for your own personal use and further agree that you will not use any digital wallet other than your own.
5.12 You agree not to engage in any act where youknow, or have reason to know, that such act may disrupt the functionality ofthe Services, including, but not limited to, the following:
i. translating, decompiling, reverse engineering, or otherwise attempting to obtain access to source code of any software located on the Site (the “Software”); or
ii. using the Site in any way that violates local, state, federal, or international law.
6.1. The risks of trading or holding digital currency can be substantial. You should carefully consider whether trading or holding digital currency is the right financial decision for you.
6.2. As with any asset, the value of digital currencies can go up or down and there can be a substantial risk that you may lose money buying, selling, holding, or investing in digital currencies. You should carefully consider whether trading or holding digital currencies is suitable for you in light of your financial situation.
6.3. Transaction confirmation times. Bitcoin transactions are confirmed by the bitcoin network pursuant to the rules of the bitcoin protocol. The confirmation of Bitcoin transactions takes a period of time depending on a variety of circumstances. Transactions may remain unconfirmed between ten minutes up to one day or more. A Bitcoin transaction is not complete until it is confirmed. Bitcoin associated with transactions that are unconfirmed will be designated accordingly. Similar circumstances apply to other digital currencies.
6.4. Digital currency is not legal tender, is not backed by the government, and accounts and value balances are not subject to Federal Deposit Insurance Corporation or Securities Investor Protection Corporation protections.
6.5. Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of digital currency.
6.6. Transactions in digital currency may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable.
6.7. Some digital currency transactions shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that the client initiates the transaction.
6.8. The value of digital currency may be derived from the continued willingness of market participants to exchange Fiat Currency for digital currency, which may result in the potential for permanent and total loss of value of a particular digital currency should the market for that digital currency disappear.
6.9. There is no assurance that a person who accepts a digital currency as payment today will continue to do so in the future.
6.10. The volatility and unpredictability of the price of digital currency relative to fiat currency may result in significant loss over a short period of time.
6.11. The nature of digital currency may lead to an increased risk of fraud or cyber-attack.
6.12. The nature of digital currency means that any technological difficulties experienced by Coin Cloud may impact a client’s ability to buy or sell digital assets.
6.13. You are solely liability for unauthorized digital currency transactions, no different than you are responsible for unauthorized cash transactions or unauthorized fiat currency transactions. You should protect your digital currency transactions and your digital wallet with the same care and concern as your cash transactions and your traditional wallet.
COIN CLOUD DOES NOT PROMISE THAT THE SITE, KIOSKS, OR WALLET APP, OR ANY CONTENT, SERVICE, OR FEATURE OF THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SERVICES WILL PROVIDE SPECIFIC RESULTS. COIN CLOUD DOES NOT WARRANT THE ACCURACY, COMPLETENESS, QUALITY, ADEQUACY OR CONTENT OF ANY INFORMATION OR TOOL ACCESSIBLE USING THE SERVICES OR ANY OTHER WEBPAGE OR WEBSITE LINKED OR REFERENCED ON THE SERVICES, NOR DOES COIN CLOUD MAKE ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR ANY OTHER WEBPAGE OR WEBSITE LINKED OR REFERENCED ON THE SITE. THE SERVICES AND THE CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SERVICES IS SUBJECT TO CHANGE WITHOUT NOTICE. COIN CLOUD CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SERVICES WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. COIN CLOUD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT. COIN CLOUD DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICES. YOUR SOLE REMEDY AGAINST COIN CLOUD FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. THIS LIMITATION OF RELIEF IS AN ESSENTIAL PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. Coin Cloud reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Services for any reason; (2) to modify or change the Services and any applicable policies or terms; and (3) to interrupt the operation of the Services as necessary to perform routine or non-routine maintenance, error correction, or other changes.
8. Limitation of Liability
IN NO EVENT WILL COIN CLOUD, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES OR REPRESENTATIVES, BE RESPONSIBLE OR LIABLE IN ANY WAY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOST REVENUES, LOST PROFITS OR PROSPECTIVE ECONOMIC ADVANTAGE, RESULTING FROM ANY USE OR MISUSE OF THE SERVICES, OR RELIANCE ON THE INFORMATION, DOCUMENTS, SOFTWARE OR CONTENT ACCESSIBLE ON THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH ARE REASONABLY FORSEEABLE.
You agree to indemnify and hold Coin Cloud, its subsidiaries, affiliates, officers, agents, and representatives, and its and their officers and employees, harmless from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including reasonable attorneys’ fees, disbursements, and court costs) arising from or in connection with your use of the Services, your violation of these Terms of Service, or your violation of any rights of any third party.
10. Term and Termination
These Terms of Service will remain in full force and effect for so long as you use the Services. We may suspend or terminate your right to use the Services at any time for any reason in our sole discretion, including for any use of the Services in violation of these Terms of Service. Upon termination of your rights under these Terms of Service, your right to access and use the Services will terminate immediately. Coin Cloud will not have any liability whatsoever to you for any termination of your rights under these Terms of Service, including for deleting or blacklisting any blockchain network address you provide to use in connection with your use or attempted use of the Services.
Arbitration; Waiver of Class Action. You and Coin Cloud agree that any dispute arising out of or relating to this Agreement or the Coin Cloud Services, including, without limitation, federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation, or any other legal theory, shall be resolved through binding arbitration, on an individual basis (the “Arbitration Agreement”). Arbitration shall be conducted in accordance with the American Arbitration Association's rules for arbitration of consumer-related disputes (“AAA Consumer Arbitration Rules”). Notwithstanding anything to the contrary in the AAA Consumer Arbitration Rules, you and Coin Cloud agree that neither you nor Coin Cloud may choose to take their claim(s) to small claims court unless the dispute (1) proceeds only on an individual (non-class and/or non-representative) basis; and (2) remains in small claims court.
This Arbitration Agreement includes, 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. All such matters shall be decided by an arbitrator and not by a court or judge. For the avoidance of doubt, the arbitrator has the exclusive authority to decide whether the Arbitration Agreement is enforceable.
Waiver of Right to Initiate or Participate in Collective or Class Actions. TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING (COLLECTIVELY, “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. YOU ACKNOWLEDGE THAT, BY AGREEING TO THESE TERMS, YOU AND COIN CLOUD ARE EACH agreeing to waive rights EACH might otherwise have including, but not limited to, the rights (a) TO A TRIAL BY JURY; (b) to initiate representative actions, collective actions, and/or class actions; and (c) to participate in representative actions, collective actions, or class actions initiated by others.
The arbitration will be conducted by a single, neutral arbitrator and shall take place in Clark County, Nevada, or another mutually agreeable location, in the English language. The arbitrator may award any relief that a court of competent jurisdiction could award, including, but not limited to, legal and equitable relief, and the arbitral decision may be enforced and/or confirmed in any court of competent jurisdiction. At your request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. This Arbitration Agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”).
Coin Cloud is located in the State of Nevada. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
The Services are not directed, or intended to be directed, to children. Coin Cloud does not knowingly gather or solicit data from children through the Services and by using the Services you represent that you are an adult of at least 18 years of age.
13. Client Support
Contact Coin Cloud. If you have any questions or concerns, contact our Client Support email address at email@example.com, speak with a live Client Support representative at 855-264-2046 or access Coin Cloud’s website for live chat. Provide your name, Coin Cloud account number or any other information we may use to identify you, along with the transaction(s) for which you have questions or concerns.
14. Law Enforcement Requests
From time to time, Coin Cloud will receive requests about its clients from law enforcement agencies. We will respond to any such requests from authorized law enforcement officials with proof of authority. This section will serve as a guide to explain how authorized law enforcement officials can request client information and their corresponding Kiosk activities.
To facilitate processing requests, Coin Cloud requires requests to be addressed to our legal entity name and mailed to our mailing address. All production orders, search warrants, subpoenas, etc. (collectively hereafter referred to as “Order”) are to be addressed as follows:
Cash Cloud Inc. dba Coin Cloud
Attn: Compliance Department
401 Ryland St., Ste 200-A
Reno, NV 89502
Orders should also be sent electronically to firstname.lastname@example.org.
Coin Cloud reviews each Order to determine whether there is a valid legal basis for the Order. Coin Cloud will only respond to legally valid Orders.
To aid in quickly processing the Order, law enforcement officials should, if available, provide the following in their request:
· Name and phone number of the individual(s)
· Date (e.g., date(s) and time(s) of the transaction(s) in question)
· Location(s) of the transaction
· Transaction hash
· Reasonable deadline
Coin Cloud also reserves the right to make disclosures to authorities in order to protect itself and its clients.
15. Electronic Communications
The communications between you and Coin Cloud use electronic means, whether you communicate with us by using the Services or sending us emails, or whether Coin Cloud posts notices on the Services or communicates with you via email. For contractual purposes, you: (i) consent to receive communications from Coin Cloud in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Coin Cloud provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in a hardcopy writing. The foregoing does not affect your non-waivable rights. You acknowledge that e-mail communications may not be secure and that you will not electronically transmit or otherwise send sensitive information, such as account numbers, passwords, financial information to Coin Cloud or otherwise request such information via e-mail. If there is a need to communicate such sensitive information to Coin Cloud, please contact us at 855-264-2046 to speak with a client service representative. Details regarding Coin Cloud’s SMS Communication can be found at https://www.coin.cloud/legal/privacy.
16. Governing Law and Jurisdiction
The laws of the state of Nevada will govern these Terms of Service, without giving effect to any conflicts of laws principles. You agree that any action arising out of these Terms of Service, or your use of the Services, shall be brought in state or federal court in Nevada, and you consent to the jurisdiction of such courts.
Assignment. You may not assign any rights and/or licenses granted under this Agreement. Coin Cloud reserves the right to assign its rights without restriction, including without limitation to any Coin Cloud affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Subject to the foregoing, these Terms will bind and ensure to the benefit of the parties, their successors, and permitted assigns.
Severability. If any part of these Terms of Service is deemed unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity or enforceability of remaining provisions.
Entire Agreement. These Terms of Service set forth the entire understanding between you and Coin Cloud with respect to the subject matter hereof and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and Coin Cloud with respect to such subject matter.
Changes. Coin Cloud offers the Services to you based on your acceptance of these Terms of Service without modification. Coin Cloud reserves the right and may, from time-to-time, make changes to the Site, the Kiosks, the Wallet App, or to these Terms of Service. Any changes or modifications to the Terms of Service will be effective upon upload to the Site. You acknowledge that it is your sole responsibility to review these Terms of Service each time you use the Services to remain apprised of any changes, revisions, or updates. Your ongoing and continued use of the Services, following any revision, change, modification, or update to these Terms of Service, constitutes your acceptance of the modified Terms of Service.
No Waiver. Coin Cloud’s failure to act on any breach of any provision of these Terms of Service shall not be construed as a waiver of the enforcement of any provision unless Coin Cloud agrees to such waiver in writing.
Survival. Sections 11 (Arbitration), 14 (Law Enforcement Requests), 15 (Electronic Communications), 16 (Governing Law and Jurisdiction), and 17 (General), as well as any other terms which by their nature should survive, will survive the termination of these Terms.
Force Majeure. Coin Cloud 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, any delay or failure due to any 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, other catastrophe or any other occurrence which is beyond Coin Cloud’s reasonable control and shall not affect the validity and enforceability of any remaining provisions.
Appendix 1: New York Supplement
If you are engaging in a transaction in the State of New York, pursuant to 23 NYCRR 200.19 and 200.20, please be aware of the following material risks involved in Virtual Currency generally, including at a minimum, the following:
- Virtual Currency is not legal tender, is not backed by the government, is not backed by the government, and accounts and value balances are not subject to Federal Deposit Insurance Corporation or Securities Investor Protection Corporation protections;
- Legislative and regulatory changes or actions at the State, Federal or international level may adversely affect the use, transfer, exchange, and value of virtual currency;
- Transactions in virtual currency may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable;
- Some virtual currency transactions shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that the customer initiates the transaction;
- The value of virtual currency may be derived from the continued willingness of market participants to exchange fiat currency for virtual currency, which may result in the potential for permanent and total loss of value of a particular virtual currency should the market for virtual currency disappear;
- There is no assurance that a person who accepts a virtual currency as payment today will continue to do so in the future;
- The volatility and unpredictability of the price of virtual currency relative to fiat currency may result in significant loss over a short period of time;
- The nature of virtual currency may lead to an increased risk of fraud or cyber attack;
- The nature of virtual currency means that any technological difficulties experienced by the licensee may prevent the access or use of a customer’s virtual currency; and
- Any bonds or trust account maintained by the licensee for the benefit of its customers may not be sufficient to cover all losses incurred by customers.
If you are located in the State of New York and have a complaint, please first contact our Client Support team here: email@example.com or 855-264-2046. If you still have an unresolved complaint, you may also direct your complaint to the attention of: New York State Department of Financial Services, One State Street, New York, NY 10004-1511, +1 (212)709-1540. Please visit https://www.dfs.ny.gov for additional information.