Terms of Use

Introduction
Welcome to the User Agreement (hereinafter “Agreement” or “Terms and Conditions”), effective upon the date of electronic acceptance (the “Effective Date”), pertains to the use of CryptoSphere (the “Platform”), an Internet application fully owned by CryptoSphere Pte. Ltd. (The “Company”), a Bulgaria based corporation with registration number 815040942.

The provisions of this Agreement will govern your use of our Site (as defined below) and of our Services (as defined below), and you should therefore take some time to read the Agreement carefully. The purpose of the Site and Services is to provide our users with a payment service whereby users may use certain virtual currencies (the “Payment”). The Payment issues such virtual currencies to its users; rather, the Payment provides access to products provides a services for users to conveniently use to buy goods and services. Should you have any questions or comments regarding our Site or Services, please feel free to contact us at: support@cryptosphere.eu

Legal Jurisdiction
You expressly agree that any claim or dispute arising from your use of our website and/or our services will be governed by the laws of Bulgaria without regard to the conflict of law provisions thereof. You further agree that any such claims or disputes shall be resolved in Bulgaria courts, and you agree to be subject to the personal jurisdiction in, and the exclusive venue of, such courts and waive any objection to such jurisdiction and venue for the purpose of litigating any such claim or dispute.

Part 1: General Use
By signing up to use the CryptoSphere Account through the CryptoSphere website located at CryptoSphere.eu, the CryptoSphere API, and/or any associated CryptoSphere-hosted websites or mobile applications (collectively the “CryptoSphere Site”), you agree to comply with and be legally bound by this Agreement. If you do not agree to any of the terms set forth in this Agreement, or any subsequent modification to the Agreement, you may not access or use any of the CryptoSphere Services and must cancel your CryptoSphere Account, free of charge, in the manner set forth below.

We may amend or modify this Agreement by posting on the CryptoSphere Site or emailing to you the revised Agreement. Any revised Agreement shall be effective immediately upon your express approval, or one month after the date of posting except where the changes and modifications are required by law or on the instruction of a competent governmental agency.

By continuing to access or use the CryptoSphere Services once the revised Agreement is effective, you agree to be bound by the Agreement. We may (a) modify or discontinue any portion of the CryptoSphere Services, and (b) suspend or terminate your access to the CryptoSphere Services, at any time, and from time to time, without notice to you in certain, limited circumstances described herein. You agree that we shall not be liable to you or any third party for any modification or termination of the CryptoSphere Services, or suspension or termination of your access to the CryptoSphere Services, except to the extent otherwise expressly set forth herein.

To be eligible to use the CryptoSphere Services, you must be at least 18 years old (or the applicable age of majority and contractual capacity). By accessing or using the CryptoSphere Services you represent and warrant that you are 18 or older. You may also be eligible to use the CryptoSphere Services if you are at least 13 years old, but only if your parents provide express written consent. Parental consent for use of the CryptoSphere Services by an individual who is at least 13 years old must be forwarded to support@cryptosphere.eu

Please note the following risks of using CryptoSphere’s Services:

Once submitted to the blockchain network, a cryptocurrency(ies) Transaction (defined below) will be unconfirmed for a period of time (usually less than one hour, but up to one day or more) pending sufficient confirmation of the transaction by the blockchain network. A transaction is not complete while it is in a pending state. cryptocurrency(ies) associated with transactions that are in a pending state will be designated accordingly, and will not be included in your CryptoSphere Account balance or be available to conduct transactions.

The risk of loss in holding cryptocurrency(ies) can be substantial. You should therefore carefully consider whether holding cryptocurrency(ies) is suitable for you in light of your financial condition. In considering whether to hold cryptocurrency(ies), you should be aware that the price or value of cryptocurrency(ies) can change rapidly, decrease, and potentially even fall to zero. If you use a CryptoSphere product which allows you and/or third parties to access and hold cryptocurrency(ies) private keys, you acknowledge that <u>CryptoSphere is not responsible for safeguarding such keys and that CryptoSphere is not responsible for any loss of cryptocurrency(ies) resulting from theft, loss, or mishandling of cryptocurrency(ies) private keys outside its control.

1. Basic CryptoSphere Services.

Your CryptoSphere account (“CryptoSphere Account”) encompasses the following basic CryptoSphere Services, among others:

• One or more hosted cryptocurrency(ies) wallets that allows users to store cryptocurrency(ies) private keys, and to track, transfer, and manage their cryptocurrency(ies) and account information and through which CryptoSphere can facilitate cryptocurrency(ies) Transactions pursuant to instructions submitted by a user or authorized entity to CryptoSphere (the “cryptocurrency(ies) Wallet”)
• A cryptocurrency(ies) payment service through which users can buy goods and services, and sell cryptocurrency(ies) to, CryptoSphere (the “Payment Service”); and

For verified users in certain countries, accounts you may fund with Bulgaria Currency (Lev), Chinese Yuan, Euros, British Pounds, U.S. Dollars, or Canadian Dollars for use in connection with the Payment Service, and/or other services as CryptoSphere may permit from time to time (each, a “Currency Wallet”).

Each of these CryptoSphere Services is described in detail below.

2. Creating a CryptoSphere Account.

2.1. Registration of CryptoSphere Account.
In order to use any of the CryptoSphere Services, you must first register by providing your name, e-mail address, password, and affirming your acceptance of this Agreement. Upon successful completion of the registration process, CryptoSphere will establish your CryptoSphere Basic/Free Account. CryptoSphere may, in our sole discretion, refuse to allow you to establish a CryptoSphere Account, or limit the number of CryptoSphere Accounts that a single user may establish and maintain at any time.

2.2. Identity Verification. In order to use certain features of the CryptoSphere Services, including certain transfers of cryptocurrency(ies) and/or currency, you may be required to provide CryptoSphere with certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, government identification number, and information regarding your bank account (e.g., financial institution, account type, routing number, and account number).

CryptoSphere may also require you to answer certain questions or take actions in order to verify your identity, provide the CryptoSphere 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 CryptoSphere if any information changes.

You hereby authorize CryptoSphere to, directly or through third parties make any inquiries we consider necessary to verify your identity and/or protect against fraud, including to query identity information contained in public reports (e.g., your name, address, past addresses, or date of birth), to query account information associated with your linked bank account or qualifying credit/debit cards (e.g., name or account balance), and to take action we reasonably deem necessary based on the results of such inquiries and reports. You further authorize any and all third parties to which such inquiries or requests may be directed to fully respond to such inquiries or requests.

3. Cryptocurrency(ies) Wallet.

3.1. Sending and Receiving cryptocurrency(ies).

3.1.1. As part of the services offered in connection with your CryptoSphere Account, CryptoSphere can help you send cryptocurrency(ies) to, and request and receive cryptocurrency(ies) from, third parties pursuant to instructions you provide through the CryptoSphere Site (each such transaction is a “Blockchain Transaction”). You may initiate a blockchain Transaction by going to the CryptoSphere MarketSphere Site, choosing to send or request, and entering the requisite information regarding the sender or recipient and the amount of cryptocurrency(ies) to be transferred. CryptoSphere will then communicate with the blockchain network on your behalf, as necessary, to facilitate each blockchain Transaction in accordance with these instructions.

3.1.2. CryptoSphere reserves the right to refuse to process or to cancel any pending blockchain Transaction as required by law or in response to a subpoena, court order, or other binding government order. CryptoSphere cannot reverse a blockchain Transaction which has been communicated to and confirmed by the blockchain network.

3.1.3. CryptoSphere processes cryptocurrency(ies) Transactions according to the instructions received from its users and we do not guarantee the identity of any user, receiver, requestee or other party. You should verify all transaction information prior to submitting instructions to CryptoSphere as the relevant cryptocurrency(ies) Transaction may not be cancelled or reversed once initiated.

3.1.4. If you initiate a blockchain Transaction by entering the recipient’s blockchain address, CryptoSphere will confirm that the blockchain address is valid; however, CryptoSphere cannot confirm that the blockchain address belongs to the intended recipient. In the event you initiate a blockchain Transaction by entering the recipient’s email address and the recipient does not have an existing CryptoSphere Account, CryptoSphere will email the recipient and invite them to open a CryptoSphere Account. If the designated recipient does not open a CryptoSphere Account within 30 days, CryptoSphere will return the cryptocurrency(ies) associated with the transaction to your CryptoSphere Account.

3.2 Cryptocurrency(ies) Storage & Transmission Delays. CryptoSphere securely stores 100% of all cryptocurrency(ies) private keys in our control in a combination of online and offline storage. As a result, it may be necessary for CryptoSphere to retrieve this information from offline storage in order to facilitate a cryptocurrency(ies) Transaction in accordance with your instructions, which may delay the initiation or crediting of such cryptocurrency(ies) Transaction for 48 hours or more. As a user of the CryptoSphere Services, you accept the risk that a cryptocurrency(ies) Transaction facilitated by CryptoSphere may be delayed and you agree not to hold CryptoSphere responsible for any damages or injury arising out of or related to such delay.

3.3. Your cryptocurrency(ies) Transactions.

3.3.1 Third Party Transactions. CryptoSphere has no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any goods or services that you may purchase or sell to or from a third party (including other users of CryptoSphere Services). CryptoSphere is not responsible for ensuring that a buyer or a seller you are dealing with will actually complete the transaction or is authorized to do so. If you experience a problem with any goods or services purchased from, or sold to, a third party in connection with cryptocurrency(ies) transferred using the CryptoSphere Services, or if you have a dispute with such third party, you must handle it directly with that third party. Due to the nature of cryptocurrency(ies), any cryptocurrency(ies) Transaction conducted using the CryptoSphere Services is final regardless of any defects in or non-delivery of any goods or services purchased in connection with such cryptocurrency(ies) Transaction, or any other aspect of your transaction or relationship with the relevant third party. If you believe a third party has behaved in a fraudulent, misleading, or inappropriate manner, or if you cannot adequately resolve a dispute with a third party, you may notify CryptoSphere Support at support@CryptoSphere.eu so that we may consider whether to take any action.

3.3.2. Refunds. CryptoSphere is not responsible for merchant refund policies. Certain merchants may wish to process a refund to you via a separate cryptocurrency(ies) Transaction having a value equal to the transaction amount being refunded, as expressed in local currency (e.g., Euros), based on the then current Conversion Rate. As a result, you may receive less (or more) cryptocurrency(ies) via a refund than you initially used to pay the Merchant.

3.3.3. Taxes. It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions associated with your receipt or transfer of cryptocurrency(ies), and/or to the cryptocurrency(ies) Transactions you conduct through the CryptoSphere services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. Your transaction history is available through your CryptoSphere Account.

3.4 Limits. CryptoSphere reserves the right to change the transfer, payment, storage and velocity limits applicable to your cryptocurrency(ies) Wallet in our sole discretion. We may require you to provide us with information about yourself and/or your cryptocurrency(ies) Transactions if your transactions exceed certain government reporting thresholds, such as thresholds regarding financial record-keeping and tax reporting.

3.5 Advanced Protocols. We do not currently support meta-coins, colored coins, or any advanced protocol which supplements the core cryptocurrency(ies) Protocol. CryptoSphere does not detect whether cryptocurrency(ies) Transactions associated with your CryptoSphere Account may involve any such protocol use. Do not use your CryptoSphere Account to effect any instruction or transfer involving an advanced protocol. CryptoSphere is not responsible for any loss which may result from such use.

4. Payment Service.

4.1. Transactions with CryptoSphere. When buying goods and services through the Payment Service you are selling cryptocurrency(ies) to CryptoSphere directly. In this capacity, CryptoSphere does not act as an intermediary or marketplace between other buyers and sellers of cryptocurrency(ies). The Payment Service is subject to the CryptoSphere “Conversion Rate.” “Conversion Rate” means the liquidity adjusted price of a given cryptocurrency(ies) amount in terms of local currency as quoted to you on the CryptoSphere Site at the time you begin a Payment transaction. For the purpose of any transaction which incorporates the Conversion Rate, you agree, as a condition of using any CryptoSphere Services, to accept the Conversion Rate as the sole conversion metric.

4.2. Limits. CryptoSphere imposes limits on the number of cryptocurrency(ies) that you may hold in a given moment, and that you may hold in your Currency Wallet, as further described in the Verification Procedures. CryptoSphere reserves the right to change posted limits as we deem necessary or appropriate from time to time. CryptoSphere does not guarantee the availability of its Payment Service, and the act of purchasing goods and services with CryptoSphere does not result in a guarantee that you may sell your cryptocurrency(ies) to CryptoSphere. If you wish to raise your limits, you may submit a request to support@CryptoSphere.eu. We may require you to submit additional information about yourself, provide records, and arrange for meetings with CryptoSphere’s Legal Team (such process, “Enhanced Due Diligence”). CryptoSphere reserves the right to charge you costs and fees associated with Enhanced Due Diligence, provided that we notify you in advance of any such charges accruing. In our sole discretion, we may refuse to raise your limits or we may lower your limits at a subsequent time even if you have completed Enhanced Due Diligence.

4.3. Payments.

4.3.1. You agree to have cryptocurrency(ies) in a CryptoSphere wallet to prior to using Payment Service. If your cryptocurrency(ies) in CryptoSphere wallet does not have sufficient funds to cover the purchase goods and services, CryptoSphere may immediately reverse/cancel the transaction. CryptoSphere is under no obligation to attempt to fulfill your purchase using an alternative payment method should your cryptocurrency(ies) payment method fail. You hereby authorize us to debit your Currency Wallet(s) or any of your payment methods which have been linked to your CryptoSphere Account for the full or partial amount of your purchase and any other amounts owed by you to us hereunder. We may resubmit debits or charges to your payment methods until all amounts owed by you to us hereunder are satisfied in full.

4.3.2. We may deduct cryptocurrency(ies) held by you in a cryptocurrency(ies) Wallet equal to purchase amount of goods and services if a payment is successful. If such a payment is subject to a chargeback, reversal, claim or is otherwise invalidated. We may settle a transaction back to your wallet in cryptocurrency(ies) at current conversion rate as of the moment of settlement.

4.3.3. Refunds. In the event of refund CryptoSphere will refund via a separate cryptocurrency(ies) Transaction having a value equal to the transaction amount being refunded, as expressed in local currency (e.g., Euros), based on the then current Conversion Rate. As a result, you may receive less (or more) cryptocurrency(ies) via a refund than you initially used to pay the Merchant.

4.3.4. We reserve the right to refuse to process, or to cancel or reverse, any purchases even after cryptocurrency(ies) have been deducted from your account(s), including but not limited to instances where CryptoSphere 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 CryptoSphere suspects the transaction relates to Prohibited Use or a Prohibited Business as set forth below. In such instances, CryptoSphere will reverse the transaction and we are under no obligation to allow you to reinitiate a purchase at the same price or on the same terms as the cancelled transaction.

4.3.5. You do not have a statutory right to withdraw from a transaction to settle payment with cryptocurrency(ies) once you have instructed CryptoSphere because the price of cryptocurrency(ies) fluctuates in accordance with the financial market for cryptocurrency(ies) which is outside the control of CryptoSphere.

5. Currency Wallet.

5.1. Currency Wallets. Users who have verified their identity with CryptoSphere and who reside in approved jurisdictions may establish and fund a Currency Wallet. Except as otherwise set forth herein, you may use your Currency Wallet only (1) to purchase cryptocurrency(ies) from CryptoSphere, (2) to receive the proceeds of cryptocurrency(ies) sales to CryptoSphere, (3) to transfer funds to and from your originating bank account, or (4) to transfer funds to and from a CryptoSphere Account. Once you have successfully completed the requisite Verification Procedures, you may transfer currency from your bank account to CryptoSphere using approved bank transfer methods in accordance with the limits set forth herein. Although CryptoSphere will not charge a fee to facilitate such transfers, you may be required to pay bank transfer fees.

5.2. Availability. CryptoSphere currently offers its Payment Services only in “Approved Countries,” listed on the website, You understand that only users who reside in Approved Countries and who are verified with the required level of verification applicable in the user’s country may transfer funds to CryptoSphere and fund a Currency Wallet. If you send funds to CryptoSphere and your Account has not been successfully verified for the required level of verification applicable in your country, or your residence or bank account is not within an Approved Country, or if you send funds in excess of the permitted daily limits, then CryptoSphere will return all or the excess portion of funds to the originating bank account without adding funds to your Currency Wallet. Bank fees may apply to such transfers, and you are responsible for any such fees. All funds held in a Currency Wallet are held on trust by CryptoSphere for the benefit of the user and may be used solely (1) to purchase cryptocurrency(ies) from CryptoSphere, (2) to transfer funds to your Trading Account, when permitted, (3) to refund you by transferring funds to your originating bank account, (4) to provide you with the proceeds of the sale of cryptocurrency(ies) to CryptoSphere by transferring funds to your bank account.

5.3. Limits. You may not initiate a deposit which exceeds your daily cryptocurrency(ies) buy limits. CryptoSphere reserves the right to restrict deposits into your Currency Wallet(s) and/or to require you to withdraw funds from your Currency Wallet(s) if CryptoSphere determines that your Currency Wallet(s) have reached, in sum, an excessive balance. You may not purchase or sell cryptocurrency(ies) in excess of your daily buy / sell limits, set forth below, regardless of the amount of funds held in your Currency Wallet(s).

6. General Use, Prohibited Use, and Termination.

6.1. General Use

6.1.1 Limited License. We grant you a limited, nonexclusive, nontransferable license, subject to the terms of this Agreement, to access and use the CryptoSphere Site, and the content, materials, information and functionality available in connection therewith (collectively, the “Content”) solely for informational, transactional, or other approved purposes as permitted by CryptoSphere from time to time. Any other use of the CryptoSphere Site or Content is expressly prohibited. All other rights in the CryptoSphere Site or Content are reserved by us and our licensors. We reserve all rights in the CryptoSphere Site and Content and you agree that this Agreement does not grant you any rights in or licenses to the CryptoSphere Site or the Content, except for this express, limited license.

You will not otherwise copy, transmit, distribute, sell, resell, license, de-compile, reverse engineer, disassemble, modify, publish, participate in the transfer or sale of, create derivative works from, perform, display, incorporate into another website, or in any other way exploit any of the Content or any other part of the CryptoSphere Site or any derivative works thereof, in whole or in part for commercial or non-commercial purposes. Without limiting the foregoing, you will not frame or display the CryptoSphere Site or Content (or any portion thereof) as part of any other web site or any other work of authorship without our prior written permission.

If you violate any portion of this Agreement, your permission to access and use the CryptoSphere Services may be terminated pursuant to this Agreement. In addition, we reserve the right to all remedies available at law and in equity for any such violation. “CryptoSphere.eu”, “CryptoSphere.us”, “CryptoSphere”, and all logos related to the CryptoSphere Services or displayed on the CryptoSphere Site are either trademarks or registered marks of CryptoSphere or its licensors. You may not copy, imitate or use them without CryptoSphere’s prior written consent.

6.1.2. Website Accuracy. Although we intend to provide accurate and timely information on the CryptoSphere Site, the CryptoSphere 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 CryptoSphere Site are your sole responsibility and we shall have no liability for such decisions.

6.1.3. Third-Party Materials. From time to time, the CryptoSphere Site may contain references or links to third-party materials (including without limitation websites) and third-party applications which are not controlled by us. Such information, links, and third-party applications are provided as a convenience to you. Such links should not be considered endorsements and such reference does not imply our recommendation, approval, affiliation, or sponsorship of that respective property, product, service, or process. 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 CryptoSphere Site, including without limitation content, property, goods or services available on the linked sites or services.

6.1.4. Third-Party Applications. If, to the extent permitted by CryptoSphere from time to time, you grant express permission to a third party to access or connect to your CryptoSphere Account, either through the third party’s product or service or through the CryptoSphere 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 using your CryptoSphere Account credentials. Further, you acknowledge and agree that you will not hold CryptoSphere responsible for, and will indemnify CryptoSphere from, any liability arising out of or related to any act or omission of any third party using your CryptoSphere Account credentials. You may change or remove permissions granted by you to third parties with respect to your CryptoSphere Account at any time through the Account Settings (Integrations) page on the CryptoSphere Site.

6.1.5. Developer’s Tools. Any person or entity who uses CryptoSphere’s Developer’s Tools (as defined in Part 4 of this Agreement) must comply with the terms of this General Use Agreement, including Part 4, and/or any other conditions as CryptoSphere may put into place in its sole discretion from time to time. The Developer’s Tools are owned by CryptoSphere and are licensed to Developer’s Tools users on a limited, non-exclusive, non-transferable, non-licensable basis. CryptoSphere reserves the right to restrict or limit use when, in its sole discretion, we identify abusive, burdensome, or prohibited use of the Developer’s Tools. Developer’s Tools users shall comply with all applicable laws, rules and regulations, including those relating to privacy, and shall not use the Developer’s Tools or related licensed material to facilitate or partake in any illegal, unauthorized, or improper activity, including any Prohibited Use or Prohibited Business as set forth herein.

6.1.6. Fiduciary Accounts/Custodial Assets. You hereby certify to us that any funds used by you in connection with the CryptoSphere Services are either owned by you or that you are validly authorized to carry out transactions using such funds. In particular, you acknowledge that CryptoSphere may not be a qualified custodian under applicable law, and represent that your use of the CryptoSphere Services is in compliance with any applicable requirements governing the maintenance and use of fiduciary accounts and custodial assets.

6.2. Prohibited Use. In connection with your use of the CryptoSphere Services, and your interactions with other users, and third parties you agree and represent you will not engage in any Prohibited Business or Prohibited Use defined herein. We reserve 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 governmental request. We reserve the right to cancel and/or suspend your CryptoSphere Account immediately and without notice if we determine, in our sole discretion, that your Account is associated with Prohibited Use and/or a Prohibited Business.

6.3. Export Controls & Sanctions. The supply of cryptocurrency(ies) and the CryptoSphere Services through the CryptoSphere Site is subject to international export controls and economic sanctions requirements. By acquiring any such items through the CryptoSphere Site, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire cryptocurrency(ies) or any of the CryptoSphere Services through the CryptoSphere Site if: (1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan, or Syria or any other country subject to United States embargo, UN sanctions, HM Treasury’s financial sanctions regime, or if you are on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Commerce Department’s Denied Persons List, Unverified List, Entity List HM Treasury’s financial sanctions regime; or (2) you intend to supply the acquired cryptocurrency(ies) or CryptoSphere Services to Cuba, Iran, North Korea, Sudan or Syria or any other country subject to United States embargo or HM Treasury’s financial sanctions regime (or a national or resident of one of these countries), or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List, Entity List, or HM Treasury’s financial sanctions regime.

6.4. Suspension, Termination, and Cancellation. CryptoSphere may: (a) suspend, restrict, or terminate your access to any or all of the CryptoSphere Services, and/or (b) deactivate or cancel your CryptoSphere Account if:

• We are so required by a facially valid subpoena, court order, or binding order of a government authority; or
• We reasonably suspect you of using your CryptoSphere Account in connection with Prohibited Business or Prohibited Use; or
• Use of your CryptoSphere Account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your Account activity; or
• Our service partners are unable to support your use; or
• You take any action that CryptoSphere deems as circumventing CryptoSphere’s controls, including, but not limited to, opening multiple CryptoSphere Accounts or abusing promotions which CryptoSphere may offer from time to time.

You will be permitted to transfer cryptocurrency(ies) or funds associated with your cryptocurrency(ies) Wallet(s) and/or your Currency Wallet(s) (defined below) for ninety (90) days after Account deactivation or cancellation unless such transfer is otherwise prohibited (i) under the law, or (ii) by a facially valid subpoena or court order. Merchant users are subject to additional cancellation policies set forth below. You may cancel your CryptoSphere Account at any time by transferring or exchanging all cryptocurrency(ies), closing all open Orders (defined below), withdrawing all funds associated with your cryptocurrency(ies) Wallet(s) and your Currency Wallet(s), and visiting your account settings at www.membersphere.cryptosphere.eu

You will not be charged for canceling your CryptoSphere Account and will only be required to pay for those CryptoSphere Services used that are subject to charges. If any transaction is in a pending state at the time your CryptoSphere Account is cancelled or suspended, such transaction may be cancelled and/or refunded as appropriate. You may not cancel your CryptoSphere Account to evade an investigation or avoid paying any amounts otherwise due to CryptoSphere. Upon cancellation of your CryptoSphere Account, you authorize CryptoSphere to cancel or suspend pending Conversion Service transactions and hold the funds associated with such transactions until CryptoSphere is certain that funding reversal windows are complete. In the event that you or CryptoSphere terminates this Agreement or your access to the CryptoSphere Services, or deactivates or cancels your CryptoSphere Account, you will remain liable for all amounts due hereunder. In the event that a technical problem causes system outage or Account errors, CryptoSphere may temporarily suspend access to your Account until the problem is resolved.

7. Our Relationship with You.

7.1. Relationship of the Parties. CryptoSphere is an independent contractor for all purposes. Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause, you and CryptoSphere to be treated as partners, joint ventures, or otherwise as joint associates for profit, or either you or CryptoSphere to be treated as the agent of the other.

7.2. Service Providers. From time to time, CryptoSphere may engage third parties to assist CryptoSphere in providing certain aspects of the CryptoSphere Services (each, a “Service Provider”). Service Providers may include, but are not limited to, CryptoSphere’s banking partners and technology or engineering service providers.

7.3. Your Privacy. Protecting your privacy is very important to CryptoSphere. Please review our Privacy Policy, which is hereby incorporated by reference into this Agreement, in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.

7.4. Privacy of Others; Marketing. If you receive information about another user through the CryptoSphere Services, you must keep the information confidential and only use it in connection with the CryptoSphere Services. You may not disclose or distribute a user’s information to a third party or use the information except as reasonably necessary to effectuate a transaction and other functions reasonably incidental thereto such as support, reconciliation and accounting unless you receive the user’s express consent to do so. You may not send unsolicited email to a user through the CryptoSphere Services.

7.5. Password Security and Keeping Your Contact Information Current. You are responsible for maintaining adequate security and control of any and all IDs, passwords, hints, personal identification numbers (PINs), API keys or any other codes that you use to access the CryptoSphere Services. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your CryptoSphere Account by third-parties and the loss or theft of any cryptocurrency(ies) and/or funds held in your CryptoSphere Account 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. We assume no responsibility for any loss that you may sustain due to compromise of your sensitive information or failure to follow or act on any notices or alerts that we may send to you. In the event you believe your CryptoSphere Account information has been compromised, contact CryptoSphere Support immediately at support@CryptoSphere.eu.

7.6. Consent to Electronic Records. By using the CryptoSphere Services, you agree that CryptoSphere may provide you with any notices or other communications about your CryptoSphere Account and the CryptoSphere Services electronically: (a) via email (in each case to the address that you provide), SMS message, or telephone call (in each case to the phone number that you provide), or (b) by posting to the CryptoSphere Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. If you do not wish to receive notices or other communications electronically, we will be unable to support your CryptoSphere Account and your CryptoSphere Account will be cancelled.

7.7. Notices to CryptoSphere. We prefer receiving notices to CryptoSphere electronically through our support system at support@CryptoSphere.eu.

8. Customer Feedback, Queries, and Complaints

8.1. Contact CryptoSphere. If you have any feedback, questions, or complaints, contact us via our Customer Support webpage at https://support.cryptosphere.eu. When you contact us please provide us with your name, address, and any other information we may need to identify you, your CryptoSphere Account, and the transaction on which you have feedback, questions, or complaints.

8.2. Complaints. In the event of a complaint, please set out the cause of your complaint, how you would like us to resolve the complaint and any other information you believe to be relevant. We will acknowledge your complaint within 24 hours of its receipt if you contact us via our Customer Support web page or email us at support@CryptoSphere.eu. A Customer Complaints officer (“Officer”) will consider your complaint. The Officer will consider your complaint without prejudice based on the information you have provided and any information provided by CryptoSphere. Within four weeks of our receipt of your complaint the Officer will address your complaint by sending you an e-mail (“Resolution Notice”) in which the Officer will: (i) offer to resolve your complaint in the way your requested; (ii) make a determination rejecting your complaint and set out the reasons for the rejection; or (iii) offer to resolve your complaint with an alternative solution. Upon receipt of the Resolution Notice, you will have 20 business days to accept or reject the offer or determination, which you must do by following the instructions set out in the Resolution Notice. Failure to respond to a Resolution Notice will be deemed to be a withdrawal of the complaint and an acceptance that we have no liability to you regarding the subject matter of the complaint. If you are late in responding to the Resolution Notice, CryptoSphere may treat your response as if it has been submitted on time.

8.3. Appeals. In the event that you reject an offer or determination (“Rejection”), please set out the reasons for the Rejection and include any additional information that you believe is pertinent to your complaint. Any Rejection will be treated as an application to appeal the offer or determination set out in the Resolution Notice. Our Customer Appeals committee (“Appeals Committee”) will impartially consider your complaint (including any additional information provided). We will acknowledge your Rejection within 24 hours of its receipt if you contact us in the prescribed electronic way, and within ten business days if you contact us in any other prescribed way. Within four weeks of our receipt of the Rejection the Appeals Committee will address your complaint by sending you an e-mail (“Final Notice”) in which the Appeals Committee will: (i) uphold the Resolution Notice; or (ii) reject the Resolution Notice. Notwithstanding its decision regarding the Resolution Notice, the Appeals Committee may also make a new offer to resolve the complaint. Upon receipt of the Final Notice, you will have 20 business days to accept or reject the offer or determination, which you must do by following the instructions set out in the Final Notice. CryptoSphere may extend the deadline for you to accept the offer. Failure to respond to a Final Notice will be deemed to be a withdrawal of the complaint and an acceptance that we have no liability to you regarding the subject matter of the complaint.

For consumers only: If you fail to respond to a Final Notice and file a claim in a competent court, your failure may be used as evidence of your unwillingness to settle the issue and/or the vexatious nature of the complaint.

8.4. Offers. Any offer made under this Section 8 will only become binding on CryptoSphere if you accept the offer by following the instructions provided by CryptoSphere within the stated timeframe. Any offer under this Section 8 will not constitute any admission by CryptoSphere of any wrongdoing or liability regarding the subject matter of the complaint. Any acceptance of an offer by you will constitute an acceptance that the complaint is resolved and an undertaking that you will not file a claim in any competent court against CryptoSphere regarding the subject matter of the complaint.

8.5. Claims. This provision only applies to consumers. You agree to use the complaints procedure of this Section 8 before filing any claim in a competent court. Failure to comply with this provision may be used as evidence of your unwillingness to settle the issue and/or the vexatious nature of the complaint.

9. General Provisions.

9.1. Limitations of Liability. (A) IN NO EVENT SHALL CRYPTOSPHERE, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE CRYPTOSPHERE SITE, THE CRYPTOSPHERE SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

(B) FOR CONSUMERS ONLY: WHERE APPLICABLE CONSUMER PROTECTION LAW LIMITS THE EFFECTIVENESS OF SECTION 9.1(A) WITH RESPECT TO CONSUMERS, SECTION 9.1(A) ONLY APPLIES TO THE MAXIMUM EXTENT AS PERMITTED BY LAW.

9.2. Sanctions Compliance. Pursuant to the economic sanctions programs administered in the countries where CryptoSphere conducts business, CryptoSphere is prohibited from providing services or entering into relationships with certain individuals and entities. In the event that CryptoSphere is required to block assets associated with your CryptoSphere Account in accordance with a sanctions program, or other similar government sanctions programs, CryptoSphere may (i) deactivate or cancel your cryptocurrency(ies) Wallet(s) and/or Currency Wallet(s) or block user activity, (ii) transfer cryptocurrency(ies) or funds from your cryptocurrency(ies) Wallet(s) and/or Currency Wallet(s) to an originating source or to an account specified by authorities, or (iii) require you to transfer your cryptocurrency(ies) or withdraw your funds from your cryptocurrency(ies) Wallet(s) or Currency Wallet(s) within a certain period of time. CryptoSphere is not responsible for any losses, whether direct or indirect, that you may incur as a result of our complying with applicable law, the guidance or direction of any regulatory authority or government agency, or any writ of attachment, lien, levy, subpoena, warrant or other legal order.

9.3. Computer Viruses. We shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware 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 CryptoSphere. Always log into your CryptoSphere Account through the CryptoSphere Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.

9.4. Release of CryptoSphere. If you have a dispute with one or more users of the CryptoSphere services, to the extent permitted by law, you release CryptoSphere, 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. In addition, to the extent permitted by law, in entering into this release you expressly waive any protections, that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

9.5. No Warranty. (A) THE CRYPTOSPHERE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. CRYPTOSPHERE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CRYPTOSPHERE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO ANY PART OF THE CRYPTOSPHERE SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, ERROR-FREE OR SECURE. OPERATION OF THE CRYPTOSPHERE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. WE ARE NOT RESPONSIBLE FOR THE CRYPTOCURRENCY MARKET, AND WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE REAL OR PERCEIVED VALUE OF CRYPTOCURRENCY AS DENOMINATED IN ANY QUOTED CURRENCY. ALTHOUGH WE MAY PROVIDE HISTORICAL AND/OR REAL-TIME DATA REGARDING THE PRICE OF CRYPTOCURRENCY, WE MAKE NO REPRESENTATIONS REGARDING THE QUALITY, SUITABILITY, TRUTH, USEFULNESS, ACCURACY, OR COMPLETENESS OF SUCH DATA, AND YOU SHOULD NOT RELY ON SUCH DATA FOR ANY REASON WHATSOEVER. YOU UNDERSTAND AND AGREE THAT THE VALUE OF CRYPTOCURRENCY CAN BE VOLATILE, AND WE ARE NOT IN ANY WAY RESPONSIBLE OR LIABLE FOR ANY LOSSES YOU MAY INCUR BY HOLDING OR TRADING CRYPTOCURRENCY, EVEN IF THE CRYPTOSPHERE SERVICES ARE DELAYED, SUSPENDED, OR INTERRUPTED FOR ANY REASON. FURTHER, CRYPTOSPHERE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, USEFULNESS, ACCURACY, OR COMPLETENESS OF THE CRYPTOSPHERE SERVICES OR ANY MATERIALS CONTAINED THEREIN. CRYPTOSPHERE 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 CRYPTOSPHERE MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE AMOUNT OF TIME NEEDED TO COMPLETE PROCESSING BECAUSE THE CRYPTOSPHERE SERVICES ARE DEPENDENT UPON MANY FACTORS OUTSIDE OF OUR CONTROL, SUCH AS DELAYS IN THE BANKING SYSTEM OR THE U.S. OR INTERNATIONAL MAIL SERVICE.

(B) FOR CONSUMERS ONLY: WHERE APPLICABLE CONSUMER PROTECTION LAW LIMITS THE EFFECTIVENESS OF SECTION 9.5(A) WITH RESPECT TO CONSUMERS, SECTION 9.5(A) ONLY APPLIES TO THE MAXIMUM EXTENT AS PERMITTED BY LAW.

9.6. Indemnification. You agree to indemnify and hold CryptoSphere, its affiliates and Service Providers, and each of 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 (i) your breach of this Agreement, (ii) your use of CryptoSphere Services, including the Developer’s Tools, or (iii) your violation of any law, rule or regulation, or the rights of any third party.

9.7. Entire Agreement. This Agreement sets forth the entire understanding and agreement between you and CryptoSphere 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), and every nature between and among you and CryptoSphere.

9.8. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CryptoSphere without restriction, including without limitation to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the CryptoSphere Services. Any attempted transfer or assignment 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.

9.9. Severability. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law or regulation or any governmental agency, local, state, or federal, 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.

9.10. Change of Control. In the event that CryptoSphere 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.

9.11. 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, CryptoSphere Account cancellation, debts owed to CryptoSphere, general use of the CryptoSphere Site, disputes with CryptoSphere, and general provisions, shall survive the termination or expiration of this Agreement.

9.12. Governing Law and Jurisdiction. This Agreement will be governed by English law except that for residents of Scotland and Northern Ireland any consumer protection granted under Scots law or Northern Irish law (as applicable) that exceeds those under English law will still apply for your protection. Subject to Section 8.4 and article 16 of the Council Regulation (EC) No 44/2001, this Agreement is subject to the jurisdiction of the English courts and, if you are resident in Scotland or Northern Ireland, the Scottish courts or the Northern Irish courts (as applicable) for the purpose of hearing and determining any dispute arising out of or in connection with this Agreement or its formation or validity.

9.13. 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, 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 our reasonable control and shall not affect the validity and enforceability of any remaining provisions.

9.14. Section Headings. Section headings in this Agreement are for convenience only, and shall not govern the meaning or interpretation of any provision of this Agreement.

9.15. English Language Controls. Notwithstanding any other provision of this Agreement, any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.