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Last updated: February 24, 2021

 

This User Agreement (“Agreement”) is a contract between you and TheCoinBros, LLC a company incorporated in California (“TheCoinBros,” “we”, “us” or “our”) and applies to your use of the TheCoinBros website, Bitcoin Transaction Machines (BTM) and all services described herein (collectively, “TheCoinBros Services”).

 

Introduction

By signing up to use a CoinBros ATM, you agree to comply with and be legally bound by this Agreement. If you do not agree to any of the terms in this Agreement, or any subsequent modification to this Agreement, you may not use any of TheCoinBros Services and must cancel your CoinBros account, free of charge, as set forth below.

 

We may amend this Agreement by posting on the CoinBros Site or emailing to you a 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 are required by law or on the instruction of a competent governmental agency. By continuing to use TheCoinBros Services once the revised Agreement is effective, you agree to be bound by the Agreement. We may (a) modify or discontinue any portion of TheCoinBros Services, and (b) limit or terminate your access to TheCoinBros Services, at any time, without notice to you. You agree that TheCoinBros shall not be liable to you or any third party for any modification or termination of TheCoinBros Services, or limitations or termination of your access to TheCoinBros Services, except to the extent otherwise expressly set forth herein.

 

To be eligible to use TheCoinBros Services, you must be at least 18 years old. By accessing or using TheCoinBros Services you represent and warrant that you are 18 or older.

Please note the following risks of using TheCoinBros Services:

  • Every Bitcoin Transaction is confirmed by the Bitcoin network. The confirmation takes a period of time, and will be unconfirmed during that period of time (usually less than one hour, but up to one day or more). A Bitcoin Transaction is not complete while it is being confirmed. Bitcoin associated with transactions that are in a pending state will be designated accordingly.
  • The risk of loss in trading or holding bitcoin can be substantial. Therefore, you should carefully consider whether trading or holding Bitcoin is suitable for you in light of your financial condition. The price or value of Bitcoin can change rapidly, decrease, and potentially even fall to zero. If you use CoinBros product which allows you and/or third parties to access and hold bitcoin private keys, you acknowledge that TheCoinBros is not responsible for safeguarding such keys and that TheCoinBros is not responsible for any loss of Bitcoin resulting from theft, loss, or mishandling of bitcoin private  keys outside its control.

 

  1. Basic TheCoinBros Services.

 

Your CoinBros Account encompasses the following TheCoinBros Services, among others:

  • One customer account  that allows users to purchase Bitcoin with cash through which TheCoinBros can facilitate Bitcoin Transactions pursuant to instructions submitted by a user or authorized entity to TheCoinBros (the “Customer Account”);
  • A Bitcoin conversion service through which users can buy Bitcoin from, and sell Bitcoin to, TheCoinBros (the “Conversion Service”); and each of these TheCoinBros Services is described in detail below.
  1. Creating a CoinBros Account.

2.1. Registration of TheCoinBros Account. In order to use any of TheCoinBros Services, you must first register at a BTM  by providing your name, phone number, identity document (if required) and affirming your acceptance of this Agreement. Upon successful completion of the registration process, TheCoinBros will establish your TheCoinBros Account. TheCoinBros may, in our sole discretion, refuse to allow you to establish CoinBros Account.

 

A limited account may be created with lower limits which do not require identification, but this may be changed at the discretion of TheCoinBros Team.

2.2. Identity Verification. In order to use certain features of TheCoinBros Services, including certain transfers of Bitcoin and/or currency, you may be required to provide TheCoinBros 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. TheCoinBros may also require you to answer certain questions or take actions in order to verify your identity, provide TheCoinBros 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 TheCoinBros if any information changes. You hereby authorize TheCoinBros to, directly or through third parties, make reasonably necessary inquiries to verify your identity and/or to protect against fraud, including to query identity information contained in public reports and to take actions we deem necessary. 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 Photographic Data. In opening an account with TheCoinBros, your photo selfie will be collected and stored by TheCoinBros for the purpose of verifying your identity. Your photographic data will be permanently deleted from TheCoinBros’s systems no later than five (5) years after your last transaction with TheCoinBros.   By agreeing to TheCoinBros’s Terms of Service, you agree to TheCoinBros’s collection, use, and storage of your photographic image for the above defined purpose.

 

  1. Bitcoin Transactions.

 

3.1. Transactions with TheCoinBros. When buying Bitcoin through our BTMs, you are buying from TheCoinBros directly.  TheCoinBros does not act as an intermediary or marketplace between other buyers and sellers of Bitcoin. The service is subject to TheCoinBros spot price, means the liquidity adjusted price of a given Bitcoin amount in terms of local currency as quoted to you on TheCoinBros Site at the time you begin a transaction. The spot price is stated as a “Buy Price,” the price in terms of local currency at which you purchase Bitcoin from TheCoinBros. For the purpose of any transaction which incorporates the spot price, you agree, as a condition of using any TheCoinBros Services, to accept the spot price as the sole conversion metric.

3.1.1. Bitcoin Purchase Transactions. After successfully completing the Verification Procedures for registered customer or limited unregistered procedures, you may purchase Bitcoin from TheCoinBros, subject to applicable limits. If your Bitcoin purchase is marked as complete or pending, you cannot cancel, reverse, or change the order. In connection with any purchase of Bitcoin from TheCoinBros, TheCoinBros will use good faith efforts to fulfill such purchase order at the applicable spot price quoted on TheCoinBros Site at the time that you place such order. However, from time to time, it may be necessary for TheCoinBros to delay fulfillment of a purchase order until such time as we are able to execute the transaction. In such cases, we will notify you through TheCoinBros Site prior to the completion of your purchase order that the amount of Bitcoin that you will receive will be determined based on the applicable spot price quoted on TheCoinBros Site at the subsequent point at which TheCoinBros, with your further approval, may execute your transaction.

3.1.2. Bitcoin Sale Transactions. TheCoinBros doesn’t currently offer sale transactions, but is looking to expand into this.

3.2. Third Party Transactions.  TheCoinBros does not permit the transmission of bitcoin to any third-party wallets. All purchases should generally be for the purchase of the registered/limited user.

3.2.1. Validity of Third Party Addresses.  If you initiate a Bitcoin Transaction by entering a third-party recipient’s Bitcoin  address, TheCoinBros has the right to alter the status of your account.

3.2.2. Bitcoin Storage & Transmission Delays. TheCoinBros does not hold any of private keys for its users. As such, you accept the risk that a Bitcoin Transaction facilitated by TheCoinBros may be delayed and you agree not to hold TheCoinBros responsible for any damages or injury arising out of or related to such delay.

3.2.3. Third Party Disputes.  TheCoinBros 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 TheCoinBros Services). TheCoinBros 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 bitcoin transferred using TheCoinBros 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 Bitcoin, any Bitcoin Transaction conducted using TheCoinBros Services is final regardless of any defects in or non-delivery of any goods or services purchased in connection with such Bitcoin 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 TheCoinBros Support at coinbros@tutanota.com so that we may consider whether or not further action is necessary.

3.3. Refunds. Bitcoin transactions are irreversible.  Therefore, TheCoinBros is not responsible for issuing refunds regardless of whether the customer was the victim of fraud, mistake or loss of private key.

3.4. 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 bitcoin, and/or to the Bitcoin Transactions you conduct through TheCoinBros Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities.

3.5. Limits. TheCoinBros imposes limits on the value of Bitcoin that you may buy in a day. TheCoinBros reserves the right to change posted limits as we deem necessary or appropriate. TheCoinBros does not guarantee the availability of its services.  If you purchase Bitcoin from TheCoinBros, we do not guarantee that you may sell your Bitcoin to TheCoinBros. If you wish to raise your limits beyond the posted amounts, submit a request to coinbros@tutanota.com. We may require you to submit additional information about yourself, provide records, and arrange for teleconferences with TheCoinBros staff (the “Enhanced Due Diligence Process”).

 

TheCoinBros reserves the right to charge your costs and fees associated with Extended 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 the Enhanced Due Diligence Process.

3.6. Conversion Fee. Each Conversion Service transaction is subject to a fee (the “Conversion Fee”) charged by TheCoinBros which consists of: (a) a fee for the conversion of local currency (e.g., U.S. Dollars) for Bitcoin (or vice versa) which is calculated as a percentage of the local currency to be converted, plus (b) either of: (i) a fixed transfer fee which may be applied to cover applicable bank fees, if any, or (ii) a convenience fee. TheCoinBros will not process a conversion if a fixed transfer fee exceeds the value of your transaction. The applicable Conversion Fee will be displayed to you on TheCoinBros Site prior to your confirmation of a Conversion Service transaction.

               3.7. Payments.

3.7.1. You agree to pay for any Bitcoin purchase made upon confirmation of an order, regardless of changes in the applicable Buy Price Conversion Rate prior to completion of the purchase transaction, with such payment to be made in good funds in the amount calculated in the manner specified herein.

3.7.2. Prior to the completion of any transaction, we reserve the right to refuse to cancel any proposed purchases or sales of Bitcoin or transfers to or from your Wallet(s) in our sole discretion, including but not limited to instances where TheCoinBros 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 TheCoinBros suspects the transaction relates to Prohibited Use or a Prohibited Business as set forth below. TheCoinBros will cancel the transaction before execution and we are 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.

3.7.3. Once a transaction is completed, the transaction is permanent and irreversible.  You cannot withdraw from a transaction to buy or sell Bitcoin once you have agreed to the terms of a transaction with TheCoinBros, even if the price of Bitcoin fluctuates.  TheCoinBros has no control over the market price for Bitcoin.

 

  1. General Use, Prohibited Use, and Termination.

              4.1. General Use.

4.1.1 Limited License. We grant you a limited, nonexclusive, nontransferable license, subject to the terms of this Agreement, to access and use TheCoinBros 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 TheCoinBros from time to time. Any other use of TheCoinBros Site or Content is expressly prohibited. All other rights in TheCoinBros Site or Content are reserved by us and our licensors. We reserve all rights in TheCoinBros Site and Content and you agree that this Agreement does not grant you any rights in or licenses to TheCoinBros 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 TheCoinBros 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 TheCoinBros Site or Content (or any portion thereof) as part of any other website 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 TheCoinBros 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. “TheCoinBros.tech”, “TheCoinBros”, and all logos related to TheCoinBros Services or displayed on TheCoinBros Site are either trademarks or registered marks of TheCoinBros or its licensors. You may not copy, imitate or use them without TheCoinBros’s prior written consent.

4.1.2. Website Accuracy.  We intend to provide accurate and timely information on TheCoinBros Site.  However, TheCoinBros Site may not always be 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 TheCoinBros Site are your sole responsibility and we shall have no liability for such decisions.

4.1.3. Third-Party Materials. From time to time, TheCoinBros Site may contain references or links to third-party materials 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 TheCoinBros Site.

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

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

4.2. Prohibited Use. In connection with your use of TheCoinBros 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 TheCoinBros 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.

4.3. Export Controls & Sanctions. The supply of Bitcoin and TheCoinBros Services through TheCoinBros Site is subject to United States laws and regulations. By acquiring any such items through TheCoinBros 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 Bitcoin or any of TheCoinBros Services through TheCoinBros 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 Bitcoin or TheCoinBros 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.

 

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

 

  • We are so required by a valid subpoena, court order, or order of a government authority;
  • We have reason to believe you are using your TheCoinBros Account in connection with Prohibited Business or Prohibited Use;
  • We are notified that your TheCoinBros Account is subject of or 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;
  • Our Service Partners are unable to support your use; or
  • We have reason to believe that you are circumventing TheCoinBros’s controls, including, but not limited to, opening multiple TheCoinBros Accounts or abusing promotions which TheCoinBros may offer from time to time.

 

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

 

  1. Our Relationship with You.

 

5.1. Relationship of the Parties. TheCoinBros 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 TheCoinBros to be treated as partners, joint ventures, or otherwise as joint associates for profit, or either you or TheCoinBros to be treated as the agent of the other.

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

5.3. Your Privacy. Protecting your privacy is very important to TheCoinBros. 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.

5.4. Privacy of Others; Marketing. In the unlikely scenario that you obtain information about another user through TheCoinBros Services, you must keep the information confidential. 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.

5.5. Login Credentials 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 TheCoinBros Services. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your TheCoinBros Account and the loss or theft of any bitcoin and/or funds held in your TheCoinBros Account and any associated accounts. 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 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 TheCoinBros Account information has been compromised, contact TheCoinBros Support immediately at coinbros@tutanota.com.

5.6. Consent to Electronic Records. By using TheCoinBros Services, you agree that TheCoinBros may provide you with any notices or other communications about your TheCoinBros Account and TheCoinBros 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 TheCoinBros 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 TheCoinBros Account and your TheCoinBros Account will be cancelled.

5.7. Notices to TheCoinBros. We prefer receiving notices to TheCoinBros electronically through our support system at coinbros@tutanota.com.

  1. Customer Feedback, Queries, and Complaints

 

6.1. Contact TheCoinBros. If you have any feedback, questions, or complaints, contact us via our Customer Support email address at coinbros@tutanota.com. Please provide your name, address, and any other information we may need to identify you, your TheCoinBros Account, and the transaction on which you have feedback, questions, or complaints.

6.2. 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 by our Customer Support email at coinbros@tutanota.com. A Customer Complaints officer (“Officer”) will review your complaint. The Officer will consider your complaint without prejudice based on the information you have provided and any information provided by TheCoinBros. Within two 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.

6.3. Appeals. In the event that you reject an offer or determination (“Rejection”), please set out the reasons for the Rejection and include all 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 Appeal within 48 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. Failure to respond to a Final Notice will be deemed to be a withdrawal 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.

6.4. Offers. Any offer made under this Section 6 will only become binding on TheCoinBros if you accept the offer by following the instructions provided by TheCoinBros within the stated timeframe. Any offer under this Section 6 will not constitute any admission by TheCoinBros 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 TheCoinBros regarding the subject matter of the complaint.

6.5. Claims. This provision only applies to consumers. You agree to use the complaints procedure of this Section 6 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.

 

  1. General Provisions.

 

7.1. Limitations of Liability. (A) IN NO EVENT SHALL THECOINBROS, 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 THECOINBROS SITE, THECOINBROS SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

(B) FOR CONSUMERS ONLY: WHERE APPLICABLE CONSUMER PROTECTION LAW LIMITS THE EFFECTIVENESS OF SECTION

7.1(A) WITH RESPECT TO CONSUMERS, SECTION 7.1(A) ONLY APPLIES TO THE MAXIMUM EXTENT AS PERMITTED BY LAW.

7.2. 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 TheCoinBros. Always log into your TheCoinBros Account through TheCoinBros Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.

7.3. Release of TheCoinBros from Disputes with Other Users. If you have a dispute with one or more users of TheCoinBros services, to the extent permitted by law, you release TheCoinBros, 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.

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

(B) FOR CONSUMERS ONLY: WHERE APPLICABLE CONSUMER PROTECTION LAW LIMITS THE EFFECTIVENESS OF SECTION 7.5(A) WITH RESPECT TO CONSUMERS, SECTION 7.5(A) ONLY APPLIES TO THE MAXIMUM EXTENT AS PERMITTED BY LAW.

7.5. Indemnification. You agree to indemnify and hold TheCoinBros, 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 TheCoinBros Services, or (iii) your violation of any law, rule or regulation, or the rights of any third party.

7.6. Entire Agreement. This Agreement sets forth the entire understanding and agreement between you and TheCoinBros as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind and every nature between and among you and TheCoinBros.

7.7. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TheCoinBros without restriction, including without limitation to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with TheCoinBros 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.  In the event that TheCoinBros 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.

7.8. Severability. If any provision of this Agreement shall be determined to be unenforceable under any rule, law or regulation of any governmental agency, such provision will be 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.

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

7.10. Governing Law and Jurisdiction. This Agreement will be governed by Californiaa law.

7.11. 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.

7.12. 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.

 

APPENDIX 1: PROHIBITED BUSINESSES AND PROHIBITED USE

The following categories of businesses, business practices, and sale items are barred from TheCoinBros Services (“Prohibited Businesses”). By opening CoinBros Account, you confirm that you will not use TheCoinBros Services to accept payments in connection with the following businesses, activities, practices, or items:

  1. Operating as an unlicensed money transmitter, money service, payment service provider, e-money, or any other financial services business which requires licensure, including but not limited to exchanges of virtual currencies, sales of money orders or traveler’s checks, and escrow services
  2. Counterfeit products or any product or service that infringes upon the copyright, trademark, or trade secrets of any third party
  3. Stolen goods
  4. Narcotics, controlled substances, prescription and pharmaceutical services, drug paraphernalia, or any substances designed to mimic illegal drugs
  5. Gambling
  6. Sports forecasting or odds making
  7. Prostitution or illegal escort services
  8. Violent acts towards self or others, or activities or items that encourage, promote, facilitate or instruct others regarding the same
  9. Funding any of the items included on this Prohibited Businesses list
  10. Extortion, blackmail, or efforts to induce unearned payments
  11. Unlicensed sale of firearms and certain weapons
  12. Engaging in deceptive marketing practice
  13. Any business that violates any law, statute, ordinance or regulation

You may not use your TheCoinBros Account to engage in the following categories of activity (“Prohibited Use”).

By opening CoinBros Account, you confirm that you will not use your Account to do any of the following:

  1. Violate or assist any party in violating any law, statute, ordinance, regulation, or any rule of any self-regulatory or similar organization of which you are or are required to be a member (for example, those laws, rules, or regulations governing financial services, controlled substances, or consumer protections)
  2. Partake in a transaction which involves the proceeds of any unlawful activity;
  3. Partake in any transaction involving online gambling;
  4. Defraud or attempt to defraud TheCoinBros or other TheCoinBros users;
  5. Infringe upon TheCoinBros’s or any third party’s copyright, patent, trademark, or intellectual property rights;
  6. Provide false, inaccurate, or misleading information;
  7. Take any action that imposes an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information;
  8. Interfere with another individual’s or entity’s access to or use of any of TheCoinBros Services;
  9. Defame, abuse, harass, stalk, threaten, or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others;
  10. Publish, distribute, or disseminate any unlawful material or information;

 

You may contact coinbros@tutanota.com to request larger daily limits. TheCoinBros will require you to submit to Extended Due Diligence. TheCoinBros does not guarantee that we will raise your limits.

 

APPENDIX 3: E-SIGN DISCLOSURE AND CONSENT

This policy describes how TheCoinBros delivers communications to you electronically.

 

Electronic Delivery of Communications

You agree to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide in connection with your TheCoinBros Account and your use of TheCoinBros Services. Communications include:

  • Terms of use and policies you agree to (e.g., TheCoinBros User Agreement and Privacy Policy), including updates to these agreements or policies;
  • Account details, transaction receipts, confirmations, and any other Account or transaction information;
  • Legal, regulatory, and tax disclosures or statements we may be required to make available to you;
  • Responses to claims or customer support inquiries filed in connection with your Account; and
  • Occasional advertisements regarding discounts and other promotional material.

 

We will provide these Communications to you by posting them on TheCoinBros website, emailing them to you at the primary email address listed in your TheCoinBros profile, communicating to you via instant chat, and/or through other electronic communication such as text message or mobile push notification.

 

Hardware and Software Requirements

In order to access and retain electronic Communications, you will need the following computer hardware and software

  • A device with an Internet connection;
  • A current web browser that includes 128-bit encryption (e.g. Internet Explorer version 9.0 and above, Firefox version 3.6 and above, Chrome version 31.0 and above, or Safari 7.0 and above) with cookies enabled;
  • A valid email address (your primary email address on file with TheCoinBros); and
  • Sufficient storage space to save past Communications or an installed printer to print them.

 

How to Withdraw Your Consent

You may withdraw your consent to receive Communications electronically by e-mailing us at coinbros@tutanota.com, or by selecting the opt-out option via text message.

 

Updating your Information

It is your responsibility to provide us with a true, accurate and complete e-mail address and your contact information, and to keep such information up to date. You understand and agree that if TheCoinBros sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, TheCoinBros will be deemed to have provided the Communication to you.

You may update your information by logging into your account and visiting settings or by contacting our support team via e-mail at coinbros@tutanota.com.

 

TheCoinBros SMS Communications

  1. By submitting your phone number in CoinBros web form, you consent to receive one or more automated texts at the phone number from which you texted or at the phone number you entered in the form.
  2. We will not be liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your mobile service operator. SMS MESSAGE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, AND WE MAKE NO WARRANTY,  EXPRESS OR IMPLIED, AND ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY DISCLAIMED.
  3. Data obtained from you in connection with this SMS service may include your cell phone number, your carrier’s name, and the date, time and content of your messages, as well as other information that you provide. We may use this information to contact you and to provide the services you request from us.
  4. By subscribing, you consent to receive two-factor authentication texts to confirm your identity at our ATM network and transaction receipts
  5. By subscribing or otherwise using the service, you acknowledge and agree that we will have the right to change and/or terminate the service at any time, with or      without cause and/or advance notice.
  6. To cancel your SMS subscriptions, text STOP to 888-420-9816 in reply to a text message you receive. You may receive a subsequent message confirming your opt-out request.
    1. Transmit or upload any material to TheCoinBros Site that contains viruses, Trojan horses, worms, or any other harmful or deleterious programs;
    2. Harvest or otherwise collect information from TheCoinBros Site about others, including without limitation email addresses, without proper consent;
    3. Act as a payment intermediary or aggregator or otherwise resell any of TheCoinBros Services, unless expressly authorized by TheCoinBros in writing;
    4. Transfer any rights granted to you under this Agreement;
    5. Use TheCoinBros Account information of another party to access or use TheCoinBros Site, except  in the case of specific Merchants and/or applications which are specifically authorized by a user to access such user’s TheCoinBros Account and information;
    6. Otherwise attempt to gain unauthorized access to TheCoinBros Site, other TheCoinBros Accounts, computer systems or networks connected to TheCoinBros Site, through password mining or any other means; or
    7. Engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law.

 

APPENDIX 2: VERIFICATION PROCEDURES AND LIMITS

TheCoinBros uses multi-level systems and procedures to collect and verify information about you in order to protect TheCoinBros and the community from fraudulent users, and to keep appropriate records of TheCoinBros’s customers. Your daily or weekly Conversion limits, Trading limits, and limits on transactions from a linked account are based on the identifying information and/or proof of identity you provide to TheCoinBros.

 

Notwithstanding minimum verification procedures for the referenced TheCoinBros Services, TheCoinBros may require you to provide or verify additional information, or to wait some amount of time after completion of a transaction, before permitting you to use any TheCoinBros Services and/or before permitting you to engage in transactions beyond certain volume limits. You may determine the volume limits associated with your level of identity verification by visiting your account’s Limits page.

If TheCoinBros cannot successfully verify your name, address, date of birth, and/or identification are authentic and accurate, certain TheCoinBros Services may not be available to you. From time to time, TheCoinBros may impose limits on the balance you may store in your Wallet.

 

Customer Support: coinbros@tutanota.com