These Terms of Service
and any amendments and restatements hereof (the “Agreement”) form a
legal agreement covering the provision of services from Cytreex to you,
including offering a marketplace to enable buyers and sellers of “Digital
Assets” (such term to be broadly understood to include digital currencies such
as Bitcoin, Tether, and others, supported by a Cytreex wallet) to engage in
transactions with each other (the “Marketplace”), offering hosted
digital wallet services, holding and releasing Digital Assets as instructed
upon completion of a purchase of Digital Assets and any other services
described in this Agreement (collectively the “Services” and
individually, a “Service”) provided by Cytreex, Inc. and all of its
affiliates, including but not limited to Cytreex USA, Inc.(collectively, “Cytreex”
or “we” or “us” or the “company”) to you as an individual (also
referred to as a “user” or “you”). Cytreex.com and its related
Services are owned and operated by Cytreex. Your use of the Services will be
governed by this Agreement, along with our Privacy Policy, Cookie Policy, and E-Sign Consent.
THESE TERMS REQUIRE
THE USE OF ARBITRATION TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS
ACTIONS.
By signing up to use
an account through cytreex.com, or any associated websites, APIs, or mobile
applications, including any URLs operated by Cytreex (collectively the “Cytreex
Website” or the “Website”), you agree that you have carefully and
thoroughly read, understand, and accept all of the terms and conditions
contained in this Agreement including our Privacy Policy, Cookie Policy, and E-Sign Consent.
THE VALUE OF DIGITAL
ASSETS CAN GO UP OR DOWN AND THERE CAN BE A SUBSTANTIAL RISK THAT YOU LOSE
MONEY BUYING, SELLING, HOLDING, OR INVESTING IN DIGITAL ASSETS. YOU SHOULD
CAREFULLY CONSIDER WHETHER TRADING OR HOLDING DIGITAL ASSETS IS SUITABLE FOR
YOU IN LIGHT OF YOUR FINANCIAL CONDITION.
About Cytreex and its Services
Cytreex is a leading peer-to-peer marketplace to facilitate the
purchase and sale of Digital Assets with sellers accepting more than 300
payment methods in exchange for their Digital Assets. Payment methods are
negotiated and exchanged on a peer-to-peer basis between the buyers in the
Marketplace (“Buyers”)
and sellers in the Marketplace (“Sellers”).
Our users agree upon which payment methods to use to complete a transaction and
are fully responsible and liable for using such payment methods in a lawful
manner.
Cytreex also offers hosted digital wallet services through a
leading global digital asset wallet provider. Our worldwide user base is able
to post offers to either buy or sell Digital Assets in a variety of convenient
methods. The creator of the offer is responsible for listing terms of the
transaction, including the payment methods the Seller will accept. Once an
offer is selected by another Cytreex user, the Seller’s Digital Assets are
locked as part of our transaction procedures (which we refer to as “Cytreex Escrow”)
until all conditions necessary to consummate the transaction have occurred. The
sale is complete and Digital Assets are unlocked and released to the Buyer by
the Seller once the Buyer has completed the terms of the transaction and
payment has been confirmed valid and received by the Seller. CYTREEX DOES NOT
ACT AS A PAYMENT PROCESSOR. ALL LIABILITY FOR SENDING AND RECEIVING PAYMENT AND
CONFIRMING THE VALIDITY OF THE TRANSACTIONS LIE BETWEEN THE BUYER AND SELLER.
The Digital Assets we lock are released back to the Seller if the Buyer chooses
to cancel the transaction. The Seller may not cancel the transaction at any
point. The Seller only has the option to unlock the Digital Assets and release them
to the Buyer. This is for the security protection of the Buyer. Should a Seller
need to cancel the transaction due to a Buyer not following the terms of the
transaction, they must start a dispute and provide a reason for doing so as
further described in Section 8 of this Agreement. Transactions on our Website
are conducted between the Buyers and Sellers. Accordingly, Cytreex is not a
party to any transaction.
The hosted digital currency wallet service provided by Cytreex
is a secure method of storing, sending, and receiving digital currency. Cytreex
does not store or custody of any Digital Assets. Digital Assets are always
stored on their respective networks or blockchains. All digital currency
transactions occur within the digital currency network, not on Cytreex. There
are no guarantees that the transaction will process on the digital currency
network. Cytreex reserves the right to refuse to process any transaction if
required by law or if we deem the transactions to be against our terms and
conditions in this Agreement. You hereby accept and acknowledge that you take
full responsibility for all activities that occur under your wallet and accept
all risks of any authorized or unauthorized access to your wallet, to the
maximum extent permitted by law.
1.
GENERAL
- We
reserve the right to amend, modify, change or revise this Agreement at
any time, in our sole and absolute discretion and without prior notice.
Any such changes in respect of your use of the Services will take effect
when posted on the Cytreex Website and not retroactively. If you have
supplied us with an email address, we may also notify you by email that
the Agreement has been revised. If you do not agree to the terms of the
revised Agreement, your sole and exclusive remedy are to promptly
terminate your use of the Services and close your account.
- It is
your responsibility to read the Agreement carefully and periodically
review this Agreement as posted on the Cytreex Website. Your continued
use of the Services shall signify your acceptance to be bound by the
then-current Agreement.
- Failure
or delay by Cytreex in enforcing or partially enforcing any provision of
the Agreement shall not be construed as a waiver of any of our rights or
remedies.
2.
ACCOUNT & REGISTRATION
- In
order to use the Services, you will need to register an account through
our Website. During the registration process, we will ask you for certain
information, including but not limited to, your name, address, and other
personal information to verify your identity. We may, in our sole and
absolute discretion, refuse to maintain an account for you. You hereby
accept and acknowledge that you: (a) are of legal age in your respective
jurisdiction to agree to this Agreement; and (b) have not previously been
suspended or removed from using our Services.
- By
using your account, you agree and represent that you will use our
Services for yourself and you may not use your account to act as an
intermediary or broker for any other third party, person, or
entity. Unless expressly authorized by Cytreex, you are only allowed
to have one account and are not allowed to sell, borrow, share or
otherwise make available your account or any detail necessary to access
your account to people or entities other than yourself. You are solely
responsible and liable for maintaining adequate security and control of
any and all usernames, email addresses, passwords, two-factor
authentication codes, or any other codes or credentials that you use to
access the Services. Your account must not contain misleading or
fraudulent information. Creating false information for your account,
falsifying your country of origin, or providing fraudulent identification
documents is strictly prohibited.
- During
the registration of your account, you agree to provide us with the
information we request for the purposes of identity verification and the
detection of money laundering, terrorist financing, fraud, or any other
financial crime and permit us to keep a record of such information. You
will need to complete certain verification procedures before you are
permitted to use the Services, which procedures may be modified as a
result of information collected about you on an ongoing basis. The
information we request may include certain personal information,
including, but not limited to, your name, address, telephone number,
e-mail address, date of birth, social security number, taxpayer
identification number, and government identification. In providing us
with this or any other information that may be required, you confirm that
all of the information is true, accurate, and not misleading. You agree
to promptly keep us updated if any of the information you provide
changes. YOU AUTHORIZE US TO MAKE INQUIRIES, WHETHER DIRECTLY OR THROUGH
THIRD PARTIES, THAT WE CONSIDER NECESSARY TO VERIFY YOUR IDENTITY OR PROTECT
YOU AND/OR US AGAINST FRAUD OR OTHER FINANCIAL CRIME, AND TO TAKE ACTION
WE DEEM NECESSARY BASED ON THE RESULTS OF SUCH INQUIRIES. WHEN WE CARRY
OUT THESE INQUIRIES, YOU ACKNOWLEDGE AND AGREE THAT YOUR PERSONAL
INFORMATION MAY BE DISCLOSED TO CREDIT REFERENCE AND FRAUD PREVENTION OR
FINANCIAL CRIME AGENCIES AND THAT THESE AGENCIES MAY RESPOND TO OUR
INQUIRIES IN FULL.
4. If you are using the
Services on behalf of a legal entity such as a corporate entity, you further
represent and warrant that: (i) the legal entity is duly organized and validly
existing under the applicable laws of the jurisdiction of its organization; and
(ii) you are duly authorized by such legal entity to act on its behalf. A
corporate-verified account is specific to that legal entity and can only be
used by the person who registered it. Corporate accounts are not allowed to be
shared with or used by other individuals or entities. Corporate accounts that
are verified are allowed the following limited exemptions:
- An
approved corporate account may have several active user accounts at any
time, provided they are all company-verified and operated by designated
employees of the company that have been previously disclosed and
approved by Cytreex in its sole
and absolute discretion;
- Corporate
accounts may only have one active offer for a specific transaction at
any one time and are not allowed to have multiple offers for such
specific transaction from their other corporate accounts.
You
are solely responsible for creating a strong password and 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 our Services. Any loss or compromise of the foregoing
information and/or your personal information may result in unauthorized
access to your account by third parties and the loss or theft of any
Digital Assets and/or funds associated with your account, including your
linked payment methods. You are solely responsible for keeping your email
address, telephone number and other contact details up to date in your
account profile in order to receive any notices or alerts that we may
send you. You
should never allow remote access or share your computer screen with
someone else when you are logged on to your account. We assume no
responsibility for any loss that you may sustain due to the compromise of
account login credentials due to no fault of Cytreex and/or your failure
to follow or act on any notices or alerts that we may send to you.
To use
our Services you may need to fulfill certain legal obligations in your
country and/or state of residence. By accepting these terms in this
Agreement, you confirm that you have reviewed your local laws and
regulations and that you are aware of, and fulfill, any and all such
obligations. Due to legal or regulatory prohibitions, we do not offer the
use of our Services in certain jurisdictions. By accepting the terms in
this Agreement, you confirm that you are not a resident or governed by
the laws and regulations of those jurisdictions.
We may
not make all of the Services available in all markets and jurisdictions
and may restrict or prohibit use of all or a portion of the Services from
certain jurisdictions (“Restricted
Jurisdictions”). At this time, Restricted Jurisdictions
include those that are identified on our “List of Banned
Countries”,
and the States of Washington and New York. Additionally, the Services are
not available with respect to the digital currency, Tether (USDT), to
users residing in the State of Texas. You must not attempt to use our
Services if you are located in any of those Restricted Jurisdictions. You
must not attempt to circumvent any restrictions imposed via the Services,
such as by obscuring your IP address or submitting any inaccurate
information regarding your location.
NO WARRANTY, LIMITATION OF
LIABILITY & ASSUMPTION OF RISK
- THE
SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY
GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED OR
STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CYTREEX
SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. CYTREEX DOES
NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE WEBSITE,
ANY PART OF THE SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL
BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE. CYTREEX IS NOT
LIABLE FOR ANY DISRUPTION OR LOSS A USER MAY SUFFER. YOU HEREBY
ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT
OR UNDERSTANDING, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND
ACCESS OF THE SERVICES AND WEBSITE. WITHOUT LIMITING THE FOREGOING, YOU
HEREBY ACKNOWLEDGE AND ACCEPT THE VARIOUS RISKS INHERENT TO USING DIGITAL
CURRENCY INCLUDING BUT NOT LIMITED TO HARDWARE FAILURE, SOFTWARE ISSUES,
INTERNET CONNECTION FAILURE, MALICIOUS SOFTWARE, THIRD PARTY INTERFERENCE
LEADING TO LOSS OR LACK OF ACCESS TO YOUR ACCOUNT OR WALLET AND OTHER
USER DATA, SERVER FAILURE OR DATA LOSS. YOU ACCEPT AND ACKNOWLEDGE THAT CYTREEX
WILL NOT BE RESPONSIBLE FOR ANY COMMUNICATION FAILURES, DISRUPTIONS,
ERRORS, DISTORTIONS OR DELAYS YOU MAY EXPERIENCE WHEN USING THE SERVICES,
HOWEVER CAUSED.
- IN NO
EVENT SHALL CYTREEX, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF
THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, ADVISORS,
CONSULTANTS OR REPRESENTATIVES, BE LIABLE (A) FOR ANY AMOUNT GREATER THAN
THE VALUE OF TOTAL FEES PAID BY YOU FOR THE SERVICE THAT IS SUBJECT OF
THE CAUSE OF ACTION IN THE TWELVE (12) MONTHS PRIOR TO THE LOSS ARISING
OR (B) FOR ANY LOST PROFITS, DIMINUTION IN VALUE OR BUSINESS OPPORTUNITY,
ANY LOSS, DAMAGE, CORRUPTION OR BREACH OF DATA OR ANY OTHER INTANGIBLE
PROPERTY OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR
CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH
AUTHORIZED OR UNAUTHORIZED USE OF THE SITE OR THE SERVICES, OR THIS
AGREEMENT, EVEN IF AN AUTHORIZED REPRESENTATIVE OF CYTREEX HAS BEEN
ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH
DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF
ITS ESSENTIAL PURPOSE, EXCEPT TO THE EXTENT OF A FINAL JUDICIAL
DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF CYTREEX’S GROSS
NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
- We do
not own or control the underlying software protocols which govern the
operation of Digital Assets. Generally, the underlying protocols are open
source, and anyone can use, copy, modify, and distribute them. We assume
no responsibility for the operation of the underlying protocols and we
are not able to guarantee the functionality or security of network operations.
In particular, the underlying protocols may be subject to sudden changes
in operating rules (including “forks”).
Any such material operating changes may materially affect the
availability, value, functionality, and/or the name of such digital currency.
Cytreex does not control the timing and features of these material
operating changes. It is your responsibility to make yourself aware of
upcoming operating changes and you must carefully consider publicly
available information and information that may be provided by Cytreex in
determining whether to continue to use the Services. In the event of any
such operational change, Cytreex reserves the right to take such steps as
may be necessary to protect the security and safe operation of its
platform, including temporarily suspending operations for the involved
digital currency(ies), and other necessary steps. Cytreex will use its
reasonable efforts to provide you notice of its response to any material
operating change; however, such changes are outside of our control and
may occur without notice to Cytreex. Our response to any material
operating change is subject to our sole discretion and includes deciding
not to support any new fork or other actions. You acknowledge and accept
the risks of operating changes to Digital Assets’ protocols and agree
that Cytreex is not responsible for such operating changes and not liable
for any loss of value you may experience as a result of such changes in
operating rules. You acknowledge and accept that Cytreex has sole
discretion to determine its response to any operating change and that we
have no responsibility to assist you with unsupported currencies or
protocols.
- In
using our Services, you may view content or utilize Services provided by
third parties, including hyperlinks to third-party websites and services
of such parties (“3rd party content”). We do not endorse, adopt
or control any 3rd party
content and will have no responsibility or liability for such 3rd party content
whatsoever. In addition, your dealings or correspondence with such third
parties are solely between you and the third parties. We are not
responsible or liable for any loss or damage of any sort incurred as a
result of any such dealings and you understand that your use of 3rd party content, and your
interactions with third parties, is solely at your own risk.
- For
the avoidance of doubt, Cytreex does not provide investment, tax, or
legal advice. Cytreex is not registered with the U.S. Securities and
Exchange Commission and does not offer securities services or investment
advice. All transactions through our Marketplace are conducted on a
peer-to-peer basis between the Seller and Buyer and you are solely
responsible for determining whether any investment, investment strategy
or related transaction is appropriate for you based on your personal
investment objectives, financial circumstances and risk tolerance. You
should consult your legal or tax professional regarding your specific
situation. From time to time, we may provide educational information
about our platform and products, in order to assist users in learning
more about our Services. Information may include, but is not limited to,
blog posts, articles, links to 3rd party content, news
feeds, tutorials, and videos. The information provided on the Website or
any third-party sites does not constitute investment advice, financial
advice, trading advice, or any other sort of advice, and you should not
treat any of the Website’s content as such. Before making the decision to
buy, sell or hold any Digital Assets, you should conduct your own due
diligence and consult your financial advisors before making any
investment decision. Cytreex will not be held responsible for the
decisions you make to buy, sell, or hold Digital Assets based on the
information provided by Cytreex.
- You
agree that we are not liable for any price fluctuations in Digital
Assets. In the event of market disruption or a Force Majeure event (as
described in Section 17), we may do one or more of the following: (a)
suspend access to the Services; or (b) prevent you from completing any
actions via the Services. We will not be liable for any losses suffered
by you resulting from such actions. Following any such event, when
Services resume, you acknowledge that prevailing market rates may differ
significantly from the rates available prior to such event.
- We
make no warranty that the Website, or the server that makes it available,
are free of viruses or errors, that its content is accurate, that it will
be uninterrupted, or that defects will be corrected. We will not be
responsible or liable to you for any loss of any kind, from action taken,
or taken in reliance on material, or information, contained on the
Website.
3.
RELEASE OF CYTREEX & INDEMNITY
- If you
have a dispute with one or more users of our Services, you release Cytreex,
its affiliates and service providers, and each of its or their respective
officers, directors, employees, agents and representatives, from any and
all claims, demands and damages (actual and consequential) of every kind
and nature arising out of or in any way connected with such disputes. You
agree to indemnify and hold Cytreex, its affiliates and each of its or
their respective officers, directors, employees, agents and
representatives, harmless from any claim or demand (including attorneys’
fees and any fines, fees or penalties imposed by any regulatory
authority) arising out of or related to your breach of this Agreement or
your violation of any law, rule or regulation, or the rights of any third
party.
1.
TRANSACTIONS ON CYTREEX’S MARKETPLACE
The Website allows users to solicit offers to buy or sell
Digital Assets.
When a user initiates a transaction for the purchase or sale of
Digital Assets, the transaction is consummated pursuant to this Agreement and
to the additional terms, if any, detailed by the user or the user’s
counterparty. A step-by-step guide on buying and selling Digital Assets on the
Cytreex Marketplace can be found at https://Cytreex.com/support/en-us/categories/360000409494-How-to-Buy-and-Sell.
The following general terms apply to each transaction described
below:
1. Buying Digital Assets
via soliciting an offer.
When purchasing Digital Assets on the Cytreex Marketplace:
- There
are no fees for Cytreex Escrow as part of a transaction that are payable
by Buyers on our Marketplace.
- Offers
from Cytreex counterparties have their own terms and conditions and each
offer will vary in exchange rate, speed of exchange, and other terms and
conditions imposed by a Seller. By accepting a Seller’s offer you agree
to be bound by the terms and conditions of that offer. The terms and
conditions specified by the Seller are valid in all cases except when
they contradict or violate this Agreement, are illegal, are unreasonable
or otherwise difficult to comply with (as determined in Cytreex’s sole
and absolute discretion), or if both users of the transaction consent to
alter the terms and conditions of such offer. IT IS YOUR RESPONSIBILITY
TO CAREFULLY READ THE SELLER’S OFFER TERMS AND CONDITIONS AND FOLLOW
THEM EXACTLY. IF YOU DO NOT FOLLOW THE OFFER TERMS AND CONDITIONS, YOUR
PAYMENT WILL NOT BE ACCEPTED. NEVER SUBMIT PAYMENT UNLESS YOU HAVE FOLLOWED
ALL TERMS AND CONDITIONS LISTED IN THE OFFER. IF
YOU SUBMIT PAYMENT WITHOUT FOLLOWING THE TERMS AND CONDITIONS, CYTREEX
CANNOT ASSIST YOU IN A DISPUTE PROCESS TO RECOVER YOUR PAYMENT.
- Payment
verification and providing instruction to unlock Digital Assets from
Cytreex Escrow are the sole obligations of the Seller and not that of
Cytreex. If the Seller does not release the Digital Assets to you upon
proper completion of the Seller’s terms and conditions, promptly report
the issue via the designated dispute button within the particular
transaction chat. Cytreex support will review and settle the dispute.
This dispute resolution process is further described below in “Section 8
- Disputing Transactions Via Cytreex’s Dispute Resolution Process.” If
you do not follow this dispute resolution process, Cytreex will be
unable to assist you with this matter.
2. Selling Digital Assets
When selling Digital Assets on the Cytreex Marketplace:
- Sellers
must verify and process the payment in a reasonable amount of time, and
within a certain amount of time as specified in the offer terms. Once
the Buyer has submitted payment to you in accordance with the offer
terms, it is your sole duty and responsibility to promptly verify and
process the payment and then unlock the Digital Assets from Cytreex Escrow
and release it to the Buyer. If you do not follow the instructions on
the offer, you may not be entitled to a return of your locked Digital
Assets.
- As a
Seller you accept all risks and liabilities for any violation of this
Agreement incurred through the sale of Digital Assets. All taxes to be
paid are your responsibility. Cytreex charges a fee to you as the Seller
of Digital Assets for locking Digital Assets in Cytreex Escrow subject
to a sale. Unless determined otherwise in Cytreex’s sole and absolute
discretion, Cytreex shall not reimburse any losses to the Seller whether
due to a violation of this Agreement, fraud or otherwise and our fee
will not be refunded under any circumstances.
- Any
payment received should be fully processed and confirmed as received by
you before unlocking the Digital Assets from Cytreex Escrow. Cytreex is
not responsible for your loss if you prematurely unlock Digital Assets
before payment has been properly verified and received by you. You must
be attentive and responsive to your Buyer. You should deactivate any
inactive offers.
- Any
advertisement of your own website in any section of Cytreex’s
Marketplace (such as your bio, offer terms or transaction chat) that would
facilitate buying or selling Digital Assets outside of Cytreex’s
Services is strictly prohibited. In limited instances, it is permissible
to share your website that is created solely for the Seller to receive
payment in order to complete the transaction (i.e. trusted third party
debit/credit card processing) in the transaction instructions; provided
that the use of such external websites are made clear in the offer terms
and such websites may not contain any other advertisements or your
contact information.
3. Compliance
- Cytreex
and the Services are not affiliated or associated with, nor endorsed or
sponsored by any third party, including but not limited to any gift card
issuer. Designated trademarks, brands, and other identifiers are solely
the property of their respective owners. Cytreex and its Services are
not endorsed, sponsored, associated or affiliated in any way by or with
such owners.
- Cytreex
is not a licensed gift card vendor or authorized dealer of any gift card
issuer. Any gift cards you receive directly from a user using the
Cytreex Marketplace are subject to the terms and conditions of the
third-party merchant with whom it is redeemable (“Issuer”).
Cytreex is not responsible for the acts or omissions of any Issuer(s),
or any fees, expiration dates, penalties or terms and conditions
associated with the Issuer’s gift card received using the Cytreex
Marketplace. By receiving the gift card from a user, you acknowledge
that you have read the gift card’s terms and conditions, and represent
to Cytreex that you are eligible to use such gift cards under the gift
card Issuer’s terms and conditions, or under applicable law.
3.
BROKERING OR RESELLING OF GIFT CARDS IS STRICTLY PROHIBITED ON
OUR WEBSITE AND MARKETPLACE. YOU MUST BE THE RIGHTFUL OWNER OF THE GIFT CARD
AND AT CYTREEX’S REQUEST YOU AGREE TO PROVIDE CYTREEX WITH VALID PROOF OF
OWNERSHIP OF YOUR GIFT CARD (SUCH AS A RECEIPT). CYTREEX MAKES NO CLAIM,
REPRESENTATION OR GUARANTEE THAT ANY THIRD-PARTY PAYMENT METHODS ON THE WEBSITE
PERMIT TRANSACTIONS VIA CYTREEX’S SERVICE, OR THAT ANY THIRD-PARTY PAYMENT
METHODS ON OUR WEBSITE SUPPORT OR ARE SUPPORTED BY OUR SERVICES. YOU SHOULD NOT
USE SUCH THIRD-PARTY PAYMENT METHODS WITH CYTREEX IF SUCH THIRD-PARTY DOES NOT
PERMIT IT
- YOU
ARE WHOLLY RESPONSIBLE TO COMPLY WITH ALL LAWS AND REGULATIONS FOR THE
JURISDICTION(S) IN WHICH YOUR TRANSACTION TAKES PLACE.
- All
transactions must take place within Cytreex. Taking transactions outside
the Cytreex platform or exchanging external contact details are strictly
prohibited.
- Transfer
Limitations. We may, in our sole discretion, impose limitations or
restrictions on the size, type, or manner of any proposed transfer
transactions, such as a limit on the total amount of Digital Assets that
may be posted for sale.
- No
Guarantee. Cytreex does not guarantee that you will be able to sell
Digital Assets on its Marketplace. The act of buying or selling Digital
Assets via Cytreex’s Marketplace does not guarantee that you will be able
to buy or sell Digital Assets via the Marketplace at a later time.
- Relationship.
Nothing in this Agreement is intended to nor shall create any
partnership, joint venture, agency, consultancy or trusteeship, you and
Cytreex being with respect to one another independent contractors.
- Accuracy
of Information. You represent and warrant that any information you
provide via the Services is accurate and complete. You accept and
acknowledge that Cytreex is not responsible for any errors or omissions
that you make in connection with any transaction initiated via the Services,
for instance, if you mistype a Wallet address or otherwise provide
incorrect information. We strongly encourage you to review your
transaction details carefully before completing them via the Services.
- No
Cancellations or Modifications; Wallet Activities. Once transaction
details have been submitted to the digital currency network via the
Services, Cytreex cannot assist you with canceling or otherwise modifying
your transaction. Cytreex has no control over any digital currency
network and does not have the ability to facilitate any cancellation or
modification requests. Cytreex does not store or custody any locked
Digital Assets. Digital Assets are always recorded on their respective
networks or blockchains. All digital currency transactions occur within
the digital currency network, not on Cytreex. There are no guarantees
that the transaction will process on the digital currency network.
Cytreex reserves the right to refuse to process any transaction if
required by law or if we deem the transactions to be against our terms
and conditions in this Agreement. You hereby accept and acknowledge that
you take full responsibility for all activities that occur under your
Wallet and accept all risks of any authorized or unauthorized access to
your Wallet, to the maximum extent permitted by law.
- Taxes.
It is your responsibility to determine what, if any, taxes apply to the
transactions for which you have submitted transaction details via the
Services, and it is your responsibility to report and remit the correct tax
to the appropriate tax authority. You agree that Cytreex is not
responsible for determining whether taxes apply to your digital currency
transactions or for collecting, reporting, withholding or remitting any
taxes arising from any digital currency transactions.
- User
Reputation. When you engage in a Transaction, we allow other users to
provide feedback on their interaction with you. We also permit users to
file reports if the users believe you have violated this Agreement in any
way. These reports are confidential, but we may use them in connection
with a dispute as described in Section 8.
- Transaction
History. You may view your transaction history through your Account. You
agree that the failure of the Services to provide such confirmation shall
not prejudice or invalidate the terms of such transaction.
- Cytreex
Pay. Cytreex has authorized certain merchants to accept Cytreex as a
payment method for purchases of goods and services online (the “Authorized Merchants”).
You may pay an Authorized Merchant by selecting the “Cytreex Pay” option
at check-out or at the time of payment. Cytreex Pay will direct you to
our Marketplace to access the Digital Assets available in your account or
connect you to a Seller. If you purchase Digital Assets from a Seller to
complete the transaction, the terms set forth in Section 7.1 of this
Agreement will apply.
- Merchant
Goods. Cytreex is not responsible for any goods or services that you may
purchase from an Authorized Merchant using your account or the Cytreex
Pay product. If you have a dispute with any Authorized Merchant, you
should resolve the dispute directly with that Authorized Merchant.
- Returns,
Refunds. When you purchase a good or service from a third party using
your Account, it is final. We do not process refunds or returns. An
Authorized Merchant may offer you a return, store credit or a gift card
in its sole discretion and in accordance with its policies.
- Cytreex
charges fees for Services, applicable fees will be displayed prior to you
using any Service to which a fee applies. See “Cytreex Fees” for
further details. Our fees are subject to change and Cytreex reserves the
right to adjust its pricing and fees and at any time.
2.
DISPUTING TRANSACTIONS VIA CYTREEX’S DISPUTE
RESOLUTION PROCESS
- Disputing
Transactions. In most cases, the easiest way to settle a dispute is for
Buyers and Sellers to communicate, work together to figure out what
happened, and come to an agreeable solution. When a Buyer and a Seller
cannot come to an agreeable solution, Cytreex’s support team (“Cytreex Support”)
can help. Either party can initiate the dispute resolution process (“disputed transaction”
or “dispute”)
with respect to a transaction. Disputes can only be initiated on
transactions that are marked as fully paid by the Buyer. Transactions
that are not marked as fully paid by the Buyer, cancelled by the Buyer,
automatically cancelled due to expiration of the timeframe set forth in
the offer, already disputed and resolved or where the Seller has released
the Digital Assets to the Buyer generally cannot be disputed, reversed,
or altered.
2. Dispute Resolution
Process. Below
are the steps Cytreex Support takes in the event of a dispute.
1. Initiation
You can initiate a dispute by logging into your Cytreex Account,
opening the transaction you would like to dispute and selecting the “dispute”
button. The “dispute” button will only appear active if the transaction has
been marked as fully paid by the Buyer. Once you initiate a dispute, you will
select the type of dispute from the options presented and describe the issue
giving rise to your dispute.
The options presented for describing your dispute if you are a
Seller are as follows:
- Coinlocker
(i.e. an unresponsive Buyer) – the Buyer has marked the transaction as
fully paid, but is unresponsive and inactive.
- Payment
issue – the Buyer is active and has attempted to pay, but there are
issues with the payment.
- Other
– an open option where you can describe what issue gave rise to the
dispute. The Buyer will be able to view your description.
The options presented for describing your dispute if you are a
Buyer are as follows:
- Unresponsive
vendor – you have paid, but the Seller is unresponsive and inactive.
- Payment
issue – you have made the payment, but the Seller claims there are
issues with the payment and refuses to release the Digital Assets.
- Other
– an open option where you can describe what issue gave rise to the
dispute. The Seller will be able to view your description.
2. Notification
Once a dispute has been submitted, Cytreex Support will provide
the other party with notification by email and by sending a message through the
transaction chat feature available to Buyers and Sellers in the Marketplace
alerting such party that a dispute has been initiated. If one of your
transactions is being disputed, Cytreex Support will tell you which transaction
is being disputed and why the transaction is being disputed.
3. Response
Review the dispute and provide Cytreex Support with an
explanation of what happened. Include any evidence you have to support your
explanation, such as proof of payment, proof of ownership or proof that you
have or have not received payment.
4. Cytreex Review
Disputed transactions will be investigated by Cytreex Support
and a decision will be made based upon evidence provided by both parties.
Cytreex Support resolves disputes by evaluating various factors as described
below in Section 8.
- Dispute
Review.
During a dispute review, Cytreex Support may give you instructions that
you are required to follow. The instructions given to you may require you
to provide additional evidence, such as additional ID verification, proof
of payment, any photo, audio, or video evidence, or any other documents
deemed relevant by Cytreex and may require you to provide such evidence
within a specified timeframe. Failure to follow the instructions may lead
to the dispute being resolved against you. Cytreex Support will typically
provide notice of its decision via the transaction chat feature in the
Marketplace within 30 days of receiving the dispute, but under some
circumstances, it may take longer.
- Unresponsiveness. When you are involved in a
transaction, it is important that you remain active and available from
the time the transaction is started to the time that the transaction is
completed, canceled, or resolved. This means that you must be able to
provide a response to a request by Cytreex Support in a disputed transaction
within the time specified by Cytreex Support or you may be deemed as
unresponsive and the dispute may be resolved against you.
- Chargebacks. A party may face additional
risks depending on the payment method used for the transaction even if
Cytreex’s dispute resolution process finds in favor of such party. The
dispute resolution process set forth in this Agreement is separate from
any remedies a Buyer or Seller may have through the payment method used
in connection with a transaction. Cytreex is not obligated to initiate or
handle chargebacks and is not liable if a party reverses, charges back,
or otherwise disputes a transaction via an avenue made available to the
party through the payment method used in the transaction, including after
a dispute is closed.
6. Dispute Resolution. A disputed
transaction is most commonly resolved by Cytreex Support moving the Digital
Assets subject to the dispute to the Buyer or the Seller of the disputed
transaction once the dispute resolution process is complete.
Below are selected situations to provide you with insight as to
how Cytreex may resolve a disputed transaction. This is not meant to be an
exhaustive list. The resolution of any dispute will be impacted by the specific
facts of the dispute and evidence provided by the users.
Cytreex Support may resolve a dispute in the Buyer’s favor when
at least one of the following criteria are met:
- The
Buyer has made payment according to the initial instructions provided by
the Seller pursuant to the transaction offer and the Buyer has provided
sufficient proof that the payment was made according to these
instructions. It is a violation of this Agreement for a Seller to refuse
to complete a transaction once the Buyer has satisfied all of the
Seller’s terms and conditions as posted at the time the Buyer accepted
and paid for the transaction.
- The
Seller has become unresponsive and has not provided a sufficient
response within the timeframe requested by Cytreex Support.
- The
payment is made to a third party to the transaction or the payment is
made to a payment account not registered in the name of the Seller.
Cytreex Support may resolve a dispute in the Seller’s favor when
one of the following criteria are met:
- The
Buyer has not provided payment, not provided payment in full or not
provided payment according to the initial instructions provided by the
Seller pursuant to the transaction offer.
- The
payment made by the Buyer has been held, suspended, frozen or stopped by
the payment provider or processor. This includes situations in which the
Buyer has charged back or disputed a payment via its bank or payment
card issuer.
- The
Buyer has become unresponsive and has not provided a sufficient response
within the timeframe requested Cytreex Support.
- The
payment is made by a third party to the transaction or the payment is
made from a payment account not registered in the name of the Buyer.
If the Buyer or the Seller of a disputed transaction provides
fraudulent information or fraudulent documents or makes false claims or
otherwise uses deceptive tactics, the dispute may be immediately resolved
against such user and such user’s account may be immediately suspended or
terminated at the sole discretion of Cytreex Support.
In some situations where neither party fulfills the criteria, or
it is in other ways unclear or not possible to determine which party has
fulfilled the dispute resolution criteria in Cytreex’s sole and absolute
discretion, Cytreex may decide to resolve the dispute by splitting the Digital
Assets subject to the dispute between the Buyer and the Seller evenly or
unevenly.
7. Appeal. If you believe
Cytreex has resolved a dispute in a way which is not in accordance with this
Agreement, you have a right to request an appeal. To request an appeal, you
need to promptly notify us in writing by contacting Cytreex customer support no
later than 10 calendar days after notice of Cytreex Support’s decision is
delivered to you and provide us with sufficient details and evidence supporting
your case for request. Your appeal should specifically identify how you believe
Cytreex incorrectly resolved the dispute as per the terms of this Agreement and
provide evidence of such incorrect decision.
Please be reminded that whether during the dispute process or
generally any time when using our Services, you are obligated to keep a civil
tone and be respectful to other users and Cytreex Support. See generally,
“Section 13 - Prohibited Use”.
- Finality. You acknowledge and agree
that Cytreex’s decision regarding a dispute is conclusive, final and
binding as described in this Agreement. Cytreex will have no liability to
either a Buyer or a Seller in connection with its decisions.
3.
FEES FOR USING CYTREEX SERVICES
- Creating
a Wallet is free. Cytreex charges fees for Services, applicable fees will
be displayed prior to you using any Service to which a fee applies. See “Cytreex Fees” for
further details. Our fees are subject to change and Cytreex reserves the
right to adjust its pricing and fees and at any time.
4.
NO RIGHT TO CANCEL SERVICES OR MINERS FEES
- If you
use a Service to which a charge applies, or you initiate a transaction
with a miners fee via the Services, you will not be eligible for a refund
or reimbursement once you have confirmed that you wish to proceed with
the Service or transaction.
5.
DISCONTINUANCE OF SERVICES
- We
may, in our sole discretion and without cost to you, with or without
prior notice and at any time, modify or discontinue, temporarily or
permanently, any portion of our Services.
6.
SUSPENSION OR TERMINATION OF SERVICES & ACCOUNT;
LIMITING ACCESS TO YOUR WALLET
- We may
in our sole and absolute discretion, immediately and without prior notice:
(a) suspend, restrict, or terminate your access to any or all of the
Services (including limiting access to your Wallet), and/or (b)
deactivate or cancel your account if: (i) we are so required by
applicable law, a facially valid subpoena, court order, or binding order
of a government authority; (ii) we reasonably suspect you have or may act
in violation of this Agreement; (iii) use of your 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; (iv) our service partners are
unable to support your use; (v) you take any action that we deem as
circumventing our controls and procedures or (vi) we think it is necessary
to do so to protect us, our users, including you, or our employees from
danger or loss. If we exercise our rights to limit or refuse your access
to the Services, we will not be responsible for any consequences of our
refusal to give you access to the Services, including any delay, damage
or inconvenience you may suffer as a result.
- If we
suspend or close your account, terminate your use of the Services for any
reason, or limit access to your Wallet, we will attempt to provide you
with notice of our actions unless a court order or other legal process
prohibits us from providing you with such notice. YOU ACKNOWLEDGE THAT
OUR DECISION TO TAKE CERTAIN ACTIONS, INCLUDING LIMITING ACCESS TO,
SUSPENDING, OR CLOSING YOUR ACCOUNT OR WALLET, MAY BE BASED ON CONFIDENTIAL
CRITERIA THAT ARE ESSENTIAL TO OUR RISK MANAGEMENT AND SECURITY
PROTOCOLS. YOU AGREE THAT CYTREEX IS UNDER NO OBLIGATION TO DISCLOSE THE
DETAILS OF ITS RISK MANAGEMENT AND SECURITY PROCEDURES TO YOU. In the
event that we suspend your account or access to your Wallet, we will
remove the suspension as soon as possible once the reasons for the
suspension no longer exist, however we are under no obligation to notify
you as to when (if ever) such suspension will be removed.
- If you
are holding Digital Assets in your Cytreex Wallet and there has been no
activity in your account for a period of time prescribed by applicable
law, we may be required to report such remaining Digital Assets in your
account as unclaimed property in accordance with abandoned property and
escheat laws. If this occurs, we will use reasonable efforts to provide
written notice to you. If you fail to respond to any such notice within
seven (7) business days of receipt, or as otherwise required by law, we
may be required to deliver any such Digital Assets to the applicable
jurisdiction as unclaimed property. We reserve the right to deduct a
dormancy fee or other administrative charges from such unclaimed Digital
Assets as permitted by applicable law.
7.
PROHIBITED USE
- When
accessing or using the Services, you agree that you will use the Services
in accordance with the terms and conditions in this Agreement (including
the Privacy Policy) and not commit any unlawful act, and that you are
solely responsible for your conduct while using our Services. Without
limiting the generality of the foregoing, you agree that you will not:
- use
our Services in any manner that could interfere with, disrupt,
negatively affect or inhibit other users from fully enjoying our
Services, or that could damage, disable, overburden or impair the
functioning of our Services in any manner;
- engage
in any activity which could violate, or assist in violation of, any law,
statute, ordinance, or regulation, sanctions programs administered in
the countries where we conduct business or operations, or which would
involve proceeds of any unlawful activity; publish, distribute or
disseminate any unlawful material or information;
- interfere
with another user’s access to or use of any of our Services; defame,
abuse, extort, 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 other users; incite, threaten,
facilitate, promote, or encourage hate, racial intolerance, or violent
acts against others; harvest or otherwise collect information from our
Website about other users;
- engage
in any activity which operates to defraud, defame or otherwise cause any
damage to Cytreex or our users; or provide any false, inaccurate,
deceptive or misleading information to Cytreex or to another user in
connection with our Services or as otherwise provided or requested
pursuant to this Agreement;
- introduce
to the Services any virus, Trojan, worms, logic bombs or other harmful
material; use any robot, spider, crawler, scraper or other automated
means or interface not provided by us to access our Services or to
extract data; attempt to circumvent any content filtering techniques we
employ, or attempt to access any service or area of our Services that
you are not authorized to access; or placement anywhere within Cytreex’s
Marketplace of any advertisement or promotion that would facilitate
buying or selling Digital Assets outside of Cytreex’s Services;
- 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, or other licensed materials without the appropriate
authorization from the rights holder; use of Cytreex intellectual
property, name, or logo, including use of Cytreex’s trade or service
marks, without prior written consent from us or in a manner that
otherwise harms Cytreex or the Cytreex brand; any action that implies an
untrue endorsement by or affiliation with Cytreex; or develop any
third-party applications that interact with our Services without our
prior written consent; or
- encourage
or induce any third party to engage in any of the activities prohibited
under this Section 13.
8.
INTELLECTUAL PROPERTY RIGHTS
- We
grant you a limited, nonexclusive, nontransferable license, subject to
the terms and conditions in this Agreement, to access and use the
Services, Website, and related content, materials, information
(collectively, the “Content”) solely for purposes approved by Cytreex
from time to time. Any other use of the Website or Content is expressly
prohibited and all other right, title, and interest in the Services,
Website or Content is exclusively the property of Cytreex. You agree you
will not copy, transmit, distribute, sell, license, reverse engineer,
modify, publish, or participate in the transfer or sale of, create
derivative works from, or in any other way exploit any of the Content, in
whole or in part without the prior written consent of Cytreex. You may
not copy, imitate or use any of Cytreex’s trademarks, registered marks,
logos or any of its intellectual property without Cytreex’s prior written
consent.
- Although
we intend to provide accurate and timely information on the Cytreex
Website, our Website (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
Cytreex Website are your sole responsibility and we shall have no
liability for such decisions. Information provided by third parties is
for informational purposes only and Cytreex makes no representations or
warranties to its accuracy. Links to third-party materials (including
without limitation, websites) may be provided as a convenience but are
not controlled by us. You acknowledge and agree that we are not
responsible for any aspect of the information, content, or Services
contained in any third-party materials or on any third-party sites
accessible or linked to the Cytreex Website.
9.
FEEDBACK AND USER SUBMISSIONS
- Cytreex
is always seeking to improve its Services and the Website. If you have
ideas or suggestions regarding improvements or additions to Cytreex’s
Services or the Website, Cytreex would like to hear them; however, any
submission will be subject to the terms and conditions in this Agreement.
- Under
no circumstances will any disclosure of any idea or feedback, or any
related material to Cytreex or any of its subsidiaries, parents or
affiliated companies, or any of their officers, directors, managers,
members, shareholders, employees and agents, or any of their heirs,
successors, representatives and assigns (each a “Cytreex Party” and
collectively, the “Cytreex Parties”) be subject to any obligation of
confidentiality or expectation of compensation.
- By
submitting an idea or feedback or any related material that would be
subject to intellectual property rights (the “Work”) to Cytreex or any
Cytreex Party, you grant to Cytreex, in respect of the Work submitted, a
non-exclusive, perpetual, worldwide royalty free license to use all of
the content of such ideas and feedback, for any purpose whatsoever.
Further, you are waiving any moral rights to the fullest extent permitted
under United States law that you may have in the Work and are
representing and warranting to such Cytreex Party that the Work are
wholly original with you, that no one else has any rights in the Work and
that all Cytreex Parties are free of any royalty to implement the Work
and to use the related material if so desired, as provided or as modified
by any Cytreex Party, without obtaining permission or license from any
third party.
- You
further accept that Cytreex may sub-license any of the Cytreex Parties to
use in any way any Work and material you have submitted.
- We
have the right to remove any posting you may make to the Website, in our
absolute discretion, without warning or reasons.
10. HOW
TO CONTACT US
We recommend you visit our FAQ page before
contacting us. In the event the FAQ page does not contain the information you
are looking for, Cytreex offers 24/7 support. You may contact us through our
support widget located on the FAQ page.
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, significant
market volatility, 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.
12.
NATURE OF AGREEMENT
- This
Agreement constitutes the entire agreement between you and Cytreex with
respect to the subject matter of the terms and conditions in this
Agreement and this Agreement cancels and supersedes any prior
understandings and agreements between you and Cytreex as to that subject
matter. You may not assign any of your rights or obligations under this
Agreement without our prior written consent.