CRYPTER – TERMS OF USE (TERMS AND CONDITIONS)

 

1. PREAMBLE AND DEFINITIONS

 

1.1 Preamble and Acceptance of Terms

These Terms of Use (“Terms”) constitute a legally binding agreement between the User (“You”, “Your”, or the “User”) and Caiz Trade s.r.o., a limited liability company duly incorporated and existing under the laws of the Slovak Republic, having its registered office at Bratislava, Slovakia, acting through its crypto exchange platform “Crypter” (“Crypter”, “We”, “Our”, or “Us”).

 

By accessing, browsing, registering with, or using any services or products offered through the Crypter platform (accessible via https://crypter.com and any of its subdomains, APIs, mobile applications, or affiliated services) (collectively, the “Platform”), You expressly acknowledge that You have read, understood, and agreed to be bound by these Terms, as amended from time to time.

 

If You do not accept these Terms in full, You must not access or use the Platform or any services provided thereunder. Continued use of the Platform shall constitute deemed acceptance of the most recent version of these Terms.

 

These Terms incorporate, by reference, Crypter’s Privacy Policy, AML/KYC Policy, Risk Disclosure Statement, and other supplementary legal documents published by Crypter from time to time.

 

1.2 Interpretation and Definitions

 

Unless the context requires otherwise, the terms used in these Terms shall have the meanings set forth below:

 

“Account” means a unique account created and maintained by the User on the Platform for the purpose of accessing Crypter Services.

 

“Applicable Law” means all laws, statutes, regulations, ordinances, treaties, directives, administrative rulings, executive orders, and judicial decisions (including those of any supranational organization such as the European Union) applicable to either Party or to the provision, receipt, or use of Crypter Services, including without limitation, AML/CTF laws, data protection laws such as the GDPR, securities laws, exchange control regulations, and virtual asset regulations in each jurisdiction where the Platform is accessed.

 

“Caiz Group” means Caiz Trade s.r.o., its affiliates, subsidiaries, parent companies, successors, and assigns.

 

“Crypto Assets” or “Virtual Assets” means any digital or cryptographic representation of value, rights, or obligations which is stored and transacted electronically, including without limitation, cryptocurrencies (e.g., Bitcoin, Ethereum), stablecoins, utility tokens, security tokens, and other blockchain-based instruments recognized by applicable laws and permitted for trading on the Platform.

 

“Crypter Services” or “Services” means all services, functionalities, and features offered or facilitated by Crypter including, without limitation: (i) cryptocurrency trading, (ii) wallet custody solutions, (iii) fiat-to-crypto and crypto-to-fiat exchange, (iv) staking or yield services, (v) smart contract integrations, and (vi) any other ancillary services offered via the Platform.

 

“Digital Wallet” means a digital address or software-based wallet provided or hosted by Crypter or its service providers to Users for the purpose of storing, transferring, or receiving Crypto Assets.

 

“Fiat Currency” means any government-issued legal tender currency, including without limitation, USD, EUR, GBP, INR, AED, and others, as supported by the Platform.

 

“Force Majeure Event” means any event beyond the reasonable control of Crypter including, without limitation, acts of God, natural disasters, governmental actions, regulatory prohibitions, cyber-attacks, technological failures, civil unrest, pandemics, and other unforeseen or extraordinary circumstances.

 

“KYC” or “Know Your Customer” refers to the verification processes implemented by Crypter to authenticate the identity of Users in accordance with global AML/CTF obligations.

 

“Restricted Jurisdiction” means any jurisdiction that is subject to sanctions by the European Union, United Nations, United States (OFAC), or any other competent authority, or where the use of the Platform is prohibited by applicable law or Crypter’s internal compliance policy.

 

“User” refers to any individual or legal entity who accesses or uses the Crypter Platform or registers for a Crypter Account, including natural persons acting in a professional or representative capacity.

 

“User Content” means any data, information, documents, messages, or content uploaded, submitted, or otherwise transmitted by the User to the Platform.

 

“Virtual Asset Service Provider” or “VASP” shall have the meaning ascribed to it under FATF Recommendations and the relevant domestic regulations of applicable jurisdictions, including European AML Directives.

 

1.3 Language and Jurisdictional Applicability

 

These Terms are originally drafted in the English language. Translations, if provided, are for convenience only. In the event of any conflict between a translated version and the English version, the English version shall prevail.

 

Use of the Platform may be subject to additional country-specific disclosures or legal terms where required under applicable local laws, especially in jurisdictions with distinct licensing or regulatory frameworks for virtual asset operations.

 

2. ELIGIBILITY AND USER OBLIGATIONS

 

2.1 Legal Capacity and Eligibility

 

2.1.1 By registering an Account or using any services offered by Crypter, You represent and warrant that You:

 

1. Are of legal age (at least eighteen [18] years or the age of majority in Your jurisdiction of residence, whichever is higher);
2. Possess full legal capacity and authority to enter into, be bound by, and comply with these Terms, and to transact in Crypto Assets under Applicable Law;
3. Are not a citizen, resident, or otherwise subject to the laws of any Restricted Jurisdiction, nor are You using the Platform on behalf of a person or entity in such jurisdiction;
4. Have not been previously suspended, restricted, or removed from accessing the Platform;
5. Are not currently listed on any sanctions list maintained by the United Nations, European Union, U.S. Department of Treasury Office of Foreign Assets Control (OFAC), or other competent authority.

 

2.1.2 Crypter reserves the right, in its sole discretion, to decline, suspend, or terminate Your access to the Platform or any Services without prior notice, should You fail to satisfy the above eligibility criteria or be found in violation of these Terms or Applicable Law.

 

2.2 Corporate Users and Authorised Representatives

 

2.2.1 Where the User is a legal entity, the person registering or operating the Account on behalf of such entity represents and warrants that they are duly authorized to act for and on behalf of such entity and to bind it to these Terms.

 

2.2.2 Crypter may request additional corporate documentation, board resolutions, beneficial ownership declarations, or other verification data at any time to satisfy regulatory obligations, including but not limited to AML, KYC, or counter-proliferation financing measures.

 

2.3 User Representations and Warranties

 

2.3.1 You hereby represent, warrant, and covenant on a continuous basis that:

 

1. All information, documents, and declarations provided during Account registration and throughout the use of the Services are true, complete, and not misleading;
2. You shall not use the Platform for any illegal, unlawful, or unauthorized purpose, including but not limited to fraud, market manipulation, terrorist financing, or evasion of sanctions;
3. You shall maintain adequate security and control over Your Account credentials, passwords, two-factor authentication mechanisms, private keys, wallets, and other critical access information;
4. You shall promptly update Crypter in the event of any change in Your circumstances which may affect the legality or appropriateness of Your continued use of the Platform;
5. You have obtained all necessary approvals, authorizations, consents, and licenses (where applicable) to use the Services in Your jurisdiction.

2.3.2 You understand and acknowledge that any breach of the foregoing representations may result in immediate suspension or termination of Services and may subject You to civil, criminal, and administrative penalties under Applicable Law.

 

2.4 Restricted Jurisdictions and Excluded Persons

 

2.4.1 Access to the Platform and its Services is strictly prohibited in jurisdictions where such access or operation would be deemed unlawful or would require Crypter to obtain a local license, registration, or regulatory approval.

 

2.4.2 Without prejudice to the generality of the above, Crypter does not offer Services to persons in the following jurisdictions (non-exhaustive): Democratic People’s Republic of Korea (North Korea), Iran, Syria, Cuba, Crimea Region, Afghanistan, Myanmar, and any other country or region subject to international sanctions or embargoes.

 

2.4.3 Crypter reserves the unilateral right to update the list of Restricted Jurisdictions at any time and without notice, based on evolving international sanctions, regulatory updates, or internal risk assessments.

 

2.4.4 It is Your sole responsibility to ensure that Your use of the Platform is permissible under the laws applicable to You and Crypter shall bear no liability for any breach thereof.

 

2.5 Prohibited Conduct

 

2.5.1 Users shall not engage in any of the following prohibited conduct:

 

1. Using the Platform to disguise the origin or nature of illicit funds, or for any activity constituting money laundering, terrorism financing, securities fraud, tax evasion, or economic sanctions evasion;
2. Accessing the Platform through any means other than the interface provided by Crypter, including the use of automated software (bots), scraping tools, or unlicensed APIs;
3. Engaging in wash trading, spoofing, front-running, layering, or any manipulative or deceptive trading practices;
4. Infringing upon Crypter’s intellectual property rights or those of any third party;
5. Transmitting malware, ransomware, spyware, viruses, or any code of a destructive nature;
6. Impersonating another User, forging headers, or misrepresenting Your identity or affiliation;
7. Circumventing, disabling, or otherwise interfering with the Platform’s security features;
8. Violating any laws, regulations, or judicial orders applicable in Your jurisdiction or any other relevant jurisdiction.

 

2.5.2 Any violation of the foregoing provisions may result in immediate restriction, suspension, or termination of Services and, where appropriate, referral to law enforcement authorities or regulators.

 

2.6 Ongoing Compliance Obligations

 

2.6.1 You acknowledge that Crypter operates under stringent compliance requirements and may require You to undergo enhanced due diligence (EDD), periodic KYC refreshers, or additional verifications, including biometric authentication, source of funds declarations, or proof of income.

 

2.6.2 You shall cooperate fully with any such compliance request and provide accurate, complete, and timely information. Failure to comply may lead to service disruption, temporary lockouts, or permanent account termination.

 

2.6.3 You further agree that Crypter may, without prior notice and in its sole discretion, freeze, block, or report any transactions or assets suspected of being linked to illicit activities, pending the outcome of an internal or external investigation.

 

3. ACCOUNT REGISTRATION AND SECURITY

 

3.1 Account Creation and Onboarding

 

3.1.1 To access and utilize Crypter Services, You are required to register and maintain a verified user account (“Account”) on the Platform. Account creation shall be subject to Crypter’s Know Your Customer (“KYC”) and Anti-Money Laundering (“AML”) onboarding procedures, as may be amended from time to time in accordance with Applicable Law.

 

3.1.2 You hereby represent and warrant that all information submitted during Account registration, including personal identity data, nationality, residency status, contact information, bank account details, source of funds, and other information requested by Crypter, is complete, true, and not misleading. You undertake to immediately update such information in the event of any change.

 

3.1.3 Crypter reserves the right to require Users to submit supporting documentation including, but not limited to, government-issued identification, proof of residence, utility bills, tax identification numbers, income declarations, biometric verification, and business licenses (for legal entities), prior to activating or continuing use of the Account.

 

3.1.4 Crypter may, in its sole discretion, reject any registration application or terminate an unverified or incomplete Account without assigning any reason or incurring any liability.

 

3.2 Account Types and Access Rights

 

3.2.1 Crypter may offer different tiers of Accounts or access levels based on verification status, transaction volume, jurisdictional compliance, or other risk-based criteria. Crypter reserves the right to upgrade, downgrade, restrict, or modify Your Account tier at any time with or without notice.

 

3.2.2 For corporate Accounts, the entity must designate an “Authorized Representative” and provide documentation evidencing their authority to act on the entity’s behalf. Crypter may, at its discretion, require board resolutions, beneficial ownership declarations, and corporate structure charts.

 

3.3 Security Measures and User Obligations

 

3.3.1 You are solely responsible for maintaining the confidentiality, security, and control of all credentials associated with Your Account, including but not limited to login information, passwords, authentication codes, API keys, and private keys. You agree not to disclose Your credentials to any third party.

 

3.3.2 Crypter strongly recommends the activation of two-factor authentication (2FA) as a mandatory security control. In jurisdictions where required by law, 2FA shall be enabled by default.

 

3.3.3 You agree that Crypter shall not be liable for any loss or damage arising from unauthorized access to Your Account resulting from Your failure to secure Your credentials or comply with these Terms.

 

3.3.4 You shall notify Crypter immediately upon becoming aware of any unauthorized access, suspected security breach, Account compromise, or any other suspicious activity. Notifications must be sent via email to: security@crypter.com or through the Platform’s secure contact channel.

 

3.3.5 Upon receiving such notification, Crypter may temporarily freeze or restrict Account activity, pending further investigation, and reserves the right to request additional authentication or verification steps.

 

3.4 Account Activity and Monitoring

 

3.4.1 All transactions, orders, deposits, withdrawals, and communications made through the Platform under Your credentials shall be deemed to have been made by You and shall be legally binding on You, regardless of whether such actions were authorized.

 

3.4.2 Crypter retains the right to record, monitor, and audit all Account activity and may, at its sole discretion and without notice, suspend, delay, or cancel any transaction which:

 

1. Appears to be suspicious, fraudulent, or in violation of these Terms or Applicable Law;
2. Involves unusually large transaction volumes, rapid trade execution patterns, or behavior indicative of market manipulation or evasion of controls;
3. Is mandated to be reported to regulators or competent authorities under legal or contractual obligations.

3.5 Multiple Accounts and Third-Party Access

 

3.5.1 Each natural or legal person shall be entitled to create and maintain only one primary Account unless expressly authorized in writing by Crypter. The creation of multiple Accounts to circumvent usage restrictions, fee structures, or regulatory thresholds is strictly prohibited.

 

3.5.2 You shall not share, lease, license, or otherwise allow any third party to access or operate Your Account, whether for personal or professional purposes, without the prior written consent of Crypter. Any violation shall result in immediate termination of Services and possible legal action.

 

3.5.3 If You are accessing the Account on behalf of another person or entity, You affirm that You are authorized to bind such party to these Terms, and that such party shall be jointly and severally liable for any breach or misuse.

 

3.6 Suspension, Termination, and Closure of Accounts

 

3.6.1 Crypter may suspend, restrict, or terminate Your Account at any time, with or without cause, upon providing notice via email or the Platform. Grounds for such action may include (but are not limited to):

 

1. Breach of these Terms or applicable Crypter policies;
2. Non-cooperation with verification or compliance procedures;
3. Detection of suspicious, illegal, or unauthorized activity;
4. Regulatory requirements, government orders, or enforcement actions;
5. Dormancy or inactivity for a continuous period of twelve (12) months or more.

 

3.6.2 Upon termination of Your Account, all pending transactions may be cancelled, and Your access to any stored Crypto Assets may be suspended pending final withdrawal or transfer, subject to regulatory hold or legal process.

 

3.6.3 Users may request voluntary closure of their Account by submitting a closure request via the Platform’s support channel. Crypter reserves the right to retain transactional records, identity data, and other information as required by Applicable Law, including GDPR exemptions under “legal obligation” and “legitimate interest”.

 

3.6.4 Termination of the Account shall not affect Crypter’s right to pursue recovery of unpaid fees, damages, or enforceable obligations incurred prior to such termination.

 

4. SERVICES OFFERED

 

4.1 Scope of Crypter Services

 

4.1.1 Crypter offers a comprehensive suite of crypto-asset related services to eligible Users through its digital platform, including but not limited to:

 

1. Spot Trading: Matching of buy and sell orders for supported Crypto Assets;
2. Fiat-to-Crypto and Crypto-to-Fiat Exchange: Currency conversion services between supported fiat currencies and Crypto Assets;
3. Digital Wallet Services: Provision of hosted wallets for secure storage, receipt, and transmission of supported Crypto Assets;
4. Staking and Yield Services (where permitted): Participation in supported blockchain consensus mechanisms or smart contract-based yield earning programs;
5. Token Listings and Launchpad Access: Access to selected primary token offerings, as permitted by jurisdiction and regulatory approvals;
6. API Access: Use of Crypter’s application programming interfaces for trading, data analytics, and third-party integrations;
7. Custodial Services (for selected institutional Users): Secure custody of Crypto Assets with optional segregated accounts, insured vaults, and cold storage;
8. Cross-border Transfers: Blockchain-based remittance or asset transfer services subject to local compliance restrictions.

 

4.1.2 Crypter may, from time to time, introduce, modify, restrict, or suspend specific services, features, or functionalities in its sole discretion and without prior notice, in response to legal, regulatory, technological, or risk-related considerations.

 

4.2 Service Access and Availability

 

4.2.1 The availability of Crypter Services is subject to:

 

1. The User’s verification status and compliance tier;
2. Applicable legal and regulatory restrictions in the User’s jurisdiction;
3. Technical and infrastructure availability, including system maintenance, upgrades, or network outages;
4. Crypter’s internal risk assessments, AML screening, and sanction list screenings.

4.2.2 Crypter does not warrant uninterrupted access to its Services and shall not be liable for any downtime, delay, or performance failure arising from Force Majeure Events or third-party system dependencies, including blockchain network congestion, validator failures, or exchange API disruptions.

 

4.2.3 Crypter may geo-block access, restrict certain Services, or prohibit trading pairs based on legal, economic, or compliance policies applicable in the relevant jurisdiction.

 

4.3 Supported Assets and Pairs

 

4.3.1 Crypter supports a curated list of Crypto Assets and fiat currencies as determined solely by Crypter’s internal asset listing policies, risk analysis, and legal review.

 

4.3.2 Crypter does not guarantee that any particular asset will continue to be supported indefinitely and reserves the right to:

 

1. Delist or suspend trading of any asset or trading pair at any time, with or without cause;
2. Provide Users with a wind-down period to withdraw delisted assets, except where prohibited by law, court order, or regulatory action;
3. Refuse to list or relist any asset based on risk, reputational, or legal grounds, including tokens deemed to be unregistered securities under any Applicable Law.

 

4.3.3 Crypter does not endorse or provide investment advice with respect to any listed Crypto Asset. Users shall conduct their own independent due diligence before engaging in any transaction on the Platform.

 

4.4 Custody and Wallet Functionality

 

4.4.1 Crypter provides Users with access to a hosted digital wallet infrastructure, enabling storage, deposit, and withdrawal of supported Crypto Assets.

 

4.4.2 Crypter may, at its discretion, utilize a combination of hot and cold wallets, third-party custodians, multi-signature security mechanisms, and asset segregation practices to safeguard User funds.

 

4.4.3 User assets held in Crypter wallets shall be:

 

1. Custodied in pooled or omnibus accounts unless explicitly segregated under a separate agreement;
2. Subject to periodic third-party audits, compliance checks, and regulatory reporting obligations;
3. Potentially frozen or blocked in the event of suspected unlawful activity, governmental seizure orders, sanctions enforcement, or internal policy violations.

 

4.4.4 Users acknowledge and accept that digital wallet services do not constitute deposit-taking or banking services and are not covered by deposit insurance schemes such as FDIC, FSCS, or EU deposit guarantee systems.

 

4.5 Transaction Processing and Order Execution

 

4.5.1 Crypter operates an order book matching engine for spot trading that matches bids and offers from Users on a price-time priority basis.

 

4.5.2 Users submitting trade instructions agree that:

 

1. All orders are final and irrevocable once executed;
2. Crypter does not guarantee the execution of any order at a specific price or time, particularly during volatile market conditions;
3. Slippage, partial fills, or delayed settlement may occur due to liquidity fluctuations, system latency, or blockchain confirmation delays;
4. Crypter may cancel or reverse any erroneous or non-compliant trades, whether caused by software error, market manipulation, or breach of these Terms.

 

4.5.3 Crypter may apply order execution limits, price bands, circuit breakers, or other risk management tools to maintain orderly market conditions.

 

4.6 Service Modifications and New Feature Rollouts

 

4.6.1 Crypter retains absolute discretion to:

 

1. Introduce new Services or functionalities, including those governed by smart contracts or decentralized protocols;
2. Decommission, update, or reconfigure existing Services in response to user feedback, regulatory changes, or business needs;
3. Launch experimental features in beta mode, which may be subject to limited availability, enhanced risk, or separate terms.

 

4.6.2 Users opting into any new or experimental Services do so at their own risk and agree to any supplemental disclaimers or user acknowledgments required by Crypter or Applicable Law.

 

4.7 Jurisdictional Limitations and Regulatory Disclosures

 

4.7.1 Crypter Services are not offered to residents of Restricted Jurisdictions or to any User who fails to satisfy local eligibility or licensing requirements, including securities, commodities, or derivatives regulations.

 

4.7.2 Users are solely responsible for ensuring compliance with tax, capital gains, reporting, and financial disclosure obligations arising from use of the Services in their home jurisdictions.

 

4.7.3 Crypter may share aggregated or specific user activity data with regulators, law enforcement, or tax authorities upon valid request or as mandated under Applicable Law.

 

5. FEES AND PAYMENT TERMS

 

5.1 Fee Structure and Schedule

 

5.1.1 Crypter imposes a variety of fees in connection with the Services offered via the Platform. These fees include, without limitation:

 

1. Trading Fees: Applied per executed order on the Platform’s spot market, based on a maker-taker model and/or User’s 30-day trading volume and Account verification tier;
2. Deposit Fees: May apply to deposits made via fiat payment channels, third-party processors, or blockchain networks with non-standard integrations;
3. Withdrawal Fees: Applied on a per-transaction basis for the transfer of fiat or Crypto Assets out of Your Account, subject to blockchain congestion, gas fees, or third-party banking charges;
4. Inactivity Fees (if applicable): Charged periodically on dormant Accounts, as per Crypter’s internal policies and in accordance with Applicable Law;
5. Network Fees: Third-party gas, mining, or validator fees applicable to blockchain-based transactions, which are non-refundable and dynamically adjusted.

 

5.1.2 A current and complete fee schedule is published on the Platform and shall be deemed incorporated into these Terms by reference. Crypter reserves the right to amend or modify the fee schedule at any time and without prior notice, subject to posting the revised schedule on the Platform.

 

5.1.3 Users are advised to consult the most recent version of the fee schedule before initiating any transaction or using any Crypter Services.

 

5.2 Pricing, Spreads, and Slippage

 

5.2.1 Prices of Crypto Assets on Crypter are determined by real-time market supply and demand on the Platform and may not reflect prevailing prices on other exchanges or over-the-counter (OTC) venues.

 

5.2.2 Users acknowledge that Crypter may charge a spread (i.e., a margin between the buy and sell price) on instant conversion services or other non-order-book based trading features, in lieu of or in addition to standard fees.

 

5.2.3 Due to the volatile nature of Crypto Asset markets, Users accept the inherent possibility of slippage, price fluctuation, partial fills, and delays in execution, and agree not to hold Crypter liable for any losses or opportunity costs arising therefrom.

 

5.3 Payment Methods and Fiat Channels

 

5.3.1 Crypter supports various fiat payment and withdrawal methods, including (where supported):

 

1. Bank transfers (SEPA, SWIFT, RTGS, IMPS, etc.);
2. Credit/debit card payments via approved payment service providers (PSPs);
3. E-wallet integrations, subject to availability and third-party terms.

 

5.3.2 All fiat transactions are processed via regulated third-party financial institutions or payment processors, and Users agree to be bound by the terms, conditions, and fees imposed by such third parties.

 

5.3.3 Crypter shall not be liable for delays, transaction reversals, foreign exchange conversion discrepancies, or errors originating from third-party PSPs or correspondent banks.

 

5.4 Currency Conversion and Exchange Rates

 

5.4.1 Where Crypter permits fiat or Crypto Asset conversion, the applicable exchange rate shall be determined at the time of execution and may include a platform margin or spread.

 

5.4.2 Exchange rates are indicative and may differ from published interbank rates, oracle feeds, or rates offered by third-party exchanges.

 

5.4.3 Users acknowledge that certain transactions may involve conversion between currencies or tokens with restricted liquidity, in which case Crypter may, in its discretion:

 

1. Decline to execute the transaction;
2. Apply an extended settlement period;
3. Adjust the rate or impose a surcharge to reflect market conditions.

 

5.5 Taxes, Duties, and Regulatory Costs

 

5.5.1 Users are solely responsible for determining, calculating, declaring, and paying any and all taxes, duties, levies, charges, or withholding obligations arising from their use of the Services, including but not limited to:

 

1. Income tax on capital gains or trading profits;
2. VAT, GST, or sales tax on fees or services;
3. Transactional or remittance taxes imposed by government authorities.

 

5.5.2 Crypter does not provide tax advice and expressly disclaims any liability for User tax obligations. Users are encouraged to consult qualified tax professionals in their jurisdiction.

 

5.5.3 Where required by Applicable Law or lawful order, Crypter may:

 

1. Withhold taxes at source and remit the same to the competent tax authority;
2. Disclose User account and transaction data to tax agencies under Automatic Exchange of Information (AEOI), FATCA, CRS, or similar regimes;
3. Pass through regulatory surcharges, levies, or financial institution compliance costs to the User.

 

5.6 Refunds, Chargebacks, and Reversals

 

5.6.1 All completed transactions on the Platform are final and non-reversible, unless otherwise provided under Applicable Law.

 

5.6.2 Crypter does not entertain requests for refunds or cancellations once a trade has been matched, a withdrawal has been initiated, or a service has been consumed.

 

5.6.3 In the event of an unauthorized or erroneous fiat payment made via card or third-party processor, You must notify Crypter and the relevant institution within 24 hours, failing which the transaction shall be deemed accepted and irreversible.

 

5.6.4 Crypter reserves the right to dispute or reject any chargeback, clawback, or transaction reversal initiated by a User without legitimate basis. In such cases, Crypter may:

 

1. Recover the disputed amount from the User’s Account;
2. Impose administrative fees, penalties, or account suspension;
3. Initiate legal proceedings to recover damages and costs.

 

5.7 Right of Set-Off and Lien

 

5.7.1 Crypter shall have a continuing right of set-off, lien, and deduction over any assets or funds held in Your Account for the satisfaction of any outstanding fees, liabilities, or obligations owed to Crypter, whether arising under these Terms or otherwise.

 

5.7.2 Crypter may, without notice or demand, deduct or withhold any amounts payable to You against amounts due from You, and apply any balance in Your Account (in any currency or asset) toward satisfaction of such dues.

 

5.7.3 This clause shall survive the termination or suspension of Services and be enforceable against successors, assigns, or legal representatives of the User.

 

6. COMPLIANCE AND REGULATORY REQUIREMENTS

 

6.1 Anti-Money Laundering (AML) and Counter-Terrorism Financing (CTF) Policy

 

6.1.1 Crypter is committed to full compliance with all applicable laws and regulations pertaining to Anti-Money Laundering, Counter-Terrorism Financing, anti-corruption, and financial crime prevention in every jurisdiction where it operates or offers Services. Crypter operates as a registered Virtual Asset Service Provider (VASP) under the AML legislation of the Slovak Republic and adheres to the FATF Recommendations as the global baseline for financial compliance.

 

6.1.2 Crypter implements a comprehensive AML/CTF Compliance Program, including but not limited to:

 

1. Customer Due Diligence (CDD) and Enhanced Due Diligence (EDD);
2. Politically Exposed Persons (PEP) screening;
3. Sanctions screening (UN, EU, OFAC, HMT, etc.);
4. Ongoing monitoring of user activity, behavioral analytics, and risk scoring;
5. Suspicious Transaction Reporting (STR) to competent Financial Intelligence Units (FIUs);
6. Independent internal audits and compliance testing at regular intervals.

 

6.1.3 Users agree to cooperate fully with Crypter’s AML/CTF procedures and acknowledge that Crypter may report suspicious activity, without notice, to relevant regulatory, investigative, or enforcement authorities.

 

6.2 Know Your Customer (KYC) and Identity Verification

 

6.2.1 As a condition precedent to accessing the Services, all Users are required to complete Know Your Customer (KYC) verification, consistent with jurisdictional obligations under AMLD5, AMLD6 (EU), the Bank Secrecy Act (USA), and equivalent national frameworks.

 

6.2.2 Required verification documents may include:

 

1. Government-issued photo ID (passport, national identity card, or equivalent);
2. Proof of residential address (utility bill, bank statement, rental contract, etc.);
3. Selfie or biometric verification (as applicable);
4. For legal entities: certificate of incorporation, memorandum of association, list of directors/shareholders, Ultimate Beneficial Owner (UBO) declaration, tax ID, and other relevant company documents.

 

6.2.3 Crypter reserves the right to request updated or additional documentation at any time, including during periodic account reviews, re-verification campaigns, or following a change in User behavior or risk profile.

 

6.2.4 Failure to comply with KYC obligations may result in restricted access, withdrawal delays, or termination of the Account, at Crypter’s sole discretion and without liability.

 

6.3 Sanctions Compliance and Prohibited Use

 

6.3.1 Users affirm that they are not, and shall not be, directly or indirectly:

 

1. Designated or listed on any sanctions list maintained by the United Nations, European Union, U.S. Office of Foreign Assets Control (OFAC), HM Treasury (UK), or any other applicable authority;
2. Located, incorporated, or otherwise operating in a Restricted Jurisdiction, as defined in Section II of these Terms;
3. Acting on behalf of or for the benefit of any sanctioned person or entity.

 

6.3.2 Crypter prohibits the use of its Services for any of the following activities:

 

1. Transactions or dealings involving sanctioned jurisdictions or designated persons;
2. Facilitating terrorism financing, arms trafficking, human trafficking, or nuclear proliferation;
3. Engaging in shell company laundering, invoice fraud, or trade-based money laundering schemes;
4. Attempting to circumvent international sanctions or export controls via proxy, obfuscation, or misuse of blockchain anonymity tools (e.g., mixers, tumblers, privacy coins without origin traceability).

 

6.4 Regulatory Disclosures and Cooperation

 

6.4.1 Users acknowledge that Crypter may be required to disclose information relating to their identity, account usage, transactions, or funds under:

 

1. Mutual Legal Assistance Treaties (MLATs);
2. Information-sharing agreements under FATCA, CRS, or EU DAC6;
3. Orders or directions from courts, regulators, financial intelligence units, or law enforcement agencies;
4. Data access requests under GDPR, provided they are not subject to exemptions relating to ongoing investigations or legal privilege.

 

6.4.2 Crypter may, at its discretion and in accordance with Applicable Law:

 

1. Freeze or block access to funds or wallets suspected of being linked to unlawful activity;
2. Delay or cancel withdrawals pending regulatory clarification or clearance;
3. Suspend or terminate Services where User behavior may expose Crypter to legal or reputational risk.

 

6.5 Compliance with Local Laws

 

6.5.1 Users shall be solely responsible for determining whether and to what extent the use of Crypter’s Services is lawful in their jurisdiction. By accessing the Platform, You represent and warrant that such use does not violate any applicable laws, including securities, tax, capital controls, data protection, or consumer protection laws.

 

6.5.2 Users shall not access or use Crypter Services if such access or usage would:

 

1. Require Crypter to obtain a license, registration, or regulatory approval in their jurisdiction which it does not currently hold;
2. Expose Crypter to enforcement actions, fines, or administrative sanctions from a local regulatory authority;
3. Breach domestic laws regarding digital asset trading, token offerings, or cross-border payments.

 

6.5.3 Crypter reserves the right to geo-block, IP-restrict, or otherwise limit the functionality of the Platform in certain jurisdictions to ensure compliance with local law.

 

6.6 Recordkeeping and Audit Trail

 

6.6.1 Crypter maintains comprehensive records of User activity, including account creation, transaction logs, KYC documentation, and communications, in accordance with legal obligations under Slovak and EU AML regulations.

 

6.6.2 Users acknowledge that such records may be:

 

1. Retained for a minimum period of five (5) years following account closure or final transaction, or such longer period as required under Applicable Law;
2. Subject to audit, review, or retrieval by compliance officers, internal auditors, or competent regulatory authorities.

 

6.6.3 Users agree not to request deletion, erasure, or anonymization of such data where retention is legally mandated, notwithstanding any rights they may otherwise have under GDPR or equivalent data protection laws.

 

7. RISK DISCLOSURES

 

7.1 General Acknowledgement of Risk

 

7.1.1 By accessing or using Crypter’s Services, You expressly acknowledge and agree that:

 

1. Trading, holding, transferring, or interacting with Crypto Assets involves a high degree of financial, technological, regulatory, and operational risk;
2. Crypto Assets are volatile, unpredictable, and speculative instruments that may not be suitable for all investors;
3. You are solely responsible for understanding the nature of the transactions You undertake and for assessing whether they are appropriate given Your financial condition, investment objectives, and risk tolerance;
4. Crypter does not provide any guarantees regarding price performance, liquidity, custody, or utility of any listed Crypto Asset.

 

7.1.2 You hereby confirm that You have sufficient knowledge and experience to understand the risks associated with Crypto Assets and blockchain-based services, or that You have sought professional advice prior to using the Platform.

 

7.2 Market Risk and Volatility

 

7.2.1 The value of Crypto Assets may increase or decrease dramatically over a short period due to factors such as:

 

1. Market sentiment, speculation, and investor behavior;
2. Regulatory announcements, enforcement actions, or legislative changes;
3. Security breaches or vulnerabilities in the underlying blockchain;
4. Technological developments, forks, or upgrades;
5. Liquidity constraints or thin order books.

 

7.2.2 You may suffer substantial losses, including the total loss of the value of Your Crypto Assets or fiat funds, without any compensation or recourse. Crypter shall not be liable for any loss incurred due to market movements or volatility.

 

7.3 Liquidity and Delisting Risk

 

7.3.1 Some Crypto Assets may have limited liquidity or trade volume. This may:

 

1. Prevent the execution of trades at expected prices;
2. Lead to substantial slippage;
3. Result in the inability to exit or liquidate a position promptly.

7.3.2 Crypter reserves the right to delist, suspend, or restrict the trading of any Crypto Asset at any time without notice and without liability. Such actions may impact the valuation or usability of the affected asset.

 

7.4 Regulatory Risk

 

7.4.1 The legal and regulatory status of Crypto Assets varies across jurisdictions and is subject to frequent and unpredictable changes.

 

7.4.2 Your use of the Platform may become subject to new laws, regulations, or licensing requirements, or may be deemed illegal or restricted by future regulatory developments in Your jurisdiction.

 

7.4.3 Crypter may be compelled to:

 

1. Restrict or terminate Services in certain jurisdictions;
2. Report Your transactions or freeze Your assets;
3. Cease offering certain Crypto Assets;
4. Modify or terminate its business operations due to regulatory pressure.

 

Crypter disclaims all liability for losses or legal consequences arising from such regulatory actions.

 

7.5 Cybersecurity and Technology Risk

 

7.5.1 Crypter operates in a technologically complex environment, and the use of its Services is subject to inherent cybersecurity risks, including but not limited to:

 

1. Unauthorized access, hacking, phishing, malware, and ransomware;
2. Blockchain-level attacks, such as 51% attacks, double-spending, or transaction reordering;
3. Vulnerabilities in smart contracts, protocols, or code libraries;
4. System outages, latency, data corruption, or software bugs.

 

7.5.2 While Crypter employs robust security protocols, it cannot guarantee absolute security. You acknowledge and accept the risk of partial or complete loss of funds due to technical failure or malicious activity.

 

7.6 Custody and Private Key Risk

 

7.6.1 Assets stored in Crypter’s hosted wallets are held in pooled accounts secured via multi-signature or hardware-based solutions. However, no custodial solution is immune from theft, cyberattack, or failure.

 

7.6.2 If You use non-custodial wallets, Crypter does not have access to or control over Your private keys. Loss of private keys may result in permanent loss of access to funds, for which Crypter bears no responsibility.

 

7.6.3 Users are advised to use secure practices in storing credentials, enabling 2FA, and safeguarding seed phrases.

 

7.7 Legal, Taxation, and Reporting Risk

 

7.7.1 Crypter does not provide legal, accounting, or tax advice. You are solely responsible for:

 

1. Determining the tax treatment of Your activities on the Platform;
2. Complying with tax reporting and payment obligations in Your jurisdiction;
3. Understanding the legal status and classification of Your assets under local law.

 

7.7.2 Failure to meet these obligations may result in penalties, investigations, or disqualification from Crypter Services.

 

7.8 Stablecoin, Fiat, and Peg Risk

 

7.8.1 Stablecoins or fiat-referenced Crypto Assets may not always maintain their intended value peg and may become illiquid or lose all value due to:

 

1. Insolvency or failure of the issuing entity;
2. Regulatory prohibition or blacklisting;
3. Reserve mismanagement or audit failure.

 

7.8.2 Crypter does not guarantee the stability, solvency, or backing of any listed stablecoin and shall not be liable for any deviation from the peg.

 

7.9 Smart Contract and Protocol Risk

 

7.9.1 Some Services offered by Crypter may rely on third-party protocols or smart contracts, including DeFi integrations, staking platforms, or bridges.

 

7.9.2 These smart contracts may contain undiscovered bugs, security flaws, or be susceptible to manipulation or failure. Exploits may result in the irreversible loss of assets.

 

7.9.3 Crypter assumes no responsibility for losses arising from interactions with external or on-chain protocols and disclaims any obligation to recover such losses.

 

7.10 Force Majeure and Infrastructure Risk

 

7.10.1 Crypter’s operations may be disrupted or suspended due to events beyond its reasonable control, including:

 

1. Acts of God, war, natural disasters, or epidemics;
2. Telecommunications or internet failures;
3. Regulatory intervention or governmental restrictions;
4. Banking partner insolvency or fiat liquidity crises.

 

7.10.2 Users accept that such Force Majeure Events may cause temporary or permanent unavailability of Services, and Crypter shall not be held liable for delays, suspension, or loss arising therefrom.

 

7.11 No Fiduciary Relationship

 

7.11.1 Crypter acts solely as a service provider and does not owe any fiduciary duty to any User. Crypter does not act as an agent, broker, financial adviser, or custodian of record, unless otherwise agreed in writing.

 

7.11.2 Users shall exercise independent judgment when using the Platform and shall not construe any information, feature, or communication as investment advice, inducement, or solicitation.

 

8. INTELLECTUAL PROPERTY RIGHTS

 

8.1 Ownership of Intellectual Property

 

8.1.1 Unless otherwise expressly stated, all content, technology, data, design elements, source code, graphics, logos, trade dress, user interfaces, trademarks, service marks, slogans, domain names, software, and underlying intellectual property rights associated with the Crypter Platform (“Crypter IP”) are the exclusive property of Caiz Trade s.r.o. or its licensors, affiliates, or strategic partners, and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws and treaties.

 

8.1.2 You acknowledge that You do not acquire any ownership, license, or other proprietary interest in the Crypter IP by virtue of accessing or using the Platform, and all rights not expressly granted to You herein are reserved.

 

8.2 Trademarks and Branding

 

8.2.1 The names “Crypter,” “Caiz,” “Caiz Trade,” and all related product and service names, logos, designs, and slogans are registered and/or unregistered trademarks or trade names owned or licensed by Caiz Trade s.r.o. or its affiliates.

 

8.2.2 You shall not use, reproduce, modify, or distribute any Crypter branding, logos, or marks in any manner, including in advertising, promotional material, domain names, or social media handles, without the prior written consent of Crypter. Any unauthorized use shall constitute trademark infringement and unfair competition under applicable law.

 

8.3 Limited License to Use the Platform

 

8.3.1 Subject to Your ongoing compliance with these Terms, Crypter grants You a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Platform solely for lawful personal or internal business purposes, in accordance with the functionalities provided.

 

8.3.2 This license does not permit You to:

 

1. Reverse engineer, decompile, disassemble, or attempt to derive the source code or architecture of the Platform;
2. Copy, modify, distribute, or create derivative works of the Platform or any portion thereof;
3. Interfere with or circumvent security features, APIs, access controls, or usage limits;
4. Use any automated system or software (e.g., bots, spiders, crawlers, scripts) to extract data or interact with the Platform without authorization.

 

8.3.3 Crypter may suspend or revoke this license at any time without prior notice, including in cases of breach, abuse, or suspected misuse.

 

8.4 User Content and Feedback

 

8.4.1 By submitting, posting, uploading, or transmitting any content (including but not limited to text, messages, reviews, support requests, testimonials, bug reports, feature suggestions, graphics, documents, or code snippets) through or to the Platform (“User Content”), You:

 

1. Grant Crypter a perpetual, worldwide, royalty-free, fully paid-up, sublicensable, transferable, irrevocable, and non-exclusive license to use, reproduce, display, adapt, modify, distribute, publish, and otherwise exploit such content for the operation, development, marketing, and improvement of the Platform or related services;
2. Represent and warrant that You have all necessary rights, licenses, and consents to submit such content and grant the foregoing license;
3. Agree that Your submission is not confidential, proprietary, or subject to any contractual obligations, unless otherwise agreed in writing with Crypter.

 

8.4.2 Crypter shall not be obligated to provide attribution, compensation, or acknowledgment for any feedback or suggestions submitted by You and may use such feedback freely and without restriction.

 

8.5 Third-Party Intellectual Property

 

8.5.1 The Platform may contain content, libraries, code, or trademarks that are the property of third parties. All such intellectual property remains the property of their respective owners and is used under license or applicable law.

 

8.5.2 Nothing in these Terms shall be construed as granting You any rights in or to third-party intellectual property, except as expressly stated herein or permitted under applicable open-source or commercial license agreements.

 

8.6 Infringement Notices and Takedown Requests

 

8.6.1 Crypter respects intellectual property rights and expects Users to do the same. If You believe that any content on the Platform infringes Your intellectual property rights, You may file a written notice of infringement to legal@caiz.com.

 

8.6.2 Your notice must include:

 

1. Identification of the work or rights allegedly infringed;
2. Exact URL or description of the infringing content;
3. A good-faith statement that the use is not authorized;
4. Your full name, contact details, and signature (physical or electronic);
5. A statement under penalty of perjury affirming the accuracy of Your claim.

 

8.6.3 Crypter may remove or disable access to the alleged infringing content upon receipt of a valid notice and reserves the right to terminate the Account of repeat infringers in appropriate circumstances, at its sole discretion.

 

8.7 Reservation of Rights

 

8.7.1 Except for the limited rights expressly granted under these Terms, no license, assignment, or transfer of any intellectual property right, whether by implication, estoppel, or otherwise, is granted to You.

 

8.7.2 All rights, title, and interest in and to the Crypter Platform, its Services, software, and associated materials remain exclusively with Caiz Trade s.r.o. and its licensors.

 

9. PRIVACY AND DATA PROTECTION

 

9.1 Scope and Purpose of Data Processing

 

9.1.1 Crypter is committed to protecting the privacy, confidentiality, and security of Your personal data. This Section outlines the basis on which personal data is collected, used, stored, processed, and disclosed in connection with Your access to and use of Crypter’s Services.

 

9.1.2 Personal data collected from You will be processed strictly for the following lawful purposes:

 

1. To verify Your identity and fulfill KYC/AML requirements;
2. To create, maintain, and manage Your Account;
3. To process transactions and provide Crypter’s Services;
4. To monitor and prevent fraud, money laundering, and security threats;
5. To comply with legal, regulatory, or tax obligations;
6. To respond to law enforcement or regulatory inquiries;
7. To communicate with You regarding platform updates, support requests, or changes to Terms;
8. To improve, develop, and personalize Crypter’s Platform and Services.

 

9.1.3 Any processing of personal data shall be undertaken on a legal basis under Article 6(1) of the GDPR or analogous provisions under other Applicable Data Protection Laws.

 

9.2 Categories of Data Collected

 

Crypter may collect and process the following categories of personal data from You:

 

1. Identity Data: Full name, date of birth, nationality, government-issued ID numbers, tax identification number;
2. Contact Data: Residential address, phone number, email address;
3. KYC and Verification Data: ID documents, utility bills, facial recognition or biometric data, source of funds/income documentation;
4. Financial and Transactional Data: Bank account details, transaction history, blockchain addresses, deposit and withdrawal records;
5. Technical and Usage Data: Device information, IP address, browser type, time zone settings, login patterns, cookies, referral links, geolocation data (if permitted);
6. Communication Records: Email correspondence, chat support transcripts, call recordings (where permitted by law).

 

9.3 Lawful Bases for Processing

 

Crypter processes Your personal data based on one or more of the following legal bases:

 

1. Performance of a contract (e.g., providing Services to You);
2. Compliance with a legal obligation (e.g., AML/KYC regulations, tax laws);
3. Legitimate interests (e.g., improving services, preventing abuse, fraud detection), provided these are not overridden by Your data protection rights;
4. Your explicit consent, where required (e.g., for marketing or biometric processing);
5. Public interest or exercise of official authority, where mandated by law.

 

9.4 Data Sharing and Disclosure

 

9.4.1 Crypter may share Your personal data with the following categories of recipients, strictly on a need-to-know basis and subject to contractual safeguards:

 

1. Regulatory and supervisory authorities, law enforcement agencies, courts, and tax authorities;
2. Third-party KYC/AML service providers, identity verification vendors, and compliance platforms;
3. Payment processors, fiat on-ramp providers, and correspondent banking institutions;
4. Cloud hosting and IT service providers, cybersecurity vendors, data analytics platforms;
5. Crypter’s affiliates, subsidiaries, and group companies, including those outside the EU, for operational and compliance purposes.

 

9.4.2 In cases where data is transferred outside the European Economic Area (EEA), Crypter ensures adequate protection through the use of Standard Contractual Clauses (SCCs), adequacy decisions, or other lawful transfer mechanisms in accordance with Articles 44–49 of the GDPR.

 

9.5 Data Retention and Storage

 

9.5.1 Crypter retains Your personal data only for as long as necessary to fulfill the purposes for which it was collected, including for satisfying legal, regulatory, tax, accounting, or reporting obligations.

 

9.5.2 As a general principle, KYC-related personal data shall be retained for a minimum of five (5) years from the date of Account closure, unless longer retention is required by law or regulatory authorities.

 

9.5.3 Upon expiry of the retention period, personal data shall be securely deleted, anonymized, or pseudonymized in accordance with Crypter’s data destruction policy.

 

9.6 User Rights Under Applicable Data Protection Laws

 

Subject to applicable data protection laws, You may exercise the following rights in relation to Your personal data:

 

1. Right of Access – To request a copy of Your data held by Crypter;
2. Right to Rectification – To correct inaccurate or incomplete data;
3. Right to Erasure (“Right to be Forgotten”) – To request deletion of Your data, subject to legal limitations;
4. Right to Restrict Processing – To temporarily limit how Your data is used;
5. Right to Data Portability – To receive Your data in a structured, commonly used, machine-readable format;
6. Right to Object – To object to processing based on legitimate interests or direct marketing;
7. Right to Withdraw Consent – To revoke previously given consent at any time without affecting lawfulness of prior processing;
8. Right to Lodge a Complaint – With a supervisory authority, such as the Office for Personal Data Protection of the Slovak Republic or Your local data protection authority.

 

Requests may be submitted via: legal@caiz.com

Response time: within 30 calendar days, extendable as permitted by law.

 

9.7 Cookies and Tracking Technologies

 

9.7.1 Crypter uses cookies and similar technologies (e.g., pixel tags, JavaScript snippets) to:

 

1. Enable core functionality of the Platform;
2. Analyze traffic and usage patterns;
3. Customize user experience and deliver targeted content;
4. Comply with fraud prevention and security protocols.

 

9.7.2 Users are notified of cookie use at login or first visit, and may adjust preferences through browser settings or the Platform’s cookie management interface.

 

9.7.3 For more information, refer to Crypter’s separate Cookie Policy, incorporated herein by reference.

 

9.8 Data Security and Breach Notification

 

9.8.1 Crypter implements appropriate technical and organizational measures to secure personal data against unauthorized access, loss, alteration, disclosure, or destruction, including:

 

1. AES encryption at rest and TLS 1.2+ encryption in transit;
2. ISO/IEC 27001-aligned cybersecurity protocols;
3. Role-based access controls (RBAC) and multi-factor authentication (MFA);
4. Regular vulnerability scanning and penetration testing;
5. Employee training and access logging.

 

9.8.2 In the event of a personal data breach likely to result in a risk to Your rights and freedoms, Crypter shall notify You and the relevant supervisory authority within 72 hours as required by Article 33 of the GDPR or applicable law.

 

10. LIMITATION OF LIABILITY AND INDEMNIFICATION

 

10.1 No Warranty and Disclaimer of Liability

 

10.1.1 The Crypter Platform and all related Services are provided on an “as is” and “as available” basis, without warranties of any kind, express, implied, statutory, or otherwise, including but not limited to:

 

1. Implied warranties of merchantability, fitness for a particular purpose, non-infringement, or availability;
2. Warranties arising out of course of dealing, usage, or trade;
3. Any representations regarding the reliability, timeliness, accuracy, security, completeness, or performance of the Platform or any Crypto Asset listed thereon.

 

10.1.2 Crypter expressly disclaims any liability for:

 

1. Errors, delays, bugs, interruptions, system failures, or loss of access to the Platform or Services;
2. Incorrect or delayed price feeds, order execution failures, or market slippage;
3. Unauthorized access, cyberattacks, data breaches, or security failures beyond Crypter’s reasonable control;
4. The conduct of Users or third parties, including payment providers, custodians, blockchain networks, or token issuers;
5. Suspension or termination of access due to maintenance, regulatory actions, or force majeure events.

 

10.2 Exclusion of Certain Damages

 

10.2.1 To the fullest extent permitted under Applicable Law, in no event shall Crypter, Caiz Trade s.r.o., its affiliates, licensors, service providers, employees, officers, or agents be liable for any:

 

1. Indirect, incidental, special, punitive, exemplary, or consequential damages;
2. Loss of profits, loss of business, loss of revenue, loss of data, loss of goodwill, or reputational damage;
3. Damages arising out of Your reliance on any content, market data, or third-party information displayed or linked on the Platform;
4. Damages resulting from blockchain network disruptions, smart contract failures, validator misbehaviour, gas fee spikes, or wallet mismanagement;
5. Claims arising from the use, misuse, or inability to use the Platform, whether based in contract, tort, negligence, strict liability, or otherwise—even if advised of the possibility of such damages.

 

10.3 Aggregate Liability Cap

 

10.3.1 Subject to the exclusions above and to the extent that liability cannot be excluded under Applicable Law, the total aggregate liability of Crypter, for any and all claims arising from or related to these Terms, the Platform, or the Services, shall in no event exceed:

 

1. The total amount of fees paid by You to Crypter during the twelve (12) month period immediately preceding the event giving rise to the claim; or
2. EUR 500 (Five Hundred Euros), whichever is lower.

 

10.3.2 The foregoing cap shall apply in the aggregate to all claims, causes of action, or liabilities of any kind and shall not be increased by the existence of multiple claims or proceedings.

 

10.4 Indemnification by User

 

10.4.1 You agree to defend, indemnify, and hold harmless Crypter, Caiz Trade s.r.o., its affiliates, officers, directors, employees, agents, licensors, and service providers (“Indemnified Parties”) from and against any and all claims, damages, liabilities, losses, costs, penalties, expenses, and legal fees (including attorneys’ fees on a full indemnity basis) arising out of or related to:

 

1. Your breach of these Terms, any annexed policy, or Applicable Law;
2. Your use or misuse of the Platform or Services, including negligent or fraudulent activity;
3. Any claim that Your use of the Platform violates any third-party right, including intellectual property, privacy, or contractual rights;
4. Content or data submitted by You that is illegal, infringing, or harmful;
5. Any tax, levy, fine, penalty, or enforcement action imposed on Crypter arising from Your transactions or conduct.

 

10.4.2 Crypter reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by You, in which case You shall cooperate in good faith and at Your own expense with Crypter’s defence and settlement efforts.

 

10.5 No Liability for Third-Party Services

 

10.5.1 The Platform may contain integrations with or links to third-party websites, applications, APIs, services, or content (collectively, “Third-Party Services”). Crypter does not control, endorse, or assume responsibility for any Third-Party Service.

 

10.5.2 Your interactions with third-party service providers—including fiat gateways, custodial solutions, or token issuers—are solely between You and such provider, and are governed by their respective terms, conditions, and privacy policies.

 

10.5.3 Crypter disclaims any liability arising from losses caused by the actions, omissions, errors, or security vulnerabilities of such third parties.

 

10.6 Force Majeure

 

10.6.1 Crypter shall not be liable for any delay, failure, or disruption in the provision of Services due to causes beyond its reasonable control, including but not limited to:

 

1. Natural disasters, war, acts of terrorism, or civil unrest;
2. Industrial disputes or labor shortages;
3. Internet outages, power failures, or communication breakdowns;
4. Blockchain network failures, smart contract vulnerabilities, validator manipulation;
5. Government action, regulation, embargo, or change of law;
6. Pandemic, epidemic, or public health emergency.

 

10.6.2 During such events, Crypter may suspend Services, cancel pending transactions, or otherwise act to protect the integrity of the Platform without liability to Users.

 

11. DISPUTE RESOLUTION AND GOVERNING LAW

 

11.1 Dispute Resolution

 

In the event of failure by the Parties to resolve any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, in the manner set out above within 15 (fifteen) days from the date when the dispute arose, such dispute shall be referred to and finally resolved by arbitration administered in accordance with the Dubai International Arbitration Centre Rules (“Rules”), for the time being in force, which rules are deemed to be incorporated by reference in this Clause. The tribunal shall consist of a neutral and suitably qualified sole arbitrator to be appointed by the Parties mutually or in case of disagreement in accordance with the Rules. The seat and venue of arbitration shall be Dubai. The language of the arbitration shall be English. The arbitrator/arbitral tribunal shall also decide on the costs of the arbitration proceedings. Each Party shall equally share the cost of the arbitrator unless the award provides otherwise. The arbitral tribunal’s award shall be final, and binding on the Parties and enforceable in any competent court of law.

 

11.2 Governing Law

 

This Policy shall be governed and construed in accordance with the laws of Slovakia. Further, the courts at Slovakia shall have exclusive jurisdiction over any and all disputes emanating from this Policy. 

 

12. AMENDMENTS AND MODIFICATIONS

 

12.1 Right to Amend

 

12.1.1 Crypter reserves the right, at its sole and absolute discretion, to amend, modify, supplement, revise, suspend, or update these Terms, or any part thereof (including any incorporated policies, annexes, or appendices), at any time, for any reason, including without limitation:

 

1. To reflect changes in Crypter’s business operations or Services;
2. To comply with applicable legal, regulatory, or licensing requirements;
3. To address security, technical, or system updates;
4. To reflect changes in industry standards, market conditions, or risk management frameworks.

 

12.1.2 Such amendments may include changes to the fee structure, user eligibility criteria, trading rules, permitted jurisdictions, or the scope of Services offered.

 

12.2 Notification of Changes

 

12.2.1 Any material changes to these Terms shall be notified to Users via:

 

1. Email to the address associated with Your Account;
2. In-app notification or dashboard banner upon login;
3. Public posting of the revised Terms on the Crypter Platform with a revised “Last Updated” date.

 

12.2.2 Notice of material changes shall be provided at least seven (7) calendar days in advance of the effective date, unless a shorter period is required by urgent legal, regulatory, or security considerations.

 

12.2.3 Non-material or purely administrative changes (e.g., typographical corrections, formatting, or clarifications) may take immediate effect without prior notice.

 

12.3 User Acceptance of Modifications

 

12.3.1 By continuing to access or use the Platform or any Crypter Services following the effective date of amended Terms, You are deemed to have read, understood, and agreed to be legally bound by such modifications.

 

12.3.2 If You do not agree to any amendment, You must immediately cease all use of the Platform and may request account closure and withdrawal of Your funds in accordance with the applicable account termination procedures.

 

12.3.3 Crypter shall not be liable for any loss, damages, or consequences incurred by a User’s continued use of the Platform after publication of amended Terms.

 

12.4 No Waiver or Estoppel

 

12.4.1 The failure of Crypter to require or enforce strict compliance with any provision of the Terms shall not be construed as a waiver or estoppel of any future right or remedy, nor shall it affect the validity or enforceability of these Terms in whole or in part.

 

12.4.2 Any waiver, modification, or deviation from the Terms must be expressly stated in writing by an authorized representative of Crypter.

 

12.5 Supremacy and Integration

 

12.5.1 These Terms, as modified from time to time, constitute the entire agreement between You and Crypter relating to Your use of the Platform and supersede any and all prior or contemporaneous understandings, representations, communications, or agreements, whether written or oral.

 

12.5.2 In the event of any conflict or inconsistency between these Terms and any prior version, the most current version shall prevail.

 

13. MISCELLANEOUS PROVISIONS

 

13.1 Entire Agreement

 

13.1.1 These Terms, including the incorporated policies such as the Privacy Policy, AML/KYC Policy, Risk Disclosure Statement, and any supplementary annexes or schedules published by Crypter, constitute the entire agreement between You and Crypter in relation to the access and use of the Platform and Services.

 

13.1.2 All prior or contemporaneous negotiations, discussions, representations, understandings, or agreements—whether oral or written—are superseded and extinguished by these Terms.

 

13.2 Severability

 

13.2.1 If any provision of these Terms is found to be unlawful, invalid, void, or unenforceable by a court of competent jurisdiction or arbitral tribunal, such provision shall:

 

1. Be deemed severed from these Terms to the extent of such illegality, invalidity, or unenforceability; and
2. Not affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect.

 

13.2.2 In such event, the Parties agree to negotiate in good faith to substitute the unenforceable provision with one that reflects the original intent to the maximum extent permitted by law.

 

13.3 Assignment

 

13.3.1 You may not assign, delegate, sub-license, transfer, or otherwise dispose of any of Your rights or obligations under these Terms without the prior written consent of Crypter. Any attempted assignment in breach of this clause shall be null and void.

 

13.3.2 Crypter may assign or transfer these Terms, or any of its rights or obligations hereunder, to an affiliate, successor, acquirer, or in connection with a corporate restructuring, merger, or asset sale, without notice or consent.

 

13.4 No Agency or Partnership

 

13.4.1 Nothing in these Terms shall be construed as creating any agency, joint venture, partnership, fiduciary, employment, or other relationship between You and Crypter.

 

13.4.2 You acknowledge and agree that You are acting solely on Your own behalf and not for the benefit of any third party.

 

13.5 No Waiver

 

13.5.1 No failure or delay by Crypter in exercising any right, power, or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right.

 

13.5.2 Any waiver of any provision of these Terms must be made in writing and signed by an authorized officer of Crypter to be effective.

 

13.6 Survival

 

13.6.1 The provisions of these Terms which, by their nature or express language, are intended to survive termination, expiration, or suspension shall survive and remain in full force and effect, including but not limited to:

 

1. Section 5 (Fees and Payment Terms);
2. Section 6 (Compliance and Regulatory Requirements);
3. Section 7 (Risk Disclosures);
4. Section 8 (Intellectual Property Rights);
5. Section 10 (Limitation of Liability and Indemnification);
6. Section 11 (Dispute Resolution);
7. Section 13 (Miscellaneous Provisions).

 

13.7 Language

 

13.7.1 These Terms are drafted in the English language, which shall be the controlling language in all respects. Any translated versions are provided for convenience only and shall not be legally binding in the event of any inconsistency or conflict.

 

13.8 Electronic Communications and Signatures

 

13.8.1 You consent to receive all communications, notices, disclosures, and legal documents from Crypter electronically, including via email, platform notifications, or publication on the Platform.

 

13.8.2 You acknowledge that any electronic communication satisfies any legal requirement that such communication be in writing.

 

13.8.3 You further consent that Your electronic actions on the Platform (including clicking buttons, submitting forms, or uploading documents) shall constitute valid electronic signatures and have the same legal effect as handwritten signatures.

 

13.9 Third-Party Rights

 

13.9.1 Except as expressly stated herein, these Terms do not confer any rights or remedies upon any person or entity other than the Parties.

 

13.9.2 No third party shall have any rights to enforce or rely on any term of these Terms under the Contracts (Rights of Third Parties) Act 1999 (UK) or any similar law in any jurisdiction.

 

14. CONTACT INFORMATION

 

For all general information and inquiries, please reach out to us at info@caiz.com. For any legal communication, please reach out to us at legal@caiz.com.