Terms of Service

These Terms of Service ("Agreement", "Terms") govern your ("user", "you", "Party", "yours") use of the Services offered through both the desktop platform (the "Website") and the mobile app for iOS and Android (the "App") provided by Kriptom.com ("Kriptom.com", "us", "we", "Party").

By accessing and using our Services, you enter into a legally binding agreement with Kriptom.com. These Terms of Service define your rights and responsibilities when engaging with our platform. By using the Services, you confirm that you have read, understood, and agreed to abide by these Terms, along with any additional documents outlined below.

These Terms reference several additional documents that also govern your use of our Services. Some features of the platform may be governed by supplementary terms and conditions. Your usage of these features signifies your acceptance of their specific terms. These include:

1. Our Privacy Policy, which outlines the terms under which we handle any personal data you provide or that we collect from you.

2. Our AML/KYC Policy, which outlines the due diligence procedures and compliance requirements for identity verification.

If you disagree with any part of the Terms, please refrain from using our Services. We aim to provide a transparent and secure service experience, and we appreciate your understanding and cooperation in adhering to these terms.

We encourage you to carefully review these Terms to fully understand the conditions that govern your access to and use of our Services. Should you have any questions, feel free to contact our Support team at [email protected].

1. General Risk Warning

1.1. Risk Disclosure. By using Kriptom.com services, you acknowledge and accept the inherent risks associated with digital asset trading. We have prepared a General Risk Warning document outlining the most common risks related to cryptocurrencies. This warning is an integral part of these Terms, even though it is presented as a separate document. It is important that you fully understand these risks in relation to your personal situation before proceeding with any transactions. If you are uncertain about the risks involved, we recommend seeking advice from a qualified professional.

1.2. No Financial Advice. Kriptom.com does not offer financial advice. Any information provided through our platform is for informational purposes only and should not be construed as financial, legal, or investment advice. We advise that you perform your own research and consult with a professional advisor before making any financial decisions.

1.3. Compliance with Local Laws. We strongly suggest consulting with legal or tax professionals if you have any doubts about the legality of digital asset trading in your jurisdiction or about your tax and other financial obligations. By using our Services, you confirm that you comply with all local laws and regulations related to cryptocurrency transactions. You are solely responsible for understanding and fulfilling your tax obligations in any applicable jurisdictions. This may include calculating and paying taxes on any transactions made through our platform and reporting such information to the relevant tax authorities. Kriptom.com holds no responsibility for any user’s non-compliance with local laws, taxes, or financial obligations.

2. Definitions

“Completed Transaction” – a transaction that has been marked as "Finished" and has not been canceled or refunded.

“Deposit Address” – a unique identifier composed of letters and numbers that allows users to send digital assets to Kriptom.com in order to facilitate transactions.

“Digital Asset” – any asset that can be transferred via blockchain technology, such as cryptocurrencies and digital tokens, as well as other forms of digital currency.

“Coin” – digital assets that operate on their own native blockchain. Examples include Bitcoin (BTC) and Ethereum (ETH).

“Memo” – a reference code, typically a string of letters/numbers, used to identify and credit the correct account during a transaction.

“Original Address” – the unique address that the user provides to send digital assets via Kriptom.com.

“Recipient Address” – the address to which digital assets are sent after completing a transaction via Kriptom.com.

“Refund Address” – the address provided by the user in case a refund is requested for a completed transaction.

“Restricted Location” – a jurisdiction or country that is subject to significant deficiencies in its financial crime prevention frameworks, or is under international or local sanctions, where Kriptom.com Services are unavailable.

“Restricted Person” – any individual or entity that is subject to sanctions or has ties to illicit activities, such as dark-net operations, fraud, tax evasion, money laundering, terrorism financing, or any other criminal activities. This also includes individuals or entities linked to arms trafficking, unlicensed financial institutions, or other prohibited sectors.

“Politically Exposed Person (PEP)” – individuals who hold prominent public positions domestically or internationally, including heads of state, government officials, political party leaders, and executives of state-owned companies.

“Token” – digital assets built on another cryptocurrency’s blockchain, distinct from coins, which operate on their own blockchain.

“Trade Order” – an agreement to buy or sell a specific digital asset, such as Bitcoin, at a designated price or price range.

“Trading Pair” – two cryptocurrencies that can be traded against each other. For example, the ETH/BTC pair allows Ethereum to be bought or sold using Bitcoin.

3. General Services Terms

Description of Services

Kriptom.com is a Platform that enables fast transactions involving different digital assets. Kriptom.com is available as a desktop website and also as a mobile app for iOS and Android. Our service model is designed to prioritise your convenience and security. We make transactions quick and effortless, with users selecting their desired trading pair and entering a Recipient Address and other necessary information to initiate an exchange.

We offer a non-custodial service, meaning we do not provide accounts for users to store their funds and do not hold user funds unless there is a specific regulatory or legal requirement to do so.

We maintain rigorous compliance with relevant regulations within our jurisdiction, though our services might differ based on your location due to various local regulatory constraints. Hence, while the range of available services may vary based on location and local regulatory constraints, we remain committed to providing you with efficient and reliable transactions, within the scope of regulatory norms.

Service Availability

By using Kriptom.com, you acknowledge and agree that the Services are provided according to its current technological and operational capacity. While we have made reasonable efforts to ensure the continuity and security of the Services, we cannot completely foresee or eliminate all legal, technological, and other risks. These risks include, but are not limited to, force majeure, viruses, hacker attacks, peak demand, volatility, heavy trading, system upgrades or maintenance, system instability, flaws in third-party services, government actions, third-party actions, or other factors that may result in service interruptions, data loss, or other risks. You agree to and acknowledge the possibility of discontinuity or disruption of the Services and that, subject to these Terms, Kriptom.com will not be liable to you or any third party if you are unable to access your customer account or use our Services.

4. Eligibility. Customer Account

Eligibility

To use our services, you must be at least 18 years old or meet the legal age required in your jurisdiction to form a binding contract if that age is higher than 18. By using our services, you confirm that you meet these age requirements.

If you are accessing our services on behalf of a legal entity, you confirm that the entity is legally established and in good standing under the laws of its jurisdiction. Additionally, you represent that you are authorized by the entity to act on its behalf, and that the entity accepts responsibility if you breach these terms.

Certain features of the services may not be available to you depending on your location or other criteria.

Restricted Person

You confirm that you are not a Politically Exposed Person (PEP) or a Restricted Person, nor are you a close associate or family member of a PEP or Restricted Person. PEPs, Restricted Persons, and their associates are not eligible to use our services.

Restricted Locations

You acknowledge that our services may not be available in all locations, and usage may be restricted in certain areas. These include, but are not limited to, Afghanistan, Bangladesh, Bolivia, Burundi, Central African Republic, China, Colombia, Congo, Côte d'Ivoire, Crimea Region, Cuba, Democratic Republic of the Congo, Donetsk Region, Ecuador, Eritrea, France, Guinea, Iran, Iraq, Japan, Kherson People's Republic, Kyrgyzstan, Lebanon, Liberia, Libya, Luhansk Region, Mali, Morocco, Nepal, Nicaragua, North Korea, Pakistan, Republic of Guinea-Bissau, Saudi Arabia, Sevastopol, Somalia, South Sudan, St. Vincent and Grenadines, Sudan, Syria, USA, United Kingdom, Venezuela, Vietnam, Yemen, Zaporizhzhia People's Republic, Zimbabwe, and others listed by OFAC, FCA, etc. You are responsible for ensuring that your use of our services complies with local, national, or international laws or regulations.

Authority and Ownership of Assets

By using our services, you confirm that you have the full authority to enter into this agreement, that it does not violate any other legal obligations, and that the digital assets you bring to the service are free from any third-party claims.

Customer Account

While you can use Kriptom.com without registering for most services, some features may require you to create a customer account. To register, you will need to provide certain information, such as your name and email address. You agree that the information you provide is accurate, complete, and up to date. You also agree to update it as necessary. Kriptom.com reserves the right to suspend or terminate your account if the provided information is found to be inaccurate, incomplete, or outdated. Anonymous or fictitious accounts are strictly prohibited.

Account Security

You are responsible for maintaining the confidentiality and security of your account credentials and for all activities under your account. You agree to notify Kriptom.com immediately if you become aware of any unauthorized use of your account or any breach of security. Kriptom.com will not be liable for any loss or damage resulting from your failure to comply with this obligation.

Information Accuracy

We may, and in some cases are required to, investigate the background and purpose of your use of our services. You are obligated to provide accurate, complete, and up-to-date information upon request. You must also keep your contact details current. Kriptom.com will not be held responsible for any issues arising from your failure to do so. If we suspect any inaccuracies in the information you provide, we may temporarily or permanently restrict your access to some or all of the services. We are not liable for any consequences of such restrictions.

Suspension for Misrepresentation

We reserve the right to suspend your customer account or transaction, or reject your exchange instructions, if you misrepresent your current location, nationality, citizenship, place of residence, or the location of your incorporation or establishment, or if we determine that you are accessing our services from a restricted location.

Lawful Conduct

You affirm your commitment to conduct yourself lawfully when using our services, in compliance with all applicable laws, including but not limited to data transfer, data privacy, data security laws, anti-financial crime regulations, financial sanctions, and securities laws.

Without restricting the scope of the above, you assure and guarantee that you will not:

• Utilize circumvention or obfuscation technologies to conceal your IP address.
• Interfere with, disrupt, inhibit, damage, overburden, or impair the functioning of the services, or negatively affect other users' ability to use the services.
• Use the services for any illegal activities, including but not limited to fraud, money laundering, terrorist activities, illegal gambling, or any other unlawful activities.
• Employ any robot, spider, crawler, scraper, or other automated means or interfaces not provided by us to access the services or extract data.
• Attempt to circumvent any content filtering techniques we employ or try to access services or areas that you are not authorized to access.
• Develop third-party applications that interact with our services without our prior written consent.
• Provide false, inaccurate, or misleading information.
• Attempt to modify, decompile, reverse-engineer, or disassemble our software in any way.
• Create multiple accounts.
• Encourage or induce any third party to engage in any of the activities prohibited under this section.

Your commitment to adhering to these conduct rules ensures the fair and efficient operation of our services for all users.

Restrictions on the Use of Services

If we detect any suspicious or fraudulent transaction or use of our services for illicit purposes, we reserve the right to freeze the transaction for the period of the ongoing investigation, or for up to 180 days, whichever is longer. We may also report suspicious activities to relevant authorities or take any other necessary actions for the investigation. A breach of these terms, including any attempt to exploit or manipulate our systems or policies, will result in the immediate termination of your access to our services.

5. General Services

Digital Assets Trade

The trading process on Kriptom.com is straightforward. Our platform (1) analyzes the availability of trading pairs and exchange rates, and (2) selects the most beneficial options. You choose the desired trading pair and enter the recipient address to start the transaction. Our service then executes the transaction with a registered liquidity provider of our choice. The availability of trading pairs may depend on your location and local regulatory restrictions.

Trade Order

To create an exchange, you must fill in a trade order. Your trade order consists of the following details: trading pair, amount of funds to be exchanged, type of applicable rate (either fixed or floating), and recipient address. Additional information may be requested depending on the trading pair, recipient address, and other factors, such as your email, refund address, memo for recipient address, and other identifiers.

Recipient Address

You are obligated to provide a valid recipient wallet address for every transaction. The address must be valid for the specific cryptocurrency and network involved. It is your responsibility to ensure that the wallet address you provide is correct and accurate. We are not liable for any losses due to transactions made to incorrect or inaccurate wallet addresses or network information provided by you.

Deposit Address

As part of the transaction process, Kriptom.com assigns a deposit address to each transaction. We do not retain your assets; transactions are executed on registered cryptocurrency exchange platforms, and the exchanged funds are directly transferred to the recipient's wallet address. If you transfer an insufficient or excessive amount of funds to the deposit address, we may cancel your trade order and offer a refund, provided the transferred amount exceeds the network fee. You are solely responsible for (1) sending assets to the correct deposit address, (2) using the correct network indicated in the exchange, and (3) using the correct digital asset required by the exchange. We are not liable for any losses due to omissions or incorrect information provided.

Additional Information for the Trade Order

Depending on the trading pair, liquidity provider, recipient address, and other factors, you may be required to provide additional information (such as a memo, tag/note/extra ID, email, refund address, or other identifiers) for your request. It is your responsibility to ensure that all required information is provided and that it is accurate. We are not liable for any losses resulting from omissions of required information.

Execution of Trade Order

To execute your Trade Order, you should transfer funds to the Deposit Address. You acknowledge and agree that the Deposit Address is provided specifically for a given transaction and shall not be used for any other transactions. If you transfer funds to the same address, we cannot guarantee the refund, please contact our Support Service at [email protected].

Changes to Trade Order

The possibility to make changes to a Trade order can be limited and may not be guaranteed.

A. Changes Made by the User. The changes to Trade order are not available if the Trade order is being processed and has the 'Confirming the transaction', ‘Exchanging’, ‘Sending’ status, the changes are not available. If the execution of the Trade Order has the 'Failed’ status, please contact our Support Service at [email protected]. Please note, in order to change your Trade order, we may request to provide additional confirmations.

B. Changes Made by Kriptom.com. At our sole discretion, we can correct and change the Trade order by creating a new one in case the User makes a Deposit which is inconsistent with the initial Trade Order, for example, the User sends wrong Coins/Tokens, uses a wrong network, or makes a second deposit for the same Deposit Address.

Transfer to a Third-Party

In cases where you have designated a third party as the recipient for the exchanged funds in the Trade Order, and the third party either declines or fails to process the transfer in time, you agree not to request a refund from the third party. If this situation arises, you must reach out to our Support Team at [email protected] for further guidance on how to proceed with the funds.

Use of Third-Party Services

Please note that any third-party services you choose to use for transferring your assets may impose additional fees. These fees are beyond the control and responsibility of Kriptom.com. You are fully responsible for using such services and must comply with their terms and conditions. Occasionally, these services may not process your cryptocurrency as expected, suspend the transaction, or even fail to support it. In these cases, you acknowledge and agree that we hold no liability for any issues arising from these third-party services.

Floating and Fixed Rates

Our platform offers two types of exchange rates: floating and fixed. You have the flexibility to choose the one that best suits your needs and risk preferences.

Fixed Rate

A ‘Fixed Rate’ exchange guarantees that you will receive the expected amount at a specific rate, unaffected by market fluctuations. Once we provide an estimated fixed rate for your transaction, it remains locked for 20 minutes to shield you from subsequent rate changes. This time frame is crucial since coin rates can shift rapidly, and maintaining a fixed rate poses a significant risk to us.

Please note, for the transaction to be completed successfully, you must send the deposit within the given time frame, and the transaction must receive at least one confirmation on the blockchain.

• If the deposit is made within the time frame, we proceed with the exchange at the agreed fixed rate.
• If the deposit is made after the time frame, but the fixed rate remains unchanged, we proceed with the transaction at the original rate.
• If the deposit is delayed beyond the time frame and the fixed rate has changed, the transaction may be marked as ‘Failed,’ with options for you to either request a refund or proceed at the updated rate.

Floating Rate

A 'Floating Rate' exchange reflects a standard cryptocurrency exchange method, where the estimated receiving amount is shown at the time of the Trade Order. Due to the volatile nature of cryptocurrencies, the final amount may vary from the initial estimate as market fluctuations can occur between initiating and completing the exchange. With floating rate exchanges, you must deposit at least the minimum amount required, and there are no time or upper limit restrictions, giving you more flexibility.

Floating Rate Fluctuations

The actual market rate when executing a trade may differ from the estimated rate provided at the time of your order submission. You agree that Kriptom.com is not liable for such rate fluctuations. This means the final value of your trade could differ from the initial estimate due to market conditions outside of our control. If the final amount differs significantly from what was expected, we may either suspend the transaction or offer you the choice to proceed with the updated rate or request a refund.

Transaction Confirmations

While processing your Trade Order, the coin’s network may require a series of confirmations. Kriptom.com has no influence over the number or type of confirmations needed. Please be aware that this process may extend the duration required to complete your Trade Order.

Transaction Timeframe

We aim to process all transfers as quickly as possible, adhering to these Terms. However, the speed at which your cryptocurrency is deposited or withdrawn is also influenced by the blockchain and the selected asset. Therefore, while typical transaction times are a few minutes, they may take longer depending on these factors.

Service Fees

Kriptom.com does not charge a standard percentage-based fee. Instead, our pricing is determined by a thorough market analysis, ensuring transparency with no hidden fees. By using our services, you acknowledge and accept this pricing structure and grant Kriptom.com, or our chosen payment processor, permission to apply the specified rate to the amount transferred to the Deposit Address.

Network Fee

The Kriptom.com system cannot know in advance the amount of network fee that will be taken from a specific transaction by a blockchain. Therefore, Kriptom.com can only provide an estimated network fee and include it in the final calculations.

Non-Execution of Trade Orders

Due to rapid market fluctuations and volatility, along with other potential reasons, we reserve the right to not execute your Trade Order, whether it is a fixed or floating rate. If the market rate changes significantly compared to the rate at the time of your Trade Order, or in the event of market disruptions or any other circumstances we may specify, we may decide not to fulfill your Trade Order. In such cases, upon receiving your instructions, we will either (1) return the funds to the original or Refund Address, (2) proceed with the Trade Order at the new rate, or (3) follow any other reasonable instructions provided by you, subject to our agreement. This provision ensures flexibility to handle situations of high market volatility, protecting the integrity of our services while considering your preferences.

Right to Refuse and Restrict

We reserve the right to refuse to process any Trade Order or transfer at any time, at our sole discretion. Additionally, we may impose limits on transfer amounts or apply other restrictions on your use of the services without prior notice.

Special Terms on Fiat to Crypto Exchange

Kriptom.com may enable users to access and use fiat to crypto exchange services offered by third parties. However, the exchange service is provided by the third-party platform you access. Any anti-financial crime, KYC procedures, deposits, and transaction status checks will be handled by the third-party platform directly between you and them. By using these services, you acknowledge your responsibility to comply with the third-party service provider's terms and conditions, as well as any guidelines or requests they may have. Kriptom.com accepts no responsibility for transactions conducted via third-party services. You agree to indemnify Kriptom.com against any claims related to your use of third-party services.

Cancellation

Due to the nature of cryptocurrency transactions, once initiated and the funds are sent to the Deposit Address, most transactions cannot be canceled. It is crucial that you verify all transaction details before confirming the exchange. In exceptional cases, refunds may be possible, but they will be subject to specific conditions and procedures. Please consult our Refund Policy for further details.

Change, Interruption, Termination, and Discontinuance of Services

We reserve the right to modify, interrupt, or discontinue our services, either temporarily or permanently, without prior notice. We shall not be liable for any damages resulting from such actions. In case of a breach of these Terms, we also reserve the right to terminate your access to our services.

6. Refund Policy

Non-refundable Trade Orders

Trade orders with the statuses "Confirming the transaction", "Exchanging", "Sending", and "Finished successfully" are generally non-refundable. However, Kriptom.com reserves the right to assess refund requests for these statuses on a case-by-case basis and at its discretion.

Trade orders created using counterfeit or imitation digital assets, assets transmitted on test networks, or assets involved in illicit activities are also non-refundable.

Ineligible Refunds

Users are generally not eligible for a refund if their actions violate the instructions provided during the creation of the Trade order or those displayed on the Trade order page. Examples of ineligible refunds include, but are not limited to:

• Sending digital assets other than those specified in the order or sending them on an incorrect network;
• Sending digital assets after the contract has expired;
• Depositing without a mandatory tag (such as MEMO Destination Tag, Payment ID, etc.) if required on the Trade order page;
• Depositing an amount lower than the minimum acceptable limit.

Refund Request Procedure

To request a refund, please contact our Support Service using the official communication channels: contact form, live chat at kriptom.com, or by email at [email protected]. Refund requests will be processed within up to 31 calendar days.

We are not responsible for any issues that arise if the User shares information about their exchanges or transactions with third parties, or if a refund request is made through unauthorized channels. Do not trust messages from individuals claiming to represent Kriptom.com unless you can confirm they are official. If unsure, please contact us directly at [email protected].

Refund Options and Verification

Kriptom.com offers refunds to either the original address or a Refund address. However, in some cases, refunds may only be issued to the original address. When processing refunds, we may request additional documentation such as screenshots, video confirmations, transaction checks, or account statements to verify the ownership of the deposit and the eligibility of the funds.

Refund Fees

Refund requests may be subject to the following fees:

• Network fee: Kriptom.com may deduct network fees associated with the refund from the original deposit amount. If the refunded asset is a token instead of the mainnet coin, the User may need to pay an additional fee in the form of the mainnet coin to cover the network fee.
• Recovery fee: Kriptom.com and/or a service provider may impose an additional fee to assist with the recovery of funds. Service provider commissions may either be deducted from the deposit amount or charged separately.

Disclaimer of Liability

Kriptom.com and/or its service providers shall not be held responsible for any funds sent to fraudulent phishing websites that resemble the official Kriptom.com platform. Users should ensure they are visiting the correct domain, kriptom.com. Kriptom.com will only hold User funds for a period of 1 calendar year. After this period, Kriptom.com does not guarantee the recovery of unclaimed funds.

Anti-Financial Crime and KYC Policy

Compliance Culture. At Kriptom.com, we are committed to establishing a strong framework to prevent financial crimes, including but not limited to money laundering, terrorist financing, fraud, and other illicit activities. This approach is supported by rigorous adherence to regulatory obligations.

Our Commitment. As part of our dedication to these principles, Kriptom.com implements a comprehensive Anti-Financial Crime and Know Your Customer (KYC) Policy, designed to detect, prevent, and report any potential financial crime. This policy is an integral part of these Terms. We utilize customer identification, verification procedures, and transaction monitoring to safeguard our platform and users from financial crime. We also work closely with relevant authorities to address and mitigate these risks effectively.

Your Acknowledgment. We encourage you to familiarize yourself with this policy, as agreeing to these Terms also signifies your acceptance of our Anti-Financial Crime and KYC Policy. For convenience, we have made this policy available separately, but it is still a critical component of these Terms. To learn more, please visit https://kriptom.com/aml-kyc.

Transaction Freeze and Return Policy

Right to Freeze Funds. In line with anti-financial crime regulations, Kriptom.com reserves the right to freeze any funds suspected of being involved in illegal activity. During such cases, we may conduct additional transaction reviews and customer due diligence.

Request for Return of Funds. Owners of frozen assets may request the return of their funds by providing comprehensive details about the incident, the source of their funds, and identity verification documents. This may include passport copies, address proof, and other necessary documentation. For corporate accounts, additional documents such as company registration extracts and powers of attorney may be required.

We may impose a fee of 1% of the returned amount, with a minimum charge of $100, to cover administrative expenses.

Right to Refuse Return of Funds. Kriptom.com retains the discretion to refuse the return of funds if the provided information and documentation do not satisfactorily verify the identity and ownership of the funds.

Waiting Period. In cases with multiple victims, if some victims have not requested the return of their funds, we may impose a waiting period of up to 180 days at our discretion. This period ensures fair and proportional distribution of the recovered assets.

Cooperation with Authorities. Kriptom.com will fully cooperate with law enforcement and regulatory bodies if any funds are suspected to be involved in criminal activities.

Court-Ordered Asset Freezing. In certain cases, Kriptom.com may be required to freeze assets based on a court or legal authority's order. In such instances, the assets will be frozen immediately until the case is resolved or as directed by the relevant authority.

Legal Disclosure. Kriptom.com may be required to provide information about the owner of frozen assets to a court or legal authority.

Queries about Asset Freezing. If you believe your transaction was frozen by mistake, please contact us directly. You can reach out to our security team by email at [email protected]. If you have questions regarding the return of frozen funds or need further information, our security team will investigate the issue thoroughly.

Limitation of Liability. We are not liable for any losses that may result from the freezing of suspicious funds or the refusal to return them. Kriptom.com will not be held responsible for any damages, losses, or expenses caused by delays or failure to fulfill our obligations due to circumstances beyond our reasonable control.

Termination

Suspension of Accounts/Transactions

You acknowledge and agree that we reserve the right to suspend or terminate your access to our services, as well as suspend any transactions at our sole discretion. This action may be taken if we suspect, including but not limited to the following reasons:

• Violation of these terms;
• Involvement in fraudulent activities or other illegal acts;
• Violation of anti-financial crime laws;
• Violation of regulatory authority requirements, court orders, or laws;
• An account, or a related account, is subject to pending litigation, investigations, or government proceedings;
• Suspected unauthorized attempts to access your account;
• Improper or unauthorized use of your account credentials or information;
• Being classified as a politically exposed person (PEP), restricted person, or accessing services from restricted locations.

You further acknowledge that Kriptom.com has the authority to investigate your account and transactions if we suspect, at our sole discretion, that they violate these terms or applicable laws. During such an investigation, you will not be able to perform any transactions until the investigation is concluded.

In case of account suspension or termination due to a violation of terms or applicable laws, you agree that Kriptom.com may cancel any benefits earned through participation in promotional activities.

Dormant Funds

Funds that remain unclaimed for one year following suspension, or in cases where sufficient documentation to prove ownership or identity has not been provided, will be considered dormant.

Once your account or funds become dormant, we will notify you of our intention to treat them as dormant. It is your responsibility to maintain up-to-date contact details, provide a refund address, regularly check your account, or contact our support service. If you fail to respond to our notice or attempts to contact you within 30 days, we may:

• Be required to hand over such funds to the authorities as unclaimed property in certain jurisdictions;
• Charge a dormancy fee or other administrative fees from the unclaimed funds to cover the cost of maintaining your funds, which will be deducted on a monthly basis;
• Close the dormant account at any time.

You acknowledge that Kriptom.com will not be obligated to provide any reward, interest, or incentive related to dormant funds or accounts.

Account Cancellation

If you wish to cancel your account, you may do so at any time. Upon cancellation, your access to the account will be terminated. Please note that any ongoing transactions at the time of cancellation will be completed according to the transaction terms. Rewards from promotional activities will be available for withdrawal, provided they meet the minimum withdrawal amount. If your reward amount is below the minimum threshold, withdrawal will not be possible.

10. Third-Party Service Providers

A "third-party service provider" refers to any platform or network where you hold digital assets, or a platform we redirect you to that is operated by an external party.

Price Accuracy. Although we have stringent policies in place to ensure price accuracy, we cannot guarantee the reliability or precision of the content displayed on or via our platform.

No Control Over Third-Party Services. Kriptom.com is not responsible for the use of third-party services and disclaims any liability for the content, privacy practices, or policies of external websites or services.

You agree that Kriptom.com will not be liable for any damage or loss caused by, or alleged to be caused by, the use of or reliance on third-party content or services. Additionally, such third-party providers may impose additional fees, and Kriptom.com is not responsible for any charges from these providers. You are solely responsible for your use of third-party services and agree to comply with all applicable terms and conditions.

Discrepancies in exchange rates may occur due to the algorithms of third-party service providers. You indemnify and hold Kriptom.com harmless from any direct, indirect, or consequential damages, including but not limited to loss of use, profits, or data, arising from such discrepancies in exchange rates.

While using our services, you may come across content from third parties. We do not control, endorse, or adopt any third-party content (unless explicitly stated by us) and are not responsible for any misleading, incomplete, inaccurate, offensive, or objectionable material. Any dealings or communication with third parties are solely between you and them. Kriptom.com will not be held accountable for any losses or damages arising from such interactions. You understand that your use of third-party content and interactions with third parties are entirely at your own risk.

11. Privacy and Data Protection

At Kriptom.com, we prioritize the protection of your personal information and comply with rigorous global data privacy standards and regulations. By agreeing to these Terms of Service, you acknowledge and accept our Privacy Policy, which explains how your personal data is managed.

General Information

The terms "Kriptom," "Service," and "Application" as used in this Privacy Policy refer to the website located at https://kriptom.com, operated by Kriptom.

Kriptom serves as the data controller for any personal data processed under the scope of this Privacy Policy.

To become a client of Kriptom and access its features, an individual must be at least 18 years old or have reached the age of majority in their country of residence, whichever is higher. Kriptom does not intentionally collect data from or market its services to minors or individuals below the legal age of majority.

Kriptom is dedicated to maintaining the privacy and security of its clients' personal data. This Privacy Policy aims to provide a clear understanding of what information is collected, the reasons for its collection, and how it is processed and safeguarded.

We reserve the right to update or modify this Privacy Policy at any time. Clients are encouraged to review the Privacy Policy regularly. Notifications or emails regarding significant changes will be sent to clients.

All updates to this Privacy Policy take effect on the "Last Updated" date. Continued use of our services after the Last Updated date signifies acceptance of the revised terms.

Kriptom clarifies that no client personal data is handled by us when additional services are rendered under the Terms (Special Terms for Fiat to Crypto Exchange Services). In such cases, clients may need to share personal information directly with third-party providers of fiat-to-crypto exchange services. The handling of such data by third parties is governed solely by their terms, conditions, and privacy policies.

Collected Data

By using the Services, the Client consents to the processing of the following types of personal data:

Personal Data provided directly by the Client:

• When creating an account or address, the Client is required to supply basic details essential for the Service’s functionality, such as their name, gender, date of birth, and location.
• Kriptom reserves the right to monitor or record interactions between the Client and the Support Service for quality assurance and training purposes.
• During client verification procedures, the Client must provide personal data as requested by the Service for identity verification purposes.
• When participating in surveys or focus groups, the Client may provide feedback, insights, and evaluations related to Kriptom’s services.
• For transactions, the Client may need to provide information required under AML/KYC standards to maintain transaction security and compliance.
• When ordering products through Kriptom’s platform, personal data such as the Client’s full name, postal address, and phone number may be required for delivery purposes.

Personal Data automatically collected during the use of the Service:

• When accessing Kriptom’s App, the Service may collect data related to the Client's device(s), including IP address, device identifiers (e.g., Google Advertiser ID, IDFA), technical and statistical data (e.g., internet connection details, cellular provider, and app usage data), and location data (with separate Client consent).

By providing their personal data to Kriptom, the Client affirms that the information is accurate, truthful, and up-to-date. If the Client creates an account instead of an address, the provisions of this Privacy Policy will still apply.

Use of User’s/Client’s Personal Data

Kriptom collects, processes, and utilizes the personal data of its Clients based on the following legal grounds:

• To fulfill the contract established between the Service and the Client;
• For legitimate business interests of the Service;
• With the explicit and prior consent of the Client.

The personal data of Kriptom’s Clients is collected and processed to maintain service functionality, ensure product delivery, and comply with legal or business-related obligations. The processing of user data serves the following purposes:

For fulfilling contractual obligations between the Service and the Client:

• To set up, manage, and operate the Client’s account or address, and if required, to contact the Client using the details provided during registration regarding account management or operational updates;
• To analyze the Client’s profile, activity, preferences, and location to enhance the quality of services provided;
• To respond to Client inquiries and requests efficiently;
• For administrative purposes, including password recovery, service notifications (such as maintenance alerts), and updates to the Privacy Policy or Terms of Service.

For legitimate business interests of the Service:

• To verify Client information in cases of ongoing or suspected misconduct, address misuse of the Service, investigate potential fraud, and block accounts where necessary as part of anti-spam measures;
• To evaluate the effectiveness of marketing campaigns and perform market research and internal training initiatives.

With explicit Client consent:

• To enable networking opportunities by allowing Clients to add supplementary information to their account or address;
• To display targeted advertisements on the Website tailored to the Client’s preferences;
• For remarketing purposes, enabling the Service to recognize returning visitors and optimize advertisements through third-party services like Google Advertising and myTarget;
• To compile statistics on how Clients use the Services;
• To identify and address technical issues, support internal research and development efforts, and improve the overall functionality of the Website.

Duration of Client’s Data Retention

Kriptom retains the Client’s personal data for the duration necessary to perform the activities outlined in Section 4 of this Privacy Policy and in compliance with applicable laws. The personal data provided by the Client during registration and through their use of the Service will be stored as long as the Client remains an active user of the Service. To ensure the security and safety of its Clients, Kriptom implements a retention period of 30 days following the deletion of a Client’s account or address.

Kriptom may retain the Client’s personal data for longer than the specified retention period in situations where it is necessary to fulfill legal obligations (such as law enforcement requests or dispute resolution) or to comply with applicable laws. Additionally, retention may be extended if the data is required for the Service’s legitimate interests, such as security measures or fraud prevention.

Protection Measures

When using the Website, the Client’s personal data may be transferred to the domain kriptom.com as part of the Service’s operations.

Kriptom is committed to safeguarding its Clients’ personal data against unauthorized access, modification, disclosure, or destruction. Despite employing robust security measures, no technology platform can completely eliminate the risk of unauthorized access, hacking, data breaches, or data loss. While Kriptom strives to protect its Clients’ information, absolute security cannot be guaranteed.

Kriptom reserves the right to temporarily suspend a Client’s account without prior notice if there is reasonable suspicion of a security breach. Clients are encouraged to take proactive steps to ensure the safety and confidentiality of their personal data.

Cookies

To ensure optimal usability, performance, and relevance of its services, Kriptom employs cookies and similar technologies to monitor Client interactions with the Website. This section clarifies the types of cookies used and how Clients can manage them based on their preferences.

A cookie is a small data file stored on the Client’s device when visiting the Website. Cookies facilitate the retention of specific information, such as language preferences, which enhances the user experience. When the Client revisits the Website, the cookie transmits the stored information back to the site. Importantly, the cookies used by the Website do not store sensitive personal information such as the Client’s name or address.

12. Disclaimers

Unless explicitly stated, all services, website components, documents, and other materials provided by Kriptom.com are delivered “as is” and “as available.” Kriptom.com, along with its affiliates, partners, contractors, licensors, content providers (excluding users), service providers, shareholders, employees, personnel, officers, directors, agents, and other representatives (collectively, “Representatives”), make no promises or guarantees regarding the results you may achieve from using our services.

To the fullest extent allowed by applicable laws, we disclaim all express or implied warranties, including but not limited to the continuous availability of services, implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement concerning our services, as well as the information, content, and materials provided within them.

Kriptom.com does not provide any assurances or warranties regarding:

• The continuous, uninterrupted, or error-free availability of the website or any portion of the services or materials on the platform,
• The absence of viruses or harmful components within the platform,
• The complete security of the website, or its invulnerability to cyberattacks, and
• The safety of the website and services from unauthorized access, manipulation, or interference.

Kriptom.com is not liable for any harm or disruptions caused by computer viruses, spyware, scareware, trojans, worms, or other malware that may infect your devices, nor for phishing, spoofing, or similar attacks.

We recommend regularly using trusted virus detection and prevention software. Be aware that SMS and email services are susceptible to spoofing and phishing attacks, and exercise caution when reviewing communications that appear to come from us. You are fully responsible for securing your login credentials, including usernames and passwords, and must take appropriate steps to safeguard your account information.

13. Liability

Liability of Kriptom.com. Kriptom.com and its Representatives’ liability to you or any third parties is limited to the actual loss or damage that directly results from our breach of these Terms and is reasonably foreseeable. In no case will this liability exceed the total fees you paid to Kriptom.com in the three months prior to the event that led to the loss. This amount will be paid to you as a full and final resolution of all claims, covering any losses or claims arising from the breach. You acknowledge that Kriptom.com and its Representatives are not aware of any specific circumstances unique to you, and that damages are an appropriate remedy. Therefore, you will not be entitled to any other claims or remedies, including but not limited to claims for injunctions or specific performance.

Limitation of liability: in no event shall Kriptom.com or its representatives be held responsible for any direct, indirect, consequential, or special damages, or any other form of damage, including but not limited to:

• Any loss of use, loss of profits, or loss of data, whether arising from a contract, tort (including negligence), or other causes, connected to or resulting from the use or inability to use our services, including, but not limited to, the following:
  • Any risks outlined in the risk warning, as updated from time to time;
  • Any action or failure to act under these Terms, or due to your omissions or breaches of these Terms;
  • Any inaccuracies, defects, or omissions in price data, errors, delays, or interruptions in the transmission of such data;
  • Any performance failure, whether due to force majeure or communication failures;
  • The theft, destruction, or unauthorized access to a device used to access and use Kriptom.com’s services;
  • Closing a dormant account after all necessary precautions and notifications have been made;
  • Inability to reach us using the contact information you have provided;
  • Acting upon your instructions or with your approval;
• Any loss of reputation, goodwill, business opportunities, customers, or contracts; any loss of overheads, management, or staff time; or any other loss of revenue or anticipated savings, whether direct or indirect;
• Any loss or damage incurred due to extreme market volatility or any cancellation/amendment of transactions, whether direct or indirect, special or consequential, including loss of profit or opportunities;
• Any loss of use of hardware, software, or data, or any corruption of data;
• Any loss or damage not directly caused by our breach of this Agreement, regardless of whether you can prove such loss or damage.

14. Indemnification

You agree to indemnify and hold Kriptom.com and its Representatives harmless from any claims, damages, obligations, losses, liabilities, actions, disputes, allegations, costs (including attorney fees, fines, and penalties imposed by any regulatory authority), actual and consequential damages, losses (including direct, indirect, or consequential losses, loss of profit, and loss of reputation), and any other expenses, including but not limited to all legal fees and professional costs (“Losses”), that arise or are related to:

• Your use of the Services;
• Your breach or alleged breach of these Terms;
• Your failure to fulfill any warranties or representations made to Kriptom.com;
• Any third-party claims related to your use of the Services;
• Your non-compliance with any applicable laws, including anti-money laundering regulations;

We reserve the right to take control of the defense against any third-party claims for which you are responsible for indemnification. In such cases, you must cooperate fully as requested by us to assert any available defenses. You shall not settle any claims or losses without our prior written consent.

15. Miscellaneous Provisions

Assignment: Neither Party may transfer any of its rights or obligations under this Agreement without the other Party’s prior written consent, except in cases of a change of corporate control (e.g., merger, acquisition, sale of assets). This Agreement will be binding upon and inure to the benefit of the Parties and their permitted successors and assigns.

Waiver: A failure or delay by either Party in exercising any right or remedy under this Agreement will not be deemed a waiver of that right or remedy.

Complaints & Feedback: If you have any complaints, feedback, or inquiries, please contact our Support Service at [email protected]. When reaching out, provide your name, email address, and relevant transaction details for identification purposes.

Severability: If any provision of this Agreement is found to be invalid or unenforceable, it will be modified to reflect the intended economic effect, while the remainder of the Agreement remains in full force. If unenforceable in a specific jurisdiction, the provision will only be ineffective in that jurisdiction and to the extent of the unenforceability.

Force Majeure: Neither Party will be in breach of this Agreement due to delays or failure in performance caused by events beyond its reasonable control, such as natural disasters, government actions, war, terrorism, strikes, or telecommunications service interruptions.

No Third-Party Beneficiaries: This Agreement is not intended to confer any rights or benefits upon any third party.

Changes to These Terms: Kriptom.com may modify these Terms at its discretion. Changes will be posted on the website, and the updated version will indicate the date it was last modified. Changes are effective immediately upon posting. Continued use of the Service constitutes acceptance of the updated Terms. If you disagree with the updates, you must notify us and stop using the Service.

Contact

We provide 24/7 live support via online chat on the Platform. Please direct all inquiries to our Support Service at [email protected]. Using obscene language, offensive expressions, threats, or any inappropriate actions in communication with Kriptom.com representatives is strictly prohibited.