Welcome to CoinPulse.io!
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL TERMS REFERENCED HEREIN. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE COINPULSE SERVICE. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING “AGREE” YOU HEREBY ACKNOWLEDGE THAT YOU AGREE TO ALL TERMS AND CONDITIONS OF THIS AGREEMENT IN ITS ENTIRETY.
1. Agreement between User and CoinPulse.io with Definitions
This Agreement describes the terms of access that gives you permission to use the CoinPulse.io website, the CoinPulse Platform, and any other CoinPulse services. CoinPulse, Inc. refers to the legal entity that, recognized by law, operates this platform and other services, shall include but is not limited to the CoinPulse website that has the domain name CoinPulse.io which is comprised of various web pages operated on CoinPulse Platform. CoinPulse, Inc., CoinPulse.io and the CoinPulse Platform shall be referred to as “CoinPulse” herein for the rest of this agreement. This agreement is made by and between you and CoinPulse, Inc., and will have the legal effect as a legal contract upon registration by you, the user. Permission to access and set up an account on CoinPulse.io is offered to you on the condition of your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms"). The content of this agreement includes the main body of this agreement and any rules that have been posted or may be posted at any future time by CoinPulse. You acknowledge that you take sole responsibility to fully understand all parts of this agreement upon registration. Your use of CoinPulse.io constitutes your agreement to all such Terms in part and as a whole. Please read these terms carefully, and keep a copy of them for your reference.
The CoinPulse website will provide an online platform to exchange digital assets. CoinPulse is a powerful and convenient way to trade one type of digital asset for another. CoinPulse may choose to add or remove additional features and services at the sole discretion of CoinPulse. You acknowledge and agree that CoinPulse is not acting as your broker or as an investment advisor in any fiduciary capacity whatsoever. Furthermore, no communication or information that CoinPulse provides to you shall be considered or perceived as an investment advice of any kind.
2. Electronic Communications
Visiting CoinPulse.io or sending emails to CoinPulse constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, bulletins, newspapers, disclosures and other communications that we provide to you electronically, via email and on the CoinPulse site, satisfy any legal requirement that such communications be in writing.
3. Your Account
CoinPulse shall adhere to a “know your customer” policy (KYC), which may require user submitted documentation. You agree to provide your real name, genuine (legal) identification documents and other information as required by the laws and regulations or that may be required by CoinPulse depending on the level of account verification. If any information you have provided during the registration is falsely provided or inaccurate, CoinPulse will not take any responsibility for any loss or adverse consequences, direct or indirect, that may result. You agree that you will not assign or otherwise transfer your account to any other person or entity. You acknowledge that CoinPulse is not responsible for third party access to your account that results from theft or misappropriation of your account. CoinPulse reserves the right to refuse, freeze, cancel service, or terminate accounts at its sole discretion. CoinPulse shall also have the right to remove or edit content at its sole discretion.
4. Use of CoinPulse Services
While CoinPulse shall provide a service to exchange digital assets, CoinPulse may choose to implement other types of services in the future which will be duly informed.
When accessing or using CoinPulse, you agree that you will not violate-contravene any laws, contracts, or other third-party rights. You agree that you shall be solely responsible for any and all of your actions while using CoinPulse. The following statement and subsequent list of behaviors are general in nature and shall not be considered in any way to be a complete and strict list of examples of unacceptable actions or behaviors. You hereby agree that when using CoinPulse you shall not:
You agree that you will be using CoinPulse services at your own risk. There is potentially substantial risk of loss involved when trading digital assets over an internet connection. You also acknowledge that you are aware that the nature of trading digital assets is highly speculative in nature regardless of experience. You acknowledge that there are risks associated with utilizing an Internet-based trading system including, but not limited to, the failure of hardware, software, and Internet connections.
You hereby acknowledge that CoinPulse will not be responsible for any errors, disruptions, failures, or delays you may experience when using CoinPulse.
6. Account Security
CoinPulse takes your account security very seriously. CoinPulse will employ many technologies to keep your account information and especially your trading related information safe on the CoinPulse platform including, but not limited to data encryption, cold storage, and staying current with emerging security technologies. While CoinPulse will in no way be obligated to employ any or all of the most current or emerging technological methods involving account security, CoinPulse shall consider the application of current and emerging security technologies as part of its overall security procedures which may include contracting specialized security service providers as part of our security protocols.
You agree to be solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or other computer devices used to log in to CoinPulse, and you agree to accept responsibility for all activities that occur under your account or password. You agree to notify CoinPulse immediately if you become aware of any unauthorized use of your CoinPulse account or password. You agree to log out of your account after each session or when you are no longer using CoinPulse. You will follow all required security procedures as stated by CoinPulse during use of any of our services. CoinPulse will not be responsible for any loss caused by your failure to comply with these terms.
CoinPulse will offer separate individual accounts to each member. This information shall be considered to be highly confidential, personal, non-transferable and sensitive in nature with regards to other members and the general public while accounts are active and in good standing. While the terms herein apply as a whole, personal account information and submissions from you specifically related to digital assets and trading such as wallet numbers, KYC documentation, and amounts of assets held in the account shall not be made public or shared with 3rd parties unless absolutely necessary in the course of normal business procedures during the operation of CoinPulse. CoinPulse reserves the right to make occasional exceptions to this rule that CoinPulse deems necessary at its sole discretion such as, but not limited to when it is found that an account holder has committed fraud, theft, or other malicious actions. These account related user submissions as described here in this section shall retain this exception over user submissions to “Communication Services” in that account related submissions shall not be freely distributed or published by CoinPulse.
If you don't agree with any of the Terms herein you shall discontinue use of CoinPulse and all and any of the services provided on the CoinPulse website. If your access to CoinPulse is terminated, suspended, or frozen for any reason at the sole discretion of CoinPulse, CoinPulse may choose to return any portion of your digital assets less the cost of any fees determined to be rightfully owed by you at the sole discretion CoinPulse. If it is determined that any digital assets have been obtained illegally, through inappropriate or dishonest actions, or as the result of misinformation, CoinPulse may suspend any transfers until it is determined how the rightful owner is to be compensated at the sole discretion of CoinPulse.
If your account has been terminated, CoinPulse shall not have any duty to keep or disclose to you any information in your account or send any data to you. CoinPulse shall have the right to keep any information related to your account as determined solely by CoinPulse. You agree that if CoinPulse revises these Terms at any time, you are agreeing that you have accepted these changes if you continue to use CoinPulse.
8. Links to Third Party Sites/Third Party Services
CoinPulse.io may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of CoinPulse and CoinPulse is not responsible for the contents of any linked site, including without limitation any link contained in a linked site, or any changes or updates to a linked site. CoinPulse is providing these links to you only as a convenience and as a reference; and the inclusion of any link does not imply endorsement by CoinPulse, of CoinPulse, or any association with its operators.
Certain services made available via CoinPulse.io are delivered by third party sites and organizations. By using any product, service or functionality originating from the CoinPulse.io domain, you hereby acknowledge and consent that CoinPulse may share such information and data with any third party with whom CoinPulse has a contractual relationship to provide the requested product, service or functionality on behalf of CoinPulse.io users and customers.
In addition, any and all of your business dealings or correspondence with such third parties are solely between you and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. It is understood that your use of third-party content, and your interactions with these parties, is solely at your own criteria and risk.
9. No Unlawful or Prohibited Use/Intellectual Property
All content included as part of CoinPulse, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on CoinPulse, is the property of CoinPulse, its suppliers, or affiliates and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and also, you agree not to alter by any means.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, available and found on CoinPulse. CoinPulse content is not for resale. Your use of CoinPulse does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of CoinPulse and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of CoinPulse or our licensors except as expressly authorized by these Terms.
10. Use of Communication Services
CoinPulse may contain bulletin board services, chat areas, news groups, forums, communities, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively referred to as: "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. You hereby agree that when using any of the Communication Services, you will not:
CoinPulse has no obligation to monitor the Communication Services. However, CoinPulse reserves the right to review materials posted to any of our Communication Services and to remove any materials at its sole discretion. CoinPulse reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
CoinPulse reserves the right at all times to disclose any information as necessary to comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at CoinPulse's sole discretion.
Always use caution when giving out any personally identifying information about yourself in any Communication Service. CoinPulse does not control, monitor, or endorse the content, messages or information found in any Communication Service and, therefore, CoinPulse specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any of our Communication Services.
11. Materials Provided to CoinPulse Communication Services
CoinPulse does not claim ownership of the materials you provide to CoinPulse.io (including feedback and suggestions) or post, upload, input or submit to any CoinPulse Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting CoinPulse, to use your Submission in connection with the operation of business including, without limitation, the rights to:
No compensation will be paid with respect to the use of your Submission, as provided herein. CoinPulse is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in CoinPulse's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
12. Unclaimed or abandoned property
If CoinPulse ends up holding digital assets in your designated wallet on your behalf, and we are unable to return your digital assets to your designated external digital asset address after a period of inactivity, then we may report and remit such digital assets in accordance with applicable unclaimed property laws.
13. Trading Dust
CoinPulse shall have a policy of reconciling small unusable amounts of digital assets, which remain in your account unused and unusable for a significant period of time. This policy shall be instituted and explained here at the sole discretion of CoinPulse.
14. Third Party Accounts
You may be able to connect your CoinPulse account to third party accounts. By connecting your CoinPulse account to your third party account, you acknowledge and agree that you are consenting to the potentially continuous release of information about you to others (in accordance with your privacy settings associated with these sites). If you do not want information about you to be shared in this manner, do not use this feature.
15. Accessing CoinPulse Services
You shall responsible for compliance with all local laws in the jurisdiction or Country from which you intend to access any of CoinPulse Services. You agree that you will not use any CoinPulse content accessed through CoinPulse.io or any other of our affiliated websites in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
16.1 Collection of your Personal Information:
16.2 Use of your Personal Information:
16.3 Sharing Information with Third Parties:
16.4 Automatically Collected Information:
16.6 Security of your Personal Information:
You agree to indemnify, defend and hold harmless CoinPulse, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use CoinPulse, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Regardless whether CoinPulse has been advised of the possibility of the potential of such losses you acknowledge and agree that CoinPulse shall not be liable for any of your losses including but not limited to loss of profits, loss of revenue, loss of business, data, or other intangible losses including but not limited to the following circumstances:
CoinPulse reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with CoinPulse in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to laws of Republic of Panama, conducted by a single neutral arbitrator and administered by an arbitration service selected by the parties, strictly monitored or under the supervision of the law firm Estudio Benedetti in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the laws of Republic of Panama governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
19. Class Action Waiver:
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and CoinPulse agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
20. Force Majeure Events:
CoinPulse shall not be liable for any inaccuracy, error, delay in, or omission of any information, or the transmission or delivery of information, any loss or damage arising from any event beyond CoinPulse’s reasonable control, including but not limited to flood, fire, governmental action, power failures, equipment malfunctions, software errors/malfunctions, extreme weather conditions, earthquake, acts of God, or any other causes beyond the reasonable control or CoinPulse.
21. Liability Disclaimer:
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH CoinPulse MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. COINPULSE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN COINPULSE AT ANY TIME.
COINPULSE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON COINPULSE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. COINPULSE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
22. Termination/Access Restriction:
CoinPulse reserves the right, in its sole discretion, to terminate your access to CoinPulse and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of Republic of Panama and you hereby consent to the exclusive jurisdiction and venue of courts in Republic of Panama in all disputes arising out of or relating to the use of CoinPulse. Use of CoinPulse is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and CoinPulse as a result of this agreement or use of CoinPulse. CoinPulse's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of CoinPulse's right to comply with governmental, court and law enforcement requests or requirements relating to your use of CoinPulse or information provided to or gathered by CoinPulse with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and CoinPulse with respect to CoinPulse and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and CoinPulse with respect to CoinPulse. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
23. Changes to Terms and Condition:.
CoinPulse reserves the right, in its sole discretion, to change the Terms and Conditions under which CoinPulse.io is offered. The most current version of the Terms and Conditions will supersede all previous versions. CoinPulse encourages you to periodically review the Terms and Conditions to stay informed of our updates.
Effective as of April 1, 2018