Terms of Service
Last updated: 1 January 2024
1. Introduction
This is a contract between you and Fintech Payments, S.L. ("Criptopocket"), a company incorporated and existing under the laws of the Kingdom of Spain and having its registered office at Calle del General Pardiñas 92, 2ª planta, 28006 Madrid, Spain.
1.1 Please read this document carefully as it sets out the terms and conditions on which Cryptopocket will provide services to you through our websites, application programming interfaces ("APIs") or mobile applications (collectively, our "Site").
1.2 By registering for an account with Cryptopocket and using our Services, you agree that you have read, understood and accepted all of the terms and conditions contained in this Agreement, as well as our Privacy Policy and Cookie Policy.
1.3 This Agreement shall govern your use of the Services provided by Cryptopocket. By using the Services, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to any of the terms of this Agreement, or any subsequent modifications to this Agreement, you will not be permitted to use the Services and your Account with us will be closed. This Agreement will become effective when you electronically confirm that you agree to it. We recommend that you retain a copy of this Agreement and transaction records.
1.4 The use of Cryptoassets may be illegal in some jurisdictions. It is your responsibility to be aware of the regulatory requirements relating to Cryptoasset transactions in your jurisdiction before using the Services.
2. For the purposes of this Agreement:
2.1 an "Account" means an online account created by you to access the Cryptopocket Services;
2.2 a "Business Day" means any day which is not a Saturday, Sunday or public holiday in the jurisdiction referred to in clause 1 on which banks are open for business in that jurisdiction;
2.3 "Cryptoasset", "Cryptoasset", "Cryptoasset" or "Cryptoassets" means a cryptographically secure digital representation of value or contractual rights that uses a form of distributed ledger technology and can be transferred, stored or traded electronically. The definition of Cryptoasset also includes "right or interest in the Cryptoasset";
2.4 "Order" means a request for the Services;
2.5 "Partner" means third party companies that refer you to Cryptopocket to buy and/or sell Cryptoassets or Cryptocurrencies;
2.6 "Partner Sites" means the Partners' mobile applications and websites;
2.7 "Services" means the buying and/or selling of Cryptoassets through Cryptopocket; and
2.8 "Wallet" means a secure digital facility in which Cryptoassets are stored.
3. Has understood, acknowledged and accepted the following DISCLAIMER:
3.1 The risk of loss in trading or holding Bitcoin or any other Cryptoasset may be considerable. You should therefore carefully consider whether trading or holding Bitcoin or any other Cryptoasset is suitable for you in light of your financial situation. When considering whether to trade or hold Cryptoassets, you should bear in mind that the price or value of Cryptoassets can change rapidly, decline and potentially even fall to zero.
3.2 You acknowledge that Cryptopocket is not responsible for safeguarding or maintaining your Crypto-token, nor any private keys or other security information to access your Crypto-token and that Cryptopocket is not responsible for any loss of Crypto-token resulting from the theft, loss or mishandling of the Crypto-token, private keys or other security information beyond its control.
3.3 Each purchase and sale of Cryptoassets is made and confirmed by the respective network of that Cryptoasset. Confirmation takes a period of time (usually less than an hour, but possibly a day or more). An order is not complete until it is confirmed. Cryptoassets associated with Orders that are in pending status will be designated accordingly.
4. Capacity
In order to use any of the Cryptopocket Services, you confirm that you are:
4.1 over 18 years of age;
4.1 have sufficient capacity to enter into legally binding contracts;
4.1 reside in a country where the relevant Cryptopocket Services are accessible; and
4.1 willing to provide us with any current and valid personal identification documents that we request;
5. Services provided
5.1 Once you have completed the registration process (as set out in clause 5 below), Cryptopocket will provide the Services to you.
5.2 Cryptopocket shall ship/deliver the Cryptoassets to the Wallet address indicated by the Client at the time of the Order subject to the conditions of this Agreement;
5.3 At no time during the purchase or sale shall Cryptopocket be in possession or control of the Client's funds.
5.4 Cryptopocket does not provide Cryptoasset wallets, Cryptopocket does not host wallets and is not a custodian of funds or assets; and
5.5 Orders through Cryptopocket are executed individually, one by one.
5.6 Cryptopocket does NOT facilitate or provide trading, investment or brokerage accounts or facilities, nor does Cryptopocket provide investment or any other financial advice.
6. Customer registration process
6.1 To use the Cryptopocket Services, you must register for an Account by providing your first and last name, telephone number, email address and you must agree to the terms of this Agreement. By using the Cryptopocket Services, you agree and represent that you will use the Cryptopocket Services only for yourself and not on behalf of any third party. Upon successful completion of the registration process, Cryptopocket will establish your account. You are fully responsible for all activity that occurs on your Cryptopocket Account. We may, in our sole discretion, refuse to open a Cryptopocket Account for you, or limit the number of Accounts you may have or suspend or terminate any Account, and we are not obligated to provide you with the reasons for taking such action.
As part of the registration process, you must provide Cryptopocket with information requested as part of the Account opening process to identify and verify your identity and for the detection of money laundering, terrorist financing, fraud or any other financial crime, and to allow us to maintain a record of such information. You must complete certain verification procedures before you are permitted to begin using the Cryptopocket Services.
6.2 The information we request may include certain personal information including, but not limited to, your name, address, telephone number, email address, date of birth, tax identification number, national identification number, bank account information (such as bank name, account type, routing number and account number), network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status details. By providing us with this or any other information that may be required, you confirm that the information is accurate and correct and agree to keep us updated if any of the information you provide changes. We will treat this information in accordance with the data protection provisions of this Agreement, as set out in clause 13.
6.3 You authorise us to make enquiries, either directly or through third parties, which we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime and to take such action as we reasonably consider necessary based on the results of such enquiries. When we make these enquiries, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud or financial crime prevention agencies and that these agencies may respond to our enquiries in full. This is an identity verification only and should not have an adverse effect on your credit rating. In addition, we may require you to wait a certain period of time after completing a transaction before allowing you to use further Cryptopocket services and/or before allowing you to engage in transactions beyond certain volume limits.
6.4 Failure to provide any information that Cryptopocket reasonably requests from you in accordance with applicable money laundering laws and regulations after you have become a Client shall be grounds for suspension of the provision of Services to you (including access to your Account) and/or termination of this Agreement. The nature and extent of the information you are required to provide may differ, for example, depending on the Services provided to you under this Agreement and/or the means of payment you use.
6.5 Where our Partners refer you to us through Partner Sites, you will still need to register for an Account with Cryptopocket and, accordingly, this agreement shall apply in full irrespective of any other terms you enter into with our Partners.
7. Transaction limits and enhanced due diligence
7.1 The use of all Cryptopocket Services is subject to a limit on the volume, set in EUR, USD, GBP, or other fiat currency that you may transact or transfer in a given period (e.g. daily). To view your limits, log in to your Cryptopocket account. Your transaction limits may vary depending on your payment method, the verification steps you have completed and other factors. We reserve the right to change the applicable limits as we deem necessary and, where possible, we will notify you in advance, although in some cases this will not be possible and you will be informed after changes to the applicable limits have occurred. If you wish to increase your limits beyond the published amounts, you may send a request to [email protected].
7.2 We may require you to submit additional information about yourself and provide additional documentation if you wish to increase your limits ("Enhanced Due Diligence"). At our discretion, we may refuse to increase your limits, or we may reduce your limits at a later time, even if you have completed Enhanced Due Diligence.
8. Cryptoasset Orders
8.1 You may buy and sell Cryptoassets (if you are in a Qualifying Region) from and to us, through our Site and through the Partner Sites, subject to the applicable fees and limits displayed during the buying and selling flow. The price, exchange rate and amount of the Cryptoasset you wish to buy or sell will be confirmed at the time you place an Order with us.
8.2 Acceptance by us of an Order does not guarantee that you will receive the relevant amount of the Crypto-asset or fiat currency. The order of the Crypto-asset is conditional upon our receipt of funds from your bank account or credit or debit card, as well as payment of any applicable fees.
8.3 Subject to clause 6.2 and the Order being fulfilled by the Customer's bank, card provider or other relevant party, purchases of Cryptoassets will be sent to any Cryptoasset Wallet, as provided by you at the time of the Order, as soon as possible once the purchase has been confirmed by the blockchain network corresponding to the cryptoasset purchased. Once submitted to a Cryptoasset network, a Cryptoasset purchase will not be confirmed for a specified period of time pending confirmation of the Order by the Cryptoasset network. Orders for Cryptoassets that are in pending status will not be sent to your wallet or purse.
8.4 Subject to clauses 6.2 and 8, sales of Cryptoassets will be debited from any Cryptoasset Wallet, as provided by you at the time of the Order, as soon as possible after the sale of Cryptoassets has been confirmed by the Cryptoasset network. Once submitted to a Cryptoasset network, a sale of Cryptoassets will not be confirmed for a period of time until the Cryptoasset network sufficiently confirms the Order. Orders for Cryptoassets that are in pending status will not be uploaded to the wallet. Once the sale of Crypto-assets is confirmed, the trust funds will be credited to the Customer's bank, card provider or other relevant party.
8.5 Cryptopocket may use a third party payment processor to process any fiduciary payments between you and Cryptopocket.
8.6 Recurring Transactions. If you set up a recurring purchase or sale of Cryptoassets (a "Future Transaction"), you authorize us to initiate recurring electronic payments in accordance with your selected Cryptoasset Order. Your Future Transactions will occur in identical periodic installments, according to your choice of period (e.g., daily, weekly, monthly), until either you or Cryptopocket cancel the Future Transaction. This authorization will remain in full force and effect until you change your Future Transaction settings or until you send us written notice via [email protected].
8.7 Please note that, as part of accessing our Services, you may be required to sign up to separate and independent terms when using the Partner Sites and with any third-party payment processor.
9. Storage of Crypto-assets
9.1 Cryptopocket does not provide any Wallet or hold, protect or manage any private key or other security information or Cryptoasset for its Clients.
9.2 When using the Services, you will be asked to provide us with the address of your Wallet either:
9.2.1 provide a QR code representing your Wallet address; or
9.2.2 by manually typing in the address of your Wallet where it is provided when placing a buy or sell order.
9.3 It is your responsibility to provide us with a true, accurate and complete Wallet address when placing an order to buy or sell. Therefore, it is important that the Wallet address you provide for an order is correct. You understand and agree that Cryptopocket assumes no responsibility or liability for your providing an incorrect or inaccurate Wallet address as part of a buy or sell order. By providing us with a Wallet address, you confirm that this is the Wallet address that you will use for the relevant order and we will not check, and have no responsibility to check, whether you have provided a correct and accurate Wallet address for the buy or sell order.
10. Transmission delays
10.1 Cryptopocket will use its best efforts in good faith to fulfill Orders to buy or sell at the time you place such Orders, including any applicable costs and fees. However, from time to time, it may be necessary for Cryptopocket to delay the fulfillment of an Order until such time as we are able to execute the Order. In such cases, we will notify you prior to the completion of your Order both:
10.1.1 the amount of Cryptoassets that it will receive; and
10.1.2 the then-current price (including associated costs and fees).
10.2 Cryptopocket has no control over the transaction times of the Cryptoasset network and there may be instances where transaction times are longer than usual. As such, you accept the risk that an order facilitated by Cryptopocket may be delayed and you confirm that you will not hold Cryptopocket liable for any loss, damage or injury arising out of or in connection with any such delay.
11. Cancellations and refunds
11.1 Once you have placed a buy or sell order, you may not cancel or retrieve it.
11.2 All orders are final and non-refundable.
11.3 Once an order has been submitted to the Cryptoasset Wallet, it cannot be withdrawn or retrieved under any circumstances.
11.4 You hereby agree that upon delivery, you shall not be entitled to any credit or refund and that all purchases and sales of Crypto-assets are final. Cryptopocket's obligation to you shall be discharged in full upon delivery of the Cryptoasset to your Wallet or the trust funds to your bank account and you shall have no claim or any other right against Cryptopocket upon such delivery.
11.5 Please also note that Cryptoasset transactions are irreversible. It is your sole responsibility to be aware of any fraud or error and to keep your private key secure. Cryptopocket will not assume responsibility for issuing refunds, regardless of whether you were a victim of fraud, error or loss of private key.
12. Suspension, termination and cancellation
12.1 Cryptopocket may: (a) refuse to complete, or block or terminate your authorization, (b) suspend, restrict or terminate your access to any or all Cryptopocket Services, and/or (c) deactivate or terminate your Cryptopocket Account with immediate effect for any reason, including, without limitation, when:
12.1.1 we reasonably believe that we should do so to protect our reputation;
12.1.2 we are, in our reasonable opinion, required to do so by law, applicable regulation or any court or other authority to which we are subject in any jurisdiction;
12.1.3 we reasonably suspect that you are acting in breach of this Agreement;
12.1.4 we are concerned that a transaction is erroneous or about the security of your Cryptopocket Account or we suspect that the Cryptopocket Services are being used in a fraudulent or unauthorized manner;
12.1.5 we have evidence of money laundering, terrorist financing, fraud or any other financial crime;
12.1.6 the use of your Cryptopocket Account is subject to any pending litigation, investigation or governmental proceeding and/or we perceive an increased risk of legal or regulatory non-compliance associated with your Cryptopocket Account activity; and/or
12.1.7 takes any action that may circumvent our controls, such as opening multiple Cryptopocket accounts or abusing promotions that we may offer from time to time;
12.1.8 you fail to provide in the relevant order such documentation as Cryptopocket (or any third party whose services we use to provide the Services to you under this Agreement) reasonably requires to comply with its obligations under applicable money laundering laws and regulations or otherwise to ensure verification of your identity and/or funding sources to Cryptopocket's satisfaction;
12.1.9 any Cryptoasset Order exceeds the quantitative limits set by Cryptopocket;
12.1.10 Cryptopocket reasonably believes that it is necessary or desirable to do so to protect the security of the Account, including in circumstances where Account details may have been lost or stolen;
12.2 In the event of such suspension, Cryptopocket will make all reasonable efforts to inform you of the withholding or suspension, provided that such disclosure:
12.2.1 does not violate any applicable law or regulation and does not contravene the instructions of any competent authority or regulator; and
12.2.2 does not compromise Cryptopocket's reasonable security measures.
12.3 Cryptopocket shall not be liable to you for any loss you may suffer as a result of any reasonable action it takes to suspend the Account or withhold settlement of a Cryptoasset Order in accordance with this clause 10.
When the grounds for Cryptopocket's actions under this clause 10 cease to exist, Cryptopocket may, at its discretion, reinstate access to the Account and the Services and/or grant Customer a new Account and reserves the right to require Customer to re-complete the Account opening procedures as described in this Agreement and to resolve any open issues with its Account before a restriction may be removed.
Without limiting the foregoing, we may suspend, restrict or terminate your access to any or all Cryptopocket Services and/or deactivate or terminate your Cryptopocket Account, without cause, upon one month's prior notice to you. You acknowledge that our decision to take certain actions, including limiting access, suspending or closing your Cryptopocket Account, may be based on confidential criteria that are essential for the purposes of our security and risk management protocols. You agree that we are under no obligation to disclose to you the details of our risk management and security procedures.
12.4 You may also cancel your Cryptopocket Account, at any time and free of charge, and shall only pay for those Services used that are subject to charges. If any order is in pending status at the time your Cryptopocket Account is cancelled or suspended, such order shall be completed before the cancellation is effected. You may not cancel your Cryptopocket Account to evade an investigation or to avoid paying any amount otherwise owed to Cryptopocket.
12.5 In the event that either you or we terminate this Agreement or your access to the Services, or deactivate or terminate your Cryptopocket Account, you will remain liable for all amounts due under this Agreement prior to this, including all fees and charges.
13. Fees
13.1 All fees payable under this Agreement are displayed prior to the purchase or sale of Cryptoassets through the use of the Services, and will be payable in the applicable fiat currency. Please note that our fees are made clear to you at the point of sale, and at this point you will be asked to confirm that you are clear on the fee and that, by continuing, you accept the fee before Cryptopocket executes the Order.
13.2 Cryptopocket reserves the right to pursue any financial losses suffered due to you filing a chargeback procedure with your bank. These may include administration fees charged by the card acquirer and card schemes, as well as the monetary value of the Cryptoassets.
14. Taxes
You are responsible for determining whether, and to what extent, taxes apply to any transactions associated with these Services. You must withhold, collect, report, and remit the correct amounts of tax to the appropriate tax authorities.
15. Data Protection
We are committed to keeping your personal information secure. We process personal information in accordance with applicable data protection legislation. Please read our privacy policy to understand how we use and protect the information you provide to us (a copy of our privacy policy can be accessed here: https://www.cryptopocket.io/politicadeprivacidad).
16. Responsibility
16.1 Neither Cryptopocket, nor any of its directors, employees or agents, shall be liable for any loss or damage suffered by you as a direct or indirect result of Cryptopocket's provision of its Services. Nothing in this Agreement shall exclude or restrict any liability of Cryptopocket resulting from:
16.1.1 death or personal injury;
16.1.2 for fraud, fraudulent misrepresentation or fraudulent misrepresentation; and/or
16.1.3 any legal liability not subject to limitation.
16.2 Cryptopocket shall in no event be liable for any loss of profits, loss of opportunity, loss of business, loss of savings, loss of goodwill, loss of Cryptoassets, claims of third parties, loss of anticipated savings (whether direct or indirect) or for any special loss whatsoever, direct, indirect or consequential, however caused, even if caused by Cryptopocket's negligence and/or breach of contract and even if such loss was reasonably foreseeable or if Cryptopocket had been advised of the possibility of you incurring it.
16.3 Cryptopocket disclaims all liability associated with the use of Cryptoassets, including:
16.3.1 unknown inherent technical defects;
16.3.2 regulatory or legislative changes; and
16.3.3 currency fluctuation.
16.4 Cryptopocket will assume no responsibility for any damage or disruption caused by computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack. It is your responsibility to use reliable and readily available virus detection and prevention software. You should also be aware that email and SMS services are vulnerable to phishing and spoofing attacks and you should exercise caution when reviewing messages purporting to originate from Cryptopocket's identity.
16.5 You will indemnify us, our subsidiaries, members, directors, partners, officers, employees, contractors and agents and, if applicable, indemnify us, from any loss, liability, claim, demand, damages, costs, expenses (including legal fees) that may arise out of or in connection with the Services, any content on the Services shared by you or other users, third party websites or resources found through the Services, any user of the Services, or any breach of this Agreement, applicable laws or any laws or regulations in any jurisdiction.
17. Warranties and representations
17.1 By accepting this Agreement, you represent, warrant, and undertake to us that:
17.1.1 you have full power and authority to enter into this Agreement;
17.1.2 you understand and acknowledge that we do not guarantee that any of the Services available through our API are suitable or appropriate for your needs and that you should obtain your own independent legal and other advice about such Services;
17.1.3 you are entering into this Agreement as principal and not on behalf of a third party;
17.1.4 you will not be in breach of any applicable law by entering into this Agreement or by receiving the Services provided under this Agreement;
17.1.5 shall not provide false, misleading or inaccurate information;
17.1.6 you will not provide any viruses, malware, worms, Trojan horses, or any other computer programming routines that may damage, corrupt, interrupt, misuse or gain unauthorized access to any data, system information, or services of Cryptopocket;
17.1.7 the funds or Cryptoassets transferred to the Portfolio or any sub-Portfolio have been lawfully acquired;
17.1.8 you will not use an anonymous proxy; use any other automatic device, spider, or manual process to copy or monitor our websites without our prior written permission;
17.1.9 you will not harass or threaten our employees, agents, or other users;
17.1.10 you understand and acknowledge that, while we use reasonable efforts to ensure the accuracy of the information we provide and which is in turn provided to you, neither we nor any of our directors, employees, or agents make any representation or warranty, express or implied, as to the accuracy or completeness of such information;
17.1.11 any information provided by you to Cryptopocket under this Agreement is true, complete, accurate, current and not misleading; and
17.1.12 shall provide all assistance reasonably requested by Cryptopocket to enable Cryptopocket to perform its obligations under this Agreement.
17.2 The Cryptopocket Services are provided on an "as is" and "as available" basis, without any further promises by us as to the availability of the Cryptopocket Services. Specifically, we make no implied warranties of title, merchantability, fitness for a particular purpose, and/or non-infringement. We make no promise that access to the Site, any of the Cryptopocket Services, or any of the materials contained therein, will be continuous, uninterrupted, timely, or error-free.
17.3 Cryptopocket does not represent or warrant that the Services are applicable or appropriate for use by Clients in all jurisdictions and it is your responsibility to ensure compliance with the laws of any relevant jurisdiction of your residence.
18. Stored card data
18.1 We are legally obliged to obtain your consent to allow us to store your card details for future use and we cannot process your payment before you agree to such storage. By accepting this Agreement, you give us permission to do so.
18.2 Your Card will remain stored in your Account for transactional purposes unless you choose to delete it or until the Card expires. For legal purposes, we will continue to store records of your transactions in accordance with our Privacy Policy.
18.3 We need to do this so that you can deposit and withdraw more easily in the future and it also helps us to prevent and detect any fraudulent activity.
18.4 The stored details are primarily used so that you do not have to re-enter all your details for each transaction you make. In your Account, you will see the last 4 digits of the card number, and this forms the reference so that you can refer to the correct card you wish to use.
18.5 We also compare the data stored in our fraud detection systems, to prevent your data from being used in other Accounts and to safeguard your data.
18.6 Under our policy, if you do not agree to us storing your payment card details, we will not be able to process your payment order from the card used.
18.7 Changes to the permitted use will require your consent, we will notify you if this occurs.
19. Right of withdrawal
19.1 You have 14 (fourteen) calendar days to exercise your right to withdraw from this Agreement without giving any reason or paying any penalty. This withdrawal period starts on the day following the date on which we accept your request.
19.2 We will not normally provide the Services during the period of the exercise of the right of withdrawal. Any Service or Order that is placed immediately prior to the exercise of this right of withdrawal cannot be reversed.
19.3 You must notify us of your withdrawal request within the allotted period by email to [email protected].
19.4 If you exercise your right of withdrawal, this Agreement will terminate at no cost to you.
20. Duration
20.1 This Agreement shall commence in the manner set out in clause 1 and shall continue unless either party gives notice to the other in writing in accordance with this Agreement.
20.2 The Client may terminate this Agreement immediately by giving written notice to Cryptopocket.
20.3 Cryptopocket may terminate this Agreement in accordance with all provisions of this Agreement.
21. Security
21.1 We will provide you with security details that will be necessary for you to access your Account with us. You must keep all such security details (including usernames and passwords) private and not share such details with any third party.
21.2 You must monitor your Account and read all messages sent to you. If you suspect that any feature of your Account (e.g., login details, password or other security feature) has been lost, stolen, misappropriated, misused without authorisation or otherwise compromised, you must contact us immediately to notify us of such action and agree to change your password immediately if necessary.
21.3 We will never ask you to share your password with us or any third party and you should never disclose this to anyone or allow anyone to observe you accessing your Account. It is recommended that to keep your Account secure, you change your password regularly as this will minimise the risk of your Account being compromised.
21.4 You should also ensure that your registered email accounts are secure and accessible only by you, as your email address may be used in the password reset process or we may send communications to your email account regarding the security of your Account with us. In the event that any of the email addresses registered to your Account are compromised, you should contact us immediately and also contact your email service provider once you become aware of this.
Force majeure
Unless otherwise stated, neither party shall be liable for any loss caused directly or indirectly by circumstances beyond its control, including but not limited to acts of God or natural disasters, governmental restrictions, market or exchange decisions, actions affecting securities, clearing or commodity exchanges including trading suspensions or extensions of trading hours, cut-off times and holidays, acts of civil or military authority, national emergencies, industrial disputes, acts or regulations of any government or supranational bodies and authorities or the failure or malfunction of any telecommunications or computer service.
23. Notices
23.1 All notices and communications under or in connection with this Agreement:
23.1.1 Must be in written and legible English or Spanish (you confirm by signing this Agreement that you have adequate knowledge and understanding of the English or Spanish language);
23.1.2 Must be delivered and/or sent to us at the following address: Calle Núñez de Balboa 121, 1º A, 28006 Madrid, Spain. Email: [email protected]. or at another address (within Spain) as we may notify you from time to time; and
23.1.3 Will be delivered or sent to you at the postal address or email address you have notified or provided to us in connection with this Agreement.
23.2 Any notice or other communication sent by post shall be deemed to have been received if sent by prepaid first-class post (if to/from Spain) or by prepaid airmail (if to/from outside Spain), at the beginning of the second Business Day after it is posted; or if mailed to or from a place outside Spain, at the beginning of the sixth Business Day after it is mailed.
23.3 The parties acknowledge that any notice or other communication shall be deemed to be given in the following manner:
23.3.1 If delivered, at the time and on the date of delivery if delivered on a Business Day, or at the beginning of the next Business Day if delivered at any other time;
23.3.2 If posted to and from a place within Spain, at the beginning of the second Business Day after it is posted;
23.3.3 If mailed to or from a place outside Spain, at the beginning of the sixth Business Day after it is mailed; or
23.3.4 If sent by e-mail, at the time and on the date of transmission if transmitted during normal office hours (09:30-17:30) on a Business Day (local time at the place of receipt) and in any other case at the beginning of the Business Day following the date of transmission.
23.4 This clause shall not apply to the service of any proceedings or other documents in any legal action by the parties. Cryptopocket will not accept service of process or any legal action by e-mail from you or any third party.
23.5 We may (where permitted by law) communicate with you by posting information in your Account or on the Cryptopocket Website, in which case the information will be deemed to have been received by you when we post it.
23.6 General complaints and queries. If you have comments or questions, please contact us via our customer service email address at [email protected]. Please provide your name, address and any other information we may need to identify you, your Account and the Order about which you have comments or questions.
23.7 For any complaints regarding the Services, you are encouraged to contact [email protected]. If we receive a complaint from you, we will immediately conduct an independent investigation of your complaint and provide you with a written response. We will endeavour to respond to you within thirty (30) days of receiving your written complaint with our final response.
24. Miscellaneous and general
24.1 You must comply with all applicable laws, regulations, licensing requirements and third party rights (including but not limited to data privacy laws) in your use of the Cryptopocket Services.
24.2 We grant you a limited, non-exclusive, non-transferable license, subject to the terms of this Agreement, to access and use the Website and related content, materials, and information (collectively, the "Content") solely for approved purposes as permitted by us from time to time. Any other use of the Website or the Content is expressly prohibited and all other right, title, and interest in and to the Website or the Content are the exclusive property of Cryptopocket and its licensors. You agree not to copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale, create derivative works, or otherwise exploit the Content, in whole or in part.
24.3 "Cryptopocket", Cryptopocket.io and all logos relating to the Cryptopocket Services or displayed on the Website are trademarks or registered trademarks of Cryptopocket or its licensors. You may not copy, imitate or use them without our prior written consent.
24.4 Your use of the Cryptopocket Services and the Website is subject to international export controls and economic sanctions requirements. By sending, buying, selling Cryptoassets through the Website or the Cryptopocket Services, you agree that you will comply with those requirements. You are not permitted to purchase Cryptoassets or use any of the Cryptopocket Services through the Website if:
24.4.1 you are in, under the control of, or a national or resident of any country to which the United States, United Kingdom, European Union, or any other jurisdiction has embargoed goods and services;
24.4.2 you are identified as a "Specially Designated National" by the United States Treasury Department or placed on any other prohibited party or sanctions lists by the United States, United Kingdom, European Union, or any other jurisdiction;
24.4.3 you intend to supply any acquired Cryptoassets or Cryptopocket Services to a sanctioned country, individual or entity.
24.5 We will notify you of any changes to this Agreement upon your first use of the Cryptopocket Services following any such modification. You will be deemed to have accepted the change if you continue to use the Cryptopocket Services. If you do not accept the change, you must inform us and the Agreement will terminate.
24.6 We may make all other amendments to the Agreement by posting the revised Agreement on the Website or by emailing it to you, stating when the revised Agreement will take effect. While we will endeavor to provide you with advance notice where possible, where lawful, we may indicate that the revised Agreement will take effect immediately and, if you do not agree to such amendment, you must close your Cryptopocket Account and stop using the Cryptopocket Services.
24.7 Copies of the most current version of the Agreement will be available on the Website at all times and will be provided to you by email upon request.
24.8 Nothing in this Agreement shall be deemed or intended to be, or shall cause you or Cryptopocket to be, treated as partners or joint ventures, or you or Cryptopocket to be treated as agents of the other.
24.9 If you receive information about another user through the Cryptopocket Services, you must keep the information confidential and only use it in connection with the Cryptopocket Services. You may not disclose or distribute a user's information to a third party or use the information except as reasonably necessary to carry out a transaction and other functions reasonably incidental thereto, such as support, reconciliation, and accounting, unless you receive the user's express consent to do so. You may not send unsolicited communications to another user through Cryptopocket.
24.10 You are responsible for keeping your email address and telephone number updated in your Cryptopocket Account profile to receive any notices or alerts we may send you (including notices or alerts of actual or suspected security breaches).
24.11 This Agreement (including the documents incorporated by reference herein) comprises the entire understanding and agreement between you and Cryptopocket as to the subject matter hereof, and supersedes any and all prior discussions, agreements, and understandings of any kind (including, without limitation, prior versions) and of every nature between you and Cryptopocket.
24.12 The section headings in this Agreement are for convenience only and shall not govern the meaning or interpretation of any provision of this Agreement.
24.13 This Agreement is personal to you and you may not transfer or assign your rights, licenses, interests, and/or obligations to anyone else. We may transfer or assign our rights, licenses, interests, and/or our obligations at any time to anyone, including, without limitation, as part of a merger, acquisition, or other corporate reorganization involving Cryptopocket, provided that such transfer or assignment does not materially affect the quality of the Cryptopocket Services you receive. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties, their successors, and permitted assigns.
24.14 If any provision of this Agreement is determined to be invalid or unenforceable under any applicable law, this shall not affect the validity of any other provision. If any provision is found to be unenforceable, the unenforceable provision shall be deleted, and the remaining provisions shall apply.
24.15 We may not always strictly enforce our rights under this Agreement. If we choose not to enforce our rights at any time, this is a temporary measure, and we may strictly enforce our rights again at any time.
24.16 This Agreement and any information or notice to be provided by you or us must be in English or Spanish. Any translation of this Agreement or other documents is provided solely for your convenience and may not accurately represent the information in the original English or Spanish. In the event of any discrepancy, the English version of this Agreement or other documents shall prevail.
24.17 In the event that Cryptopocket is acquired by or merged with a third-party entity, we reserve the right, in any of such circumstances, to transfer or assign the information we have collected from you and our relationship with you (including this Agreement) as part of such merger, acquisition, sale, or other change of control.
24.18 All provisions of this Agreement which, by their nature, extend beyond the expiration or termination of this Agreement, including, without limitation, the Sections relating to suspension or termination, Account cancellation, debts owed to Cryptopocket, general use of the Site, disputes with Cryptopocket, and general provisions, shall continue to be binding and operate after the termination or expiration of this Agreement.
24.19 This Agreement shall be governed by and construed in accordance with the laws of the Kingdom of Spain and, subject to any superior legal requirements, the parties irrevocably submit to the exclusive jurisdiction of the Courts of the City of Madrid. This Agreement and any information or notice to be provided by you or us must be in English or Spanish.
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