This is a legally binding contract between you and CryptoFuse, Inc. (“CryptoFuse”). By signing up to use an account through www.cryptofuse.com, www.cryptobyte.com
A. Eligibility and Servicesa. CryptoFuse – The Hardware b. CryptoByte – The Currency c. ByteBase – The ExchangeB. General TermsC. Appendices
Eligibility. You must be the age of legal majority, 18 years in the United States, to be eligible to use the CryptoFuse Services.
CryptoFuse Services: Your CryptoFuse Services encompass the following: our CryptoFuse devices; our digital currency CryptoByte (CBT); and our exchange platform ByteBase. They may not yet but will include one or more hosted Digital Currency wallet solutions that allow you to store CryptoByte (CBT) as well as certain supported digital currencies (“Digital Currency”), and to track, transfer, and manage supported Digital Currencies (the “Hosted Digital Currency Wallet”) in, collectively, the “CryptoFuse Services”. PLEASE NOTE THAT THE RISK OF LOSS IN TRADING OR HOLDING DIGITAL CURRENCY CAN BE SUBSTANTIAL. YOU SHOULD THEREFORE CAREFULLY CONSIDER WHETHER TRADING OR HOLDING DIGITAL CURRENCY IS SUITABLE FOR YOU IN LIGHT OF YOUR FINANCIAL CONDITION. Legal and taxation questions surrounding Digital Currency can likewise be complex and do remain under national and global development so that you may likewise consider obtaining qualified counsel in these areas. CryptoFuse is not a money transmitter, and not licensed by any state in the United States.
In order to use the CryptoFuse Services, you will need to register for a CryptoFuse account (a “CryptoFuse Account”). During the registration process, we will ask you for information, including your name and other personal information to verify your identity. We may, in our sole discretion, refuse to open a CryptoFuse Account for you, or limit the number of CryptoFuse Accounts that you may hold. During registration of your CryptoFuse Account, the information we request for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime and permit us to keep a record of such information. You will need to complete certain verification procedures before you are permitted to use the CryptoFuse Services. Your access to one or more CryptoFuse Services and the limits that apply to your use of the CryptoFuse Services, may be altered as a result of information collected about you on an ongoing basis. The information we request may include certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, a government identification, and information regarding your bank account (such as the name of the bank, the account type, routing number, and account number). In providing us with this or any other information that may be required, you confirm that the information is accurate and authentic. You agree to keep us updated if any of the information you provide changes. YOU AUTHORIZE US TO MAKE INQUIRIES, WHETHER DIRECTLY OR THROUGH THIRD PARTIES, THAT WE CONSIDER NECESSARY TO VERIFY YOUR IDENTITY OR PROTECT YOU AND/OR US AGAINST FRAUD OR OTHER FINANCIAL CRIME, AND TO TAKE ACTION WE REASONABLY DEEM NECESSARY BASED ON THE RESULTS OF SUCH INQUIRIES. WHEN WE CARRY OUT THESE INQUIRIES, YOU ACKNOWLEDGE AND AGREE THAT YOUR PERSONAL INFORMATION MAY BE DISCLOSED TO CREDIT REFERENCE AND FRAUD PREVENTION OR FINANCIAL CRIME AGENCIES AND THAT THESE AGENCIES MAY RESPOND TO OUR INQUIRIES IN FULL. THIS IS AN IDENTITY CHECK ONLY AND SHOULD HAVE NO ADVERSE EFFECT ON YOUR CREDIT RATING. Additionally, we may require you to wait some amount of time after completion of a transaction, before permitting you to use further CryptoFuse Services and/or before permitting you to engage in transactions beyond certain volume limits. This includes authorizing your wireless operator (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to use your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status details, if available, solely to allow verification of your identity and to compare information you have provided to CryptoFuse with your wireless operator account profile information for the duration of the business relationship.
We grant you a limited, nonexclusive, nontransferable license, subject to the terms of this Agreement, to access and use the CryptoFuse Sites, and related content, materials, information (collectively, the “Content”) solely for approved purposes as permitted by CryptoFuse from time to time. Any other use of the CryptoFuse Sites or Content is expressly prohibited and all other right, title, and interest in the CryptoFuse Sites or Content is exclusively the property of CryptoFuse and its licensors. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part. “CryptoFuse.com”, “CryptoFuse”, “ShortFuse”, “QuickFuse,” “CryptoByte,” and all logos related to the CryptoFuse Services or displayed on the CryptoFuse Sites are either trademarks or registered marks of CryptoFuse or its licensors. You may not copy, imitate or use them without CryptoFuse’s prior written consent.
Although we intend to provide accurate and timely information on the CryptoFuse Sites, the CryptoFuse Sites (including, without limitation, the Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the CryptoFuse Sites are your sole responsibility and we shall have no liability for such decisions. Links to third-party materials may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third-party sites accessible or linked to the CryptoFuse Sites.
If, to the extent permitted by CryptoFuse from time to time, you grant express permission to a third party to access or connect to your CryptoFuse Account, either through the third party’s product or service or through the CryptoFuse Sites, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. You are fully responsible for all acts or omissions of any third party with access to your CryptoFuse Account. Further, you acknowledge and agree that you will not hold CryptoFuse responsible for, and will indemnify CryptoFuse from, any liability arising out of or related to any act or omission of any third party with access to your CryptoFuse Account. You may change or remove permissions granted by you to third parties with respect to your CryptoFuse Account at any time through the Account Settings (Integrations) page on the CryptoFuse Sites where applicable or granted.
In connection with your use of the CryptoFuse Services, and your interactions with other users, and third parties you agree and represent you will not engage in any Prohibited Business or Prohibited Use defined as follows: By using the CryptoFuse Sites, you confirm that you will not use CryptoFuse Services in connection with any of following businesses, activities, practices, or items:
We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request. We reserve the right to cancel and/or suspend your CryptoFuse Account and/or block transactions or freeze funds immediately and without notice if we determine, in our sole discretion, that your Account is associated with a Prohibited Use and/or a Prohibited Business.
The use of all CryptoFuse Services may be subject to a limit on the amount of volume, stated in U.S. Dollar terms, you may transact or transfer in a given period (e.g., daily). If so, to view your limits, you will be able to login to your CryptoFuse Account. Your transaction limits may vary depending on your payment method, verification steps you have completed, and other factors. CryptoFuse reserves the right to change applicable limits as we deem necessary in our sole discretion. If you wish to raise your limits beyond the posted amounts we may have provided, you may submit a request at https://www.cryptofuse.com/contact. We may require you to submit additional information about yourself or your business, provide records, and arrange for meetings with CryptoFuse staff (“Enhanced Due Diligence”). CryptoFuse reserves the right to charge you costs and fees associated with Enhanced Due Diligence, provided that we notify you in advance of any such charges accruing. In our sole discretion, we may refuse to raise your limits or we may lower your limits at a subsequent time even if you have completed Enhanced Due Diligence.
CryptoFuse may suspend, restrict, or terminate your access to any or all of the CryptoFuse Services, and/or deactivate or cancel your CryptoFuse Account if:
If CryptoFuse suspends or closes your account, or terminates your use of CryptoFuse Services for any reason, we will provide you with notice of our actions unless a court order or other legal process prohibits CryptoFuse from providing you with such notice. You acknowledge that CryptoFuse’s decision to take certain actions, including limiting access to, suspending, or closing your account, may be based on confidential criteria that are essential to CryptoFuse’s risk management and security protocols. You agree that CryptoFuse is under no obligation to disclose the details of its risk management and security procedures to you.
You will be permitted to transfer Digital Currency or funds associated with your Hosted Digital Currency Wallet(s) for ninety (90) days after Account deactivation or cancellation unless such transfer is otherwise prohibited (i) under the law, including but not limited to applicable sanctions programs, or (ii) by a facially valid subpoena or court order. You may cancel your CryptoFuse Account by contacting the team athttps://www.cryptofuse.com/contact. You will not be charged for canceling your CryptoFuse Account, although you will be required to pay any outstanding amounts owed to CryptoFuse. You authorize us to cancel or suspend any pending transactions at the time of cancellation.
CryptoFuse is an independent contractor. Nothing within this Agreement shall be deemed or is intended to be deemed, nor shall it cause, you and CryptoFuse to be treated as partners, joint ventures, or otherwise as joint associates for profit, or either you or CryptoFuse to be treated as the agent of the other.
If you receive information about another user through the CryptoFuse Services, you must keep the information confidential and only use it in connection with the CryptoFuse Services. You may not disclose or distribute a user’s information to a third party or use the information except as reasonably necessary to effectuate 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 email to a user through the CryptoFuse Services.
You are responsible for maintaining adequate security and control of any and all IDs, passwords, hints, personal identification numbers (PINs), API keys or any other codes that you use to access the CryptoFuse Services. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your CryptoFuse Account by third-parties and the loss or theft of any Digital Currency and/or funds held in your CryptoFuse Account and any associated accounts, including your linked bank account(s) and credit card(s). You are responsible for keeping your email address and telephone number up to date in your Account Profile in order to receive any notices or alerts that we may send you. WE ASSUME NO RESPONSIBILITY FOR ANY LOSS THAT YOU MAY SUSTAIN DUE TO COMPROMISE OF ACCOUNT LOGIN CREDENTIALS DUE TO NO FAULT OF CRYPTOFUSE AND/OR FAILURE TO FOLLOW OR ACT ON ANY NOTICES OR ALERTS THAT WE MAY SEND TO YOU. In the event you believe your CryptoFuse Account information has been compromised, contact CryptoFuse Support immediately at Contact@cryptofuse.com or report your claim by phone at 1.858.699.3535.
It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the CryptoFuse Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. Your transaction history is available through your CryptoFuse Account.
If CryptoFuse is holding funds in your account, and CryptoFuse is unable to contact you and has no record of your use of the Services for several years, applicable law may require CryptoFuse to report these funds as unclaimed property to the applicable jurisdiction. If this occurs, CryptoFuse will try to locate you at the address shown in our records, but if CryptoFuse is unable to locate you, it may be required to deliver any such funds to the applicable state or jurisdiction as unclaimed property. CryptoFuse reserves the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by applicable law.
If you have any feedback, questions, or complaints, contact us via our Customer Support webpage at https://www.cryptofuse.com/contact or write to us at CryptoFuse, Inc., 200 Spectrum Center Drive, Irvine, CA 92618. When you contact us please provide us with your name, address, and any other information we may need to identify you, your CryptoFuse Account, and the transaction on which you have feedback, questions, or complaints. If you believe your account has been compromised, you may also report your claim by calling 1.858.699.3535.
If you have a dispute with CryptoFuse, we will attempt to resolve any such disputes through our support team. If we cannot resolve the dispute through our support team, you and we agree that any dispute arising under this Agreement shall be finally settled in binding arbitration, on an individual basis, in accordance with the American Arbitration Association’s rules for arbitration of consumer-related disputes: https://www.adr.org/sites/default/files/document_repository/Consumer_Arbitration_Rules_Web.pdf You and CryptoFuse hereby expressly waive trial by jury and right to participate in a class action lawsuit or class-wide arbitration. The arbitration will be conducted by a single, neutral arbitrator and shall take place in the county or parish in which you reside, or another mutually agreeable location, in the English language. The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys’ fees when authorized by law, and the arbitral decision may be enforced in any court. At your request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. The prevailing party in any action or proceeding to enforce this agreement shall be entitled to costs and attorneys’ fees.
If the arbitrator(s) or arbitration administrator would impose filing fees or other administrative costs on you, we will reimburse you, upon request, to the extent such fees or costs would exceed those that you would otherwise have to pay if you were proceeding instead in a court. We will also pay additional fees or costs if required to do so by the arbitration administrator’s rules or applicable law. Apart from the foregoing, each Party will be responsible for any other fees or costs, such as attorney fees that the Party may incur. If a court decides that any provision of this section 4.b. is invalid or unenforceable, that provision shall be severed and the other parts of this section 4.b shall still apply. In any case, the remainder of this User Agreement, will continue to apply.
We shall not bear any liability, whatsoever, for any damage or interruptions caused by any 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. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from CryptoFuse. Always log into your CryptoFuse Account through the CryptoFuse Sites to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.
If you have a dispute with one or more users of the CryptoFuse services, you release CryptoFuse, its affiliates and service providers, and each of their respective officers, directors, agents, joint venturers, employees and representatives from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. You agree to indemnify and hold CryptoFuse, its affiliates and Service Providers, and each of its or their respective officers, directors, agents, joint venturers, employees and representatives, harmless from any claim or demand (including attorneys’ fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to your breach of this Agreement or your violation of any law, rule or regulation, or the rights of any third party.
IN NO EVENT SHALL CRYPTOFUSE, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE FOR ANY AMOUNT GREATER THAN THE VALUE OF THE SUPPORTED DIGITAL CURRENCY ON DEPOSIT IN YOUR CRYPTOFUSE ACCOUNT OR (B) FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE CRYPTOFUSE SITES OR THE CRYPTOFUSE SERVICES, OR THIS AGREEMENT, EVEN IF AN AUTHORIZED REPRESENTATIVE OF CRYPTOFUSE HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS, BY WAY OF EXAMPLE ONLY (AND WITHOUT LIMITING THE SCOPE OF THE PRECEDING SENTENCE), THAT IF YOU CLAIM THAT CRYPTOFUSE FAILED TO PROCESS A BUY OR SELL TRANSACTION PROPERLY, YOUR DAMAGES ARE LIMITED TO NO MORE THAN THE VALUE OF THE SUPPORTED DIGITAL CURRENCY AT ISSUE IN THE TRANSACTION, AND THAT YOU MAY NOT RECOVER FOR LOST PROFITS, LOST BUSINESS OPPORTUNITES, OR OTHER TYPES OF SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES IN EXCESS OF THE VALUE OF THE SUPPORTED DIGITAL CURRENCY AT ISSUE IN THE TRANSACTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE CRYPTOFUSE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CRYPTOFUSE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. CRYPTOFUSE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SITE, ANY PART OF THE CRYPTOFUSE SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS,
UNINTERRUPTED, TIMELY, OR ERROR-FREE.
CryptoFuse makes no representations about the accuracy or completeness of historical Digital Currency price data available on the Site. CryptoFuse will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but CryptoFuse makes no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control.
IF YOU ARE A NEW JERSEY RESIDENT, the provisions of this Section 5.c. are intended to apply only to the extent permitted under New Jersey law.
We may amend or modify this Agreement by posting on the CryptoFuse Sites or emailing to you, where we have your then-current email address, the revised Agreement, and the revised Agreement shall be effective at such time. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services and close your account. You agree that we shall not be liable to you or any third party for any modification or termination of the CryptoFuse Services, or suspension or termination of your access to the CryptoFuse Services, except to the extent otherwise expressly set forth herein. If the revised Agreement includes a material change, we will endeavor to provide you advanced notice via our website and/or email before the material change becomes effective.
You may not assign any rights and/or licenses granted under this Agreement. We reserve the right to assign our rights without restriction, including without limitation to any CryptoFuse affiliates or subsidiaries, or to any successor in interest of any business associated with the CryptoFuse Services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.
In the event that CryptoFuse is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.
All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, sections pertaining to suspension or termination, CryptoFuse Account cancellation, debts owed to CryptoFuse, general use of the CryptoFuse Sites, disputes with CryptoFuse, and general provisions, shall survive the termination or expiration of this Agreement.
You agree that the laws of the State of California, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and CryptoFuse, except to the extent governed by federal law.
We shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
Notwithstanding any other provision of this Agreement, any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.
This agreement shall not be construed to waive rights that cannot be waived under applicable state money transmission laws in the state where you are located.
This policy describes how CryptoFuse delivers communications to you electronically. We may amend this policy at any time by providing a revised version on our website. The revised version will be effective at the time we post it. We will provide you with prior notice of any material changes via our website.
You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide in connection with your CryptoFuse Account and your use of CryptoFuse Services. Communications include:
We will provide these Communications to you by posting them on the CryptoFuse website, emailing them to you at the primary email address listed in your CryptoFuse profile if and where available, and/or communicating with you in other written electronic communication.
In order to access and retain electronic Communications, you will need to have the specified computer hardware and software as listed on cryptofuse.com.
You may withdraw your consent to receive Communications electronically by completing the form at https://www.cryptofuse.com/contact. If you fail to provide or if you withdraw your consent to receive Communications electronically, CryptoFuse reserves the right to immediately close your Account or charge you additional fees for paper copies.
It is your responsibility to provide us with a true, accurate and complete e-mail address and your contact information, and to keep such information up to date. You understand and agree that if CryptoFuse sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, CryptoFuse will be deemed to have provided the Communication to you.
You may update your information by logging into your account and visiting settings or by contacting our support team at www.cryptofuse.com