Coin Cafe Terms of Service Agreement
Acceptance of the Terms of Service
By accepting the terms of this Agreement, you also accept the Terms of Service and User Agreement of Synapse Financial Technologies Inc. ( “SynapseFI” ) and our Financial Institution Partner(s), which for purposes of this Agreement is Evolve Bank and Trust. SynapseFI operates a software platform that provides financial services to Coin Cafe to process your payments to, and from your linked bank account.
Basic Coin Cafe Services
Eligibility. To be eligible to use the Coin Cafe Services, you must be at least 18 years old. The Coin Cafe Services available to you depends in part upon the country or U.S. state from which you access Coin Cafe Services. Access from certain states may be prohibited.
Coin Cafe Services. Your Coin Cafe account ("Coin Cafe Account") encompasses the following basic Coin Cafe services (collectively the "Coin Cafe Services"): One or more hosted virtual currency wallets that allow users to store supported virtual currencies, which includes bitcoin (BTC), and to track, transfer, and manage supported virtual currencies (the "Bitcoin Wallet"); and virtual currency conversion services through which users can buy and sell bitcoins in exchange for United States Dollars (“U.S. Dollars” or “USD”) in transactions with Coin Cafe (the "Exchange Services"). The risk of loss in trading or holding virtual currency can be substantial. You should therefore carefully consider whether trading or holding virtual currency is suitable for you in light of your financial condition.Disclosure of Material Risk. Prior to establishing a relationship with Coin Cafe, and entering into a transaction, you should understand the risks associated with bitcoin:
- Bitcoin is not legal tender, is not backed by the United States government, and accounts and value balances are not subject to Federal Deposit Insurance Corporation (“FDIC”) or Securities Investor Protection Corporation (“SIPC”) protections;
- Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of bitcoin;
- Transactions in bitcoin may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable;
- Bitcoin transactions shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that the customer initiates the transaction;
- The value of bitcoin may be derived from the continued willingness of market participants to exchange fiat currency for bitcoin, which may result in the potential for permanent and total loss of value should the market for bitcoin disappear;
- There is no assurance that a Vendor/Person who accepts bitcoin as payment today will continue to do so in the future;
- The volatility and unpredictability of the price of bitcoin relative to fiat currency may result in significant loss over a short period of time;
- The nature of bitcoin may lead to an increased risk of fraud or cyber-attack;
- The nature of bitcoin means that any technological difficulties experienced by Coin Cafe may prevent the access or use of a customer’s bitcoin; and
- Any bond or trust account maintained by Coin Cafe for the benefit of its customers may not be sufficient to cover all losses should any be incurred by customers should Coin Cafe cease to operate.
Creating a Coin Cafe Account
Identity Verification for Legal Entities. If you are registering to use Coin Cafe Services on behalf of a legal entity (“business”), you represent and warrant that (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and (ii) you are duly authorized by such legal entity to act on its behalf.
Individual owners of a legal entity with at least 25% or greater ownership are subject to the Identity Verification for Individuals above. In order to use Coin Cafe services on behalf of a legal entity, you must register your business using a Corporate Coin Cafe Account and provide Coin Cafe with certain information about the business including, but not limited to, legal entity name, address, website, formation type and information, tax identification number, business description and the reason for using Coin Cafe Services. You will be required to upload corporate documentation to verify certain business information, including the tax identification number, bank account, and business formation. In submitting this or any other business information as may be required, you verify that the information is accurate and authentic, and you agree to update Coin Cafe if any information changes. You hereby authorize Coin Cafe to, directly or through third parties make any inquiries we consider necessary to verify the legal entity and/or protect against fraud, including to query business information contained in public reports (e.g., legal entity name, address, past addresses, or owners), to query account information associated with your linked business bank account (e.g., name or account balance), and to take action we reasonably deem necessary based on the results of such inquiries and reports. You further authorize any and all third parties to which such inquiries or requests may be directed to fully respond to such inquiries or requests.
On behalf of the legal entity, you must affirm you will not use your Corporate Coin Cafe Account to conduct Internet gambling, in accordance with The Unlawful Internet Gambling Enforcement Act (UIGEA).
Bitcoin Wallet Services
In General. The Bitcoin Wallet services allow you to send bitcoins to, and request, receive, and store bitcoins from Coin Cafe through the Coin Cafe Website (each such transaction is a "Bitcoin Transaction"). Coin Cafe reserves the right to refuse to process or to cancel any pending Bitcoin Transaction as required by law or in response to a subpoena, court order, or other binding government order or to enforce transaction limits. Coin Cafe cannot reverse a Bitcoin Transaction which has been broadcast to the Bitcoin network. The Bitcoin Wallet services are available only in connection with those virtual currencies that Coin Cafe, in its sole discretion, decides to support. Under no circumstances should you attempt to use your Bitcoin Wallet services to store, send, request, or receive virtual currencies in any form that are not supported by Coin Cafe. Coin Cafe assumes no responsibility or liability in connection with any attempt to use Coin Cafe Services for virtual currencies that Coin Cafe does not support.
Bitcoin Transactions. Coin Cafe processes bitcoins according to the instructions received from its users and we do not guarantee the identity of any user, receiver to whom you may send bitcoin, requestee, or other party. You should verify all transaction information prior to submitting instructions to Coin Cafe. Once submitted to the Bitcoin network, a Bitcoin Transaction will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the Bitcoin network. A transaction is not complete while it is in a pending state. Funds associated with transactions that are in a pending state will be designated accordingly, and will not be included in your Coin Cafe Account balance or be available to conduct transactions.
Coin Cafe will always notify you of any fees at or before the time you authorize the transaction. Coin Cafe reserves the right to delay any Bitcoin Transaction if it perceives a risk of fraud or illegal activity.
Bitcoin Storage & Transmission Delays. Coin Cafe securely stores all bitcoin private keys in our control in a combination of online and offline storage. As a result, it may be necessary for Coin Cafe to retrieve certain information from offline storage in order to facilitate a Bitcoin Transaction in accordance with your instructions, which may delay the initiation or crediting of such Bitcoin Transaction for 48 hours or more. You acknowledge and agree that a Bitcoin Transaction facilitated by Coin Cafe may be delayed.
Third Party Payments. Coin Cafe has no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any goods or services that you may purchase or sell to or from a third party (including other users of Coin Cafe Services). Coin Cafe is not responsible for ensuring that a buyer or a seller you are dealing with will actually complete the transaction or is authorized to do so. If you experience a problem with any goods or services purchased from, or sold to, a third party in connection with bitcoin transferred using the Coin Cafe Services, or if you have a dispute with such third party, you must resolve the dispute directly with that third party. If you believe a third party has behaved in a fraudulent, misleading, or inappropriate manner, or if you cannot adequately resolve a dispute with a third party, you may notify Coin Cafe Support at [email protected] so that we may consider what action to take, if any.
Advanced Protocols Unless specifically announced on our website or through some other official public statement of Coin Cafe, we do not support metacoins, colored coins, side chains, or other derivative, enhanced, or forked protocols, tokens, or coins which supplement or interact with bitcoin (collectively, “Advanced Protocols”). Do not use your Coin Cafe Account to attempt to receive, request, send, store, or engage in any other type of transaction involving an Advanced Protocol. The Coin Cafe platform is not configured to detect and/or secure Advanced Protocol transactions and Coin Cafe assumes absolutely no responsibility whatsoever in respect to Advanced Protocols.
Operation of the Bitcoin Protocol. Coin Cafe does not own or control the underlying software protocol which governs the operation of Bitcoin. In general, the underlying protocol is open source and anyone can use, copy, modify, and distribute it. By using the Coin Cafe platform, you acknowledge and agree (i) that Coin Cafe is not responsible for operation of the underlying Bitcoin protocol and that Coin Cafe makes no guarantee of its functionality, security, or availability; and (ii) that the underlying Bitcoin protocol is subject to sudden changes in operating rules (a/k/a “forks”), and that such forks may materially affect the value or function of the bitcoin you store in the Coin Cafe platform. In the event of a fork, you agree that Coin Cafe may temporarily suspend Coin Cafe operations (with or without advance notice to you) and that Coin Cafe may, in its sole discretion, decide whether or not to support (or cease supporting) either branch of the forked Bitcoin protocol entirely. You acknowledge and agree that Coin Cafe assumes absolutely no responsibility whatsoever with respect to an unsupported branch of a forked Bitcoin protocol.
In General. Eligible users in certain jurisdictions may buy or sell bitcoins through the Conversion Services. The Conversion Services are subject to the Coin Cafe "Conversion Rate" for the given transaction. "Conversion Rate" means the price of bitcoin in terms of U.S. Dollars as quoted on the Coin Cafe Website. The Conversion Rate is stated either as a "Buy Price" or as a "Sell Price," which is the price in terms of fiat currency or virtual currency at which you may buy or sell bitcoins to Coin Cafe. You acknowledge that the quoted Buy Price Conversion Rate may not be the same as the Sell Price Conversion Rate at any given time. You agree, as a condition of using any Coin Cafe Conversion Services, to accept the Conversion Rate as the sole conversion metric. Coin Cafe reserves the right to delay any Conversion Service transaction if it perceives a risk of fraud or illegal activity. Coin Cafe does not guarantee the availability of its Conversion Service, and the act of purchasing bitcoins from Coin Cafe does not result in a guarantee that you may sell your bitcoins to Coin Cafe.
Purchase Transactions. After successfully completing the Verification Procedures, you may purchase bitcoins by wire transfer, mail-in payment, linking a valid business bank account, through one of Coin Cafe’s Bitcoin ATM locations, or by in-person payment. You authorize Coin Cafe to initiate debits from your bank account in settlement of purchase transactions. A Conversion Fee (defined below) applies to all purchase transactions. Although Coin Cafe will attempt to deliver bitcoins to you as promptly as possible, funds may be received by your selected payment method or debited from your bank account before bitcoins are delivered to your Coin Cafe Account. We may debit your bank account as soon as you initiate the purchase, but your payment may not be processed until three business days, or your wire transfer may take up to five business days to be received before it is then immediately processed. We will make best efforts to fulfill all transactions, but in the rare circumstance where Coin Cafe cannot fulfill your purchase order, we will notify you and seek your approval to fulfill the purchase order at the contemporaneous Buy Price Conversion Rate. To secure the performance of your obligations under this Agreement, you grant to Coin Cafe a security interest in any and all of your funds or other property which come into the possession of Coin Cafe and the bitcoin associated with your Coin Cafe Account.
Sale Transactions. After successfully completing the Verification Procedures, you may instantly sell bitcoin by linking a valid personal or business bank account. You authorize Coin Cafe to debit your Coin Cafe Account(s) and initiate electronic payments or send an international wire transfer to your selected bank account in settlement of sell transactions. An applicable Conversion Fee (defined below) applies to all sale transactions. Your receipt of funds will occur within 10 to 15 business days upon the successful debit of bitcoin from your Coin Cafe Account(s). Coin Cafe will notify you of the approximate timeframe at the time of your transaction.
Conversion Fees. Each Conversion Service transaction is subject to a fee (a "Conversion Fee"). The Conversion Fee consists of a fee for the conversion of U.S. Dollar for bitcoins when you buy or sell your bitcoins. The applicable Conversion Fee is displayed to you on the Coin Cafe Website prior to you completing a Conversion Service transaction. Coin Cafe will not process a conversion transaction if the Conversion Fee and any other associated fees as may apply, such as wire transfer fees, exceed the value of your transaction. Coin Cafe may waive some portion of the Conversion Fee depending on the payment method you select and the volume of your transactions. The availability of each payment method depends on a number of factors, including but not limited to your location, the identification information you have provided to us, and limitations imposed by third party payment processors.
You can view the current fees applicable by payment method at our Bitcoin Delivery Times and Fees page.
Coin Cafe reserves the right to adjust its Conversion Fees and any applicable waivers at any time. We will always notify you of the Conversion Fee which applies to your transaction when you authorize the transaction as well as in each receipt we issue to you.
Reversals; Cancellations. You cannot cancel, reverse, or change any transaction marked as complete or pending. If your payment is not successful or if your payment method has insufficient funds, you authorize Coin Cafe, in its sole discretion, either to cancel the transaction or to debit your other payment methods, including Coin Cafe balances or other linked accounts, in any amount necessary to complete the transaction. You are responsible for maintaining an adequate balance and/or sufficient credit limits in order to avoid overdraft, NSF, or similar fees charged by your payment provider. Coin Cafe reserves the right to refuse to process, or to cancel or reverse, any purchases or sales of bitcoin in its sole discretion, even after funds have been debited from your account(s), if Coin Cafe suspects the transaction involves (or has a high risk of involvement in) money laundering, terrorist financing, fraud, or any other type of financial crime; in response to a subpoena, court order, or other government order; if Coin Cafe reasonably suspects that the transaction is erroneous; or if Coin Cafe suspects the transaction relates to Prohibited Use or a Prohibited Business as set forth below. In such instances, Coin Cafe will reverse the transaction and we are under no obligation to allow you to reinstate a purchase or sale order at the same price or on the same terms as the cancelled transaction.
Payment Services Partners. Coin Cafe uses a third-party financial institution to process any payments between you and Coin Cafe, including but not limited to payments in relation to your use of the Conversion Service or deposits or withdrawals from your bank account.
Funds Transfer. Corporate Account holders may initiate a transfer from your linked business bank account to make a payment to Coin Cafe. Coin Cafe may charge you a fee to transfer funds to or from Coin Cafe, and bank transfer fees may apply. Funds sent via bank wire are subject to additional wire fees.
For purchase transactions, Coin Cafe will credit your Coin Cafe Account a corresponding amount of bitcoin after USD funds are delivered to Coin Cafe, typically within three-business days after the funds are received. We may debit your linked payment method as soon as the same day you initiate the transfer. For sale transactions, Coin Cafe will immediately debit your Bitcoin Wallet when you authorize a sale transaction and funds will typically settle to you within ten to fifteen business days. Coin Cafe fees and applicable bank fees are netted out of transfers to or from Coin Cafe. We will not process a transfer if associated bank fees exceed the value of the transfer. You may not stop a payment once a transfer has been initiated.
General Use, Prohibited Use, and Termination
Limited License. We grant you a limited, nonexclusive, nontransferable license, subject to the terms of this Agreement, to access and use the Coin Cafe Website, and related content, materials, information (collectively, the "Content") solely for approved purposes as permitted by Coin Cafe from time to time. Any other use of the Coin Cafe Website or Content is expressly prohibited and all other right, title, and interest in the Coin Cafe Website or Content is exclusively the property of Coin Cafe 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. "coincafe.com", "Coin Cafe", and all logos related to the Coin Cafe Services or displayed on the Coin Cafe Website are either trademarks or registered marks of Coin Cafe or its licensors. You may not copy, imitate or use them without Coin Cafe's prior written consent.
Website Accuracy. Although we intend to provide accurate and timely information on the Coin Cafe Website, the Coin Cafe Website (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 Coin Cafe Website are your sole responsibility and we shall have no liability for such decisions. Links to third-party materials (including without limitation websites) 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 Coin Cafe Website.
Third-Party Applications. Coin Cafe expressly prohibits you from granting an unknown third-party permission to access or connect to your Coin Cafe Account, either through a third-party’s product or service or through the Coin Cafe Website. If you grant a third-party access to your Coin Cafe Account or direct a third-party to act on your behalf, you acknowledge that we reserve the right to cancel and/or suspend your Coin Cafe 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 as set forth below. You are fully responsible for all acts or omissions of any third party with access to your Coin Cafe Account. Further, you acknowledge and agree that you will not hold Coin Cafe responsible for, and will indemnify Coin Cafe from, any liability arising out of or related to any act or omission of any third party with access to your Coin Cafe Account.
Disclosing Your Identity. Absent a court or government order, Coin Cafe may disclose information concerning your Coin Cafe Account to third parties who claim that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Coin Cafe Website or Coin Cafe Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Accounts Statements and Receipts. In connection with your use of the Coin Cafe Services, Coin Cafe will electronically deliver Bitcoin Transaction receipts to you through the Coin Cafe Website at the time of the transaction, pursuant to your acceptance of the E-Sign Disclosure and Consent included at the end of this Agreement. Your history of use of Coin Cafe Services is available for download as a CSV file, or viewable online through your Coin Cafe Account on the Coin Cafe Website. If you do not accept the E-Sign Disclosure and Consent and require a printed copy of your receipts or full transaction history, you can request this by emailing [email protected] A fee for printing and delivery may apply.
Prohibited Use. In connection with your use of the Coin Cafe 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 herein. 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 Coin Cafe 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.
Transactions Limits. The use of some Coin Cafe Services is 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). Your transaction limits may vary depending on your payment method, verification steps you have completed, and other factors. Coin Cafe 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, you may email a request to [email protected] We may require you to submit additional information about yourself or your business, provide records, and arrange for meetings with Coin Cafe staff ("Enhanced Due Diligence" may be required). Coin Cafe 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.
Suspension, Termination, and Cancellation. Coin Cafe may: (a) suspend, restrict, or terminate your access to any or all of the Coin Cafe Services, and/or (b) deactivate or cancel your Coin Cafe Account if:
- We are so required by a facially valid subpoena, court order, or binding order of a government authority; or
- We reasonably suspect you of using your Coin Cafe Account in connection with a Prohibited Use or Business; or
- Use of your Coin Cafe Account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your Coin Cafe Account activity; or
- Our service providers are unable to support your use; or
- You take any action that Coin Cafe deems as circumventing Coin Cafe's controls, including, but not limited to, opening multiple Coin Cafe Accounts or abusing promotions which Coin Cafe may offer from time to time.
If Coin Cafe suspends or closes your Coin Cafe Account, or terminates your use of Coin Cafe Services for any reason, we will provide you with notice of our actions unless a court order or other legal process prohibits Coin Cafe from providing you with such notice. You acknowledge that Coin Cafe'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 Coin Cafe's risk management and security protocols. You agree that Coin Cafe is under no obligation to disclose the details of its risk management and security procedures to you.
You may close your Coin Cafe Account at any time by logging into the Coin Cafe Website and pressing the Close My Account button. You will not be charged for closing your Coin Cafe Account, although you will be required to pay any outstanding amounts owed to Coin Cafe. You authorize us to cancel or suspend any pending transactions at the time of Account closure.
If you still have bitcoins in your closed Coin Cafe Account, you may contact us at [email protected] to request a transfer of your bitcoins.
Relationship of the Parties. Coin Cafe is an independent contractor for all purposes. Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause, you and Coin Cafe to be treated as partners, joint ventures, or otherwise as joint associates for profit, or either you or Coin Cafe to be treated as the agent of the other.
Password Security; Contact Information. 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 Coin Cafe Services. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your Coin Cafe Account by third-parties and the loss or theft of any bitcoins and/or funds held in your Coin Cafe Account and any associated accounts, including your linked bank account(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 Coin Cafe and/or failure to follow or act on any notices or alerts that we may send to you. In the event you believe your Coin Cafe Account information has been compromised, contact Coin Cafe Support immediately at [email protected], or report your claim by phone at (347) 454-2646.
Taxes. It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the Coin Cafe 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 Coin Cafe Account.
Unclaimed Property. If Coin Cafe is holding bitcoins in your Coin Cafe Account, and Coin Cafe is unable to contact you and has no record of your use of the Services for several years, applicable law may require Coin Cafe to report these funds as unclaimed property to the applicable jurisdiction. If this occurs, Coin Cafe will try to locate you at the address shown in our records, but if Coin Cafe is unable to locate you, it may be required to deliver any such funds to the applicable state or jurisdiction as unclaimed property. Coin Cafe reserves the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by applicable law.
Customer Feedback, Queries, Complaints, and Dispute Resolution
Contact Coin Cafe. If you have any feedback, questions, or complaints, contact us via Instant Chat on the Coin Cafe Website, Monday through Friday during normal business hours, write to us at 240 Kent Avenue, Brooklyn New York 11249, email us at [email protected], call us at (347) 454-2646, or text us at (917) 444-5458. When you contact us please provide us with your name, address, and any other information we may need to identify you, your Coin Cafe 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 (347) 454-2646.
Arbitration; Waiver of Class Action. If you have a dispute with Coin Cafe, 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 (accessible at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf) and you and Coin Cafe 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. 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.
Each Party will be responsible for any fees or costs, such as attorney fees that the Party may incur, including filing fees or other administrative costs imposed by the arbitrator(s) or arbitration administrator. If a court decides that any provision of this section is invalid or unenforceable, that provision shall be severed and the other parts of this section shall still apply. In any case, the remainder of this Agreement, will continue to apply.
Computer Viruses. 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 Coin Cafe. Always log into your Coin Cafe Account through the Coin Cafe Website to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.
Release of Coin Cafe; Indemnification. If you have a dispute with one or more users of the Coin Cafe services, you release Coin Cafe, 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 Coin Cafe, 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.
Limitation of Liability; No Warranty. IN NO EVENT SHALL COIN CAFE, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE (A) FOR ANY AMOUNT GREATER THAN THE VALUE OF THE SUPPORTED VIRTUAL CURRENCY ON DEPOSIT IN YOUR COIN CAFE 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 COIN CAFE SITE OR THE COIN CAFE SERVICES, OR THIS AGREEMENT, EVEN IF AN AUTHORIZED REPRESENTATIVE OF COIN CAFE 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 COIN CAFE FAILED TO PROCESS A BUY OR SELL TRANSACTION PROPERLY, YOUR DAMAGES ARE LIMITED TO NO MORE THAN THE VALUE OF THE SUPPORTED VIRTUAL CURRENCY AT ISSUE IN THE TRANSACTION, AND THAT YOU MAY NOT RECOVER FOR LOST PROFITS, LOST BUSINESS OPPORTUNITES, OR OTHER TYPES OF SPECIAL, INCIDENTIAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES IN EXCESS OF THE VALUE OF THE SUPPORTED VIRTUAL 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 COIN CAFE 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, COIN CAFE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. COIN CAFE DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SITE, ANY PART OF THE COIN CAFE SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE.
Coin Cafe will not be liable for exemplary damages, often referred to as punitive damages, or any other indirect losses.
Coin Cafe makes no representations about the accuracy or completeness of historical bitcoin price data available on the Coin Cafe Website. Coin Cafe will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts are processed in a timely manner but Coin Cafe 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 are intended to apply only to the extent permitted under New Jersey law.
Amendments. We may amend or modify this Agreement by posting on the Coin Cafe Website or emailing to you 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 Coin Cafe 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 Coin Cafe Services, or suspension or termination of your access to the Coin Cafe 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.
Assignment. 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 Coin Cafe affiliates or subsidiaries, or to any successor in interest of any business associated with the Coin Cafe 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.
Severability. 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.
Change of Control. In the event that Coin Cafe 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.
Survival. 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, Coin Cafe Account cancellation, debts owed to Coin Cafe, general use of the Coin Cafe Website, disputes with Coin Cafe, and general provisions, shall survive the termination or expiration of this Agreement.
Governing Law. You agree that the laws of the State of New York, 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 Coin Cafe, except to the extent governed by federal law.
Force Majeure. 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.
English Language Controls. 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.
Non-Waiver of Rights. 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.
APPENDIX 1: PROHIBITED USE, PROHIBITED BUSINESSES AND CONDITIONAL USEProhibited Use
You may not use your Coin Cafe Account to engage in the following categories of activity ("Prohibited Uses"). The specific types of use listed below are representative, but not exhaustive. If you are uncertain as to whether or not your use of Coin Cafe Services involves a Prohibited Use, or have questions about how these requirements apply to you, please contact us at [email protected] By opening a Coin Cafe Account, you confirm that you will not use your Account to do any of the following:
Unlawful Activity: Activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions programs administered in the countries where Coin Cafe conducts business, including but not limited to the U.S. Department of Treasury's Office of Foreign Assets Control ("OFAC"), or which would involve proceeds of any unlawful activity; publish, distribute or disseminate any unlawful material or information.
Abusive Activity: Actions which impose an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; transmit or upload any material to the Coin Cafe Website that contains viruses, Trojan horses, worms, or any other harmful or deleterious programs; attempt to gain unauthorized access to the Coin Cafe Website, other Coin Cafe Accounts, computer systems or networks connected to the Coin Cafe Website, through password mining or any other means; use Coin Cafe Account information of another party to access or use the Coin Cafe Website, except in the case of specific Merchants and/or applications which are specifically authorized by a user to access such user's Coin Cafe Account and information; or transfer your account access or rights to your account to a third-party, unless by operation of law or with the express permission of Coin Cafe.
Abuse Other Users: Interfere with another individual's or entity's access to or use of any Coin Cafe Services; defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others; incite, threaten, facilitate, promote, or encourage hate, racial intolerance, or violent acts against others; harvest or otherwise collect information from the Coin Cafe Website about others, including without limitation email addresses, without proper consent.
Fraud: Activity which operates to defraud Coin Cafe, Coin Cafe users, or any other person; provide any false, inaccurate, or misleading information to Coin Cafe.
Gambling: Lotteries; bidding fee auctions; sports forecasting or odds making; fantasy sports leagues with cash prizes; internet gaming; contests; sweepstakes; games of chance.
Intellectual Property Infringement: Engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law, including but not limited to sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder; use of Coin Cafe intellectual property, the term “Simple and secure access to buy, sell and use Bitcoin”, name, or logo, including use of Coin Cafe trade or service marks, without express consent from Coin Cafe or in a manner that otherwise harms Coin Cafe or the Coin Cafe brand; any action that implies an untrue endorsement by or affiliation with Coin Cafe.
In addition to the Prohibited Uses described above, the following categories of businesses, business practices, and sale items are barred from Coin Cafe Services ("Prohibited Businesses"). The specific types of use listed below are representative, but not exhaustive. If you are uncertain as to whether or not your use of Coin Cafe Services involves a Prohibited Business, or have questions about how these requirements apply to you, please contact us at [email protected]
By opening a Coin Cafe Account, you confirm that you will not use Coin Cafe Services in connection with any of following businesses, activities, practices, or items:
Investment and Credit Services: Securities brokers; mortgage consulting or debt reduction services; credit counseling or repair; real estate opportunities; investment schemes.
Restricted Financial Services: Check cashing, bail bonds; collections agencies.
Intellectual Property or Proprietary Rights Infringement: Sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder.
Counterfeit or Unauthorized Goods: Unauthorized sale or resale of brand name or designer products or services; sale of goods or services that are illegally imported or exported or which are stolen.
Regulated Products and Services: Marijuana dispensaries and related businesses; sale of tobacco, e-cigarettes, and e-liquid; online prescription or pharmaceutical services; age restricted goods or services; weapons and munitions; gunpowder and other explosives; fireworks and related goods; toxic, flammable, and radioactive materials; products and services with varying legal status on a state-by-state basis.
Drugs and Drug Paraphernalia: Sale of narcotics, controlled substances, and any equipment designed for making or using drugs, such as bongs, vaporizers, and hookahs.
Pseudo-Pharmaceuticals: Pharmaceuticals and other products that make health claims that have not been approved or verified by the applicable local and/or national regulatory body.
Substances designed to mimic illegal drugs: Sale of a legal substance that provides the same effect as an illegal drug (e.g., salvia, kratom).
Adult Content and Services: Pornography and other obscene materials (including literature, imagery and other media); sites offering any sexually-related services such as prostitution, escorts, pay-per view, adult live chat features.
Multi-level Marketing: Pyramid schemes, network marketing, and referral marketing programs.
Unfair, predatory or deceptive practices: Investment opportunities or other services that promise high rewards; Sale or resale of a service without added benefit to the buyer; resale of government offerings without authorization or added value; sites that we determine in our sole discretion to be unfair, deceptive, or predatory towards consumers.
High risk businesses: any businesses that we believe poses elevated financial risk, legal liability, or violates card network or bank policies.
Express written consent and approval from Coin Cafe must be obtained prior to using Coin Cafe Services for the following categories of business and/or use ("Conditional Uses"). Consent may be requested by contacting us at [email protected] Coin Cafe may also require you to agree to additional conditions, make supplemental representations and warranties, complete enhanced on-boarding procedures, and operate subject to restrictions if you use Coin Cafe Services in connection with any of following businesses, activities, or practices:
Money Services: Money transmitters, Virtual Currency transmitters; currency or Virtual Currency exchanges or dealers; gift cards; prepaid cards; sale of in-game currency unless the merchant is the operator of the virtual world; act as a payment intermediary or aggregator or otherwise resell any of the Coin Cafe Services.
Charities: Acceptance of donations for nonprofit enterprise.
Games of Skill: Games which are not defined as gambling under this Agreement or by law, but which require an entry fee and award a prize.
Religious/Spiritual Organizations: Operation of a for-profit religious or spiritual organization.
APPENDIX 2: VERIFICATION PROCEDURES AND LIMITS
Coin Cafe uses multi-level systems and procedures to collect and verify information about you in order to protect Coin Cafe from fraudulent users, and to keep appropriate records of Coin Cafe's customers. Your daily or weekly Conversion limits, purchase or sale transaction limits, payment method limits, Bitcoin Wallet transfer limits, and limits on transactions from a linked payment method are based on the identifying information and/or proof of identity you provide to Coin Cafe.
All U.S. users who wish to buy bitcoins using Coin Cafe's Standard Conversion Service, at minimum, must:Establish a Coin Cafe Account by providing your
- Full legal name;
- Physical address;
- Date of birth;
- Acceptable form of government-issued identification number;
- Taxpayer identification number; and
- Information regarding your, or your legal entity’s bank account (e.g. financial institution, account type, routing number, and account number)
- Submit your acceptable form of government-issued identification card with photograph (i.e. passport, state driver's license, or state identification card)
- Authenticate your e-mail address and phone number, and
- Accept the Coin Cafe Terms of Service.
- Provide or verify additional personal details or documentation;
- Use an alternative payment method;
- Complete identity verification by answering some questions;
- Wait some amount of time after completion of a transaction, before permitting you to use any Coin Cafe Services and/or before permitting you to engage in transactions beyond certain volume limits.
- Entity organization, formation, and/or incorporation documents;
- Or verify additional details about the business, including the nature of the business, purpose of the Corporate Account, and the ownership and control, as well as provide supporting documentation;
- Website, if applicable;
- MSB registration, if applicable;
- State business license, if applicable; and
- Affiliate list (subsidiaries, partnerships, owners).
You may contact us at [email protected] to request larger limits. Coin Cafe will require you to submit to Enhanced Due Diligence. Additional fees and costs may apply, and Coin Cafe does not guarantee that we will raise your limits.
APPENDIX 3: E-SIGN DISCLOSURE AND CONSENT
- Account details, history, transaction receipts, confirmations, and any other Account or transaction information or statements;
- Legal, regulatory, and tax disclosures or statements we may be required to make available to you; and
- Responses to claims or customer support inquiries filed in connection with your Coin Cafe Account.
We will provide these Communications to you by posting them on the Coin Cafe Website, emailing them to you at the primary email address listed in your Coin Cafe Account profile, communicating to you via instant chat, and/or through other electronic communication such as text message or mobile push notification.
Hardware and Software Requirements In order to access and retain electronic Communications, you will need the following computer hardware and software:
- A device with an Internet connection;
- A current web browser that includes TLS 1.1 or higher encryption (e.g. Internet Explorer version 9.0 and above, Firefox version 27 and above, Chrome version 22 and above, or Safari 7.0 and above) with cookies enabled;
- A valid email address (your primary email address on file with Coin Cafe); and
- Sufficient storage space to save past Communications or an installed printer to print them.
How to Withdraw Your Consent You may withdraw your consent to receive Communications electronically by contacting us at [email protected] If you fail to provide or if you withdraw your consent to receive Communications electronically, Coin Cafe reserves the right to immediately close your Coin Cafe Account or charge you additional fees for paper copies.
Updating your Information 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 Coin Cafe 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, Coin Cafe will be deemed to have provided the Communication to you.
You may update your information by logging into your account and visiting your account settings or by contacting our support team at [email protected] <<<<<<< HEAD