Terms & Conditions

 

INTRODUCTION

By accessing and using https://cryb.com/ (hereinafter the “Website”) and related mobile applications and products (collectively the “Services”), you agree to be bound by and abide by these Terms of Service (the “Terms” or the “Agreement”) along with any other policies or notices on the Website or mobile applications, and our Privacy Policy. Please read carefully these Terms as they constitute, as added, amended, modified, supplemented or restated from time to time, binding agreement between you and Cryb PTE. Ltd., a company registered in Singapore ​(hereinafter the “Company​”, “​we​”) and they affect your legal rights and obligations, including, but not limited to, waivers of rights and limitation of liability.

By using the Services (creating or importing a wallet, downloading or running our mobile application, or visiting our Website), you agree to the Terms. You should immediately cease the use of the Services, if you do not agree with any provision of the Terms. Every person accessing the Website or using the Services should comply with the Terms.

The Company reserves the right to amend the Terms at any time and such amendments will be effective immediately upon publication on the Website or on our mobile application.

We know that Terms can be long and confusing, so we will do our best to keep things as clear and concise as possible.

DEFINITIONS

User” or “you” is any person, who uses the Services.

Party” refers to either the Company or the User who are bound by these Terms and “Parties” refer to both of them together.

Restricted States” means any jurisdiction where the Services are prohibited by applicable laws or require further registration with any applicable governmental authorities, its territories or possessions.

ELIGIBILITY

To be eligible to use the Service, you must be at least eighteen (18) years old and be able to form legally binding contracts. If you are using our Services on behalf of a legal entity, you further represent and warrant that: (a) the legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and (b) you are duly authorized by such legal entity to act on its behalf. You can only use our Services if permitted under the laws of your jurisdiction. Please make sure that these Terms are in compliance with all laws, rules, and regulations that apply to you. By using the Services, you represent and warrant that you meet all eligibility requirements that we outline in these Terms. We may still refuse to let certain people access or use the Services, however, and we reserve the right to change our eligibility criteria at any time.

The citizens, people domiciled in and residents of the Restricted States are not eligible and not allowed to use the Services. Such restriction also extend to companies or other legal entities created and/or owned by citizens and residents of the Restricted States. Your continued use of the Services means that you are not domiciled resident or a citizen of a Restricted State or own a company or other legal entity based in the Restricted States.

 

WALLET ADDRESS AND PRIVATE KEY

You are solely responsible for maintaining the security of your private key and any mnemonic (backup) phrase associated with your wallet. You must keep your wallet address, mnemonic (backup) phrase, and private key access information secure. Failure to do so may result in the loss of control of virtual currency associated with the wallet. The Company stores your wallet address but does not receive or store your wallet password, encrypted private key, unencrypted private key, or mnemonic (backup) phrase associated with your wallet. We cannot, therefore, assist you with wallet password retrieval. We cannot generate a new password for your wallet if you fail to remember your original password. If you have not safely stored a backup of any wallet address and private key pairs maintained in your wallet, you accept and acknowledge that any virtual currency you have associated with such a wallet address will become inaccessible if you do not have your wallet password. You will be responsible for maintaining the confidentiality of your private key and keystore, and will be fully responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your password, account, or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this section.

You are strongly advised to take precautions in order to avoid loss of access to and/or control over your account. Suggested measures include, but are not limited to, the following: (a) creating a strong password that you do not use for any other website or online service; (b) maintaining the security of your account by protecting the private key and mnemonic (backup) phrase associated with your account by, for example, limiting access to your computer; and (d) promptly notifying us if you discover or otherwise suspect any security breaches related to your account.

ACCURACY OF INFORMATION PROVIDED BY THE USER

You represent and warrant that any information you provide via the Services is accurate and complete. You accept and acknowledge that we are not responsible for any errors or omissions that you make in connection with any virtual currency transaction initiated via the Services. We strongly encourage you to review your transaction details carefully before attempting to transfer a virtual currency.

TRANSACTIONS

Once transaction details have been submitted via the Services, we cannot assist you to cancel or otherwise modify your transaction. The Company does not have the ability to facilitate any cancellation or modification requests. You must ensure that you have an adequate balance in your account and/or gas to complete transactions before initiating a transaction. You acknowledge and agree that we will not be liable for any failed transactions due to insufficient funds or gas associated with your account.

TAXES

It is your responsibility to determine what, if any, taxes apply to the transactions that you have submitted transaction details for via the Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority.

INTELLECTUAL PROPERTY

The Website and and related mobile applications and products contain copyrighted material and trademarks including, but not limited to, text and graphics (the “Content”), which is protected by copyright law, registered and unregistered trademarks, and other intellectual property rights. Unless otherwise provided, we exclusively own the Content. Your use of the Services does not grant you any right, title, or interest in the Content. You agree that you will not copy, transmit, distribute, sell, license, create derivative works from, or, in any other way, exploit any of the Content, in whole or in part.

The Website may contain links to third-party websites and services. The Company has not reviewed all of the sites linked to the Website and is not responsible for the contents of any such linked site. The Company does not guarantee their safety and conformity with any User expectations. The inclusion of any link does not imply endorsement by our Company of the site. The Company assumes no obligations in the event of any damage or loss, or any other impact, directly or indirectly resulting from the use of any content, goods or services available on or through any such third-party websites and resources.

 

YOUR USE OF THE SERVICES

As a user of the Services, we grant you a limited, personal, non-commercial, non-exclusive, non-transferable, and revocable license to use the Services. When using our Services, we ask that you follow some basic rules:

  • You agree that you will not violate any laws when using our Services. This includes any local, provincial, state, federal, national, or international laws that may apply to you. You agree that you will not use our Services to pay for, support, or otherwise engage in any illegal activities including, but not limited to, illegal gambling, fraud, money laundering, or terrorist activities. If we discover that you have violated this Agreement or other regulatory requirements by participating in money laundering or by financing terrorist activities, we will take proportional disciplinary action;
  • You agree not to distribute any virus or other harmful computer code through the Services;
  • Any use of the Services other than as specifically authorized in this Agreement, without our prior written permission, is strictly prohibited and will terminate your license to use the Services.

The Company strictly follows anti-money laundering (AML), know your customer (KYC) and other banking or government regulations in respective jurisdictions. Each User fully agrees to assist the Company in complying with all of the mentioned regulations and provide any necessary information if such is required by the competent authority. The Company is also required to keep full records of all transactions and transfers together with identification provided and constantly monitor any unusual or suspicious transactions of any size.

The Company may determine, in its sole discretion, that it is necessary to obtain certain information about you in order to comply with applicable laws or regulations. You agree to provide us such information promptly upon request, and you acknowledge that the Company may refuse to provide the Services to you until you provide such requested information.

By using the Services each User covenants, represents, and warrants that (under the applicable law and law of the country of User’s residence and citizenship):

a) he (she) is fully able and legally competent;

 

b) he (she) has necessary and relevant experience and knowledge to deal with cryptographic tokens, cryptocurrencies and blockchain-based systems;

 

c) he (she) will not be using the Services for any illegal activity, including but not limited to money laundering and the financing of terrorism;

 

d) he (she) is not a resident or citizen of the Restricted States.

The Company reserves the right to share Buyers’ information with third parties to ensure intended operations of the Website and its security.

LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTIES

The User expressly agrees that, to the maximum extent permitted by the applicable law, the Company (OR ANY OF OUR OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS, SERVANTS, COUNSEL, EMPLOYEES, CONSULTANTS, LAWYERS, AND OTHER PERSONNEL AUTHORIZED TO ACT, ACTING, OR PURPORTING TO ACT ON OUR BEHALF) is not responsible for any loss including loss of any savings, business, revenue, or profits, or future profits or loss of or damage to data, equipment, or software (direct, indirect, punitive, actual, consequential, incidental, special, exemplary or otherwise), resulting from any use of, or inability to use, the Services or any phishing resources, related to the Services, suffered by the User.

The Services are provided on an “as is” basis and without any warranties of any kind, either expressed or implied. The Company makes no guarantees, warranties or representations.

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to, attorney’s fees) arising from: (a) your use of and access to the Services; (b) your violation of any term of this Agreement; or (c) your violation of any law, rule, or regulation, or the rights of any third party.

The Company shall not be held liable for any malfunction, breakdown, delay or interruption to the Internet connection, or if for any reason the Services are unavailable at any time or for any period. The Company shall not be liable for uninterrupted availability of the Services at all times, in all countries and/or all geographic locations, or at any given time.

The Company shall not be liable for any incorrect information from third parties displayed on the Website and related mobile applications and products.

The Company shall not be liable for any illegal actions of the third party. In the case of fraud, the Company will report all necessary information, including names, addresses and all other requested information, to the relevant authorities dealing with fraud and breaches of the law.

The Company shall not be liable for any delay or failure to perform its obligations if such failure or delay is due to Force Majeure. Force Majeure includes delay or failure resulting from any cause beyond reasonable control, including act of God, labor disputes or other industrial disturbances, any governments actions, systemic electrical, telecommunications, or other utility failures, earthquakes, storms or other elements of nature, blockages, embargoes, riots or orders of government, acts of terrorism, or war.

You release us from all liability related to any losses, damages, or claims arising from: (a) User error such as forgotten passwords, incorrectly constructed transactions, or mistyped virtual currency addresses; (b) server failure or data loss; (c) unauthorized access to the Services application; (d) bugs or other errors in the Services software; and (e) any unauthorized third party activities, including, but not limited to, the use of viruses, phishing, brute forcing, or other means of attack against the Services.

TIME LIMITATION ON CLAIMS

You agree that any claim you may have arising out of or related to your relationship with us must be filed within one year after such claim arises, otherwise, your claim in permanently barred.

GOVERNING LAW

No matter where you’re located, the laws of the Singapore will govern these Terms without regard to Singapore’s conflicts of laws rules. If any provisions of these Terms are inconsistent with any applicable law, those provisions will be superseded or modified only to the extent such provisions are inconsistent. The parties agree to submit to the federal or state courts of the Singapore for exclusive jurisdiction of any dispute arising out of or related to your use of the Services or your breach of these Terms. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue, or forum non conveniens in any such action.

TERMINATION

The Company may at its sole discretion and/or without any liability or further obligation of any kind whatsoever to the User or any other party immediately terminate this Agreement if the User breaches any of the provisions mentioned in the Terms and when we find such measures reasonable and/or necessary in a particular situation. The User may request to deactivate or terminate her account, at any time and for any reason by sending a request.

NO WAIVER

Company’s failure to exercise or enforce any right or provision of the Terms will not operate​ ​as​ ​a​ ​waiver​ ​of​ ​such​ ​right​ ​or​ ​provision.

SEVERABILITY

If it turns out that any part of this Agreement is invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms.

ASSIGNMENT

The Company may assign Company’s rights and obligations under the Terms to any other person without prior consent of any counterparties and third party.

The User shall not assign rights and obligations under the Terms, either in whole or in part, without the express prior written consent of the Company. Any such attempted assignment shall be void.

ENTIRE AGREEMENT

This Agreement sets forth the entire understanding and agreement as to the subject matter hereof and supersedes any and all prior discussions, agreements, and understandings of any kind (including, without limitation, any prior versions of this Agreement) and every nature between us.

QUESTIONS OR COMMENTS

We welcome comments, questions, concerns, or suggestions. Please send us a message on our contact page at via contact@cryb.com.