Terms and conditions of use

Last edit: 2018-01-15

By registering for an account on our Site or otherwise accessing our Services, you agree to the terms and conditions (the "Terms") of use set forth below. If you do not agree to these Terms, do not register for an Account or otherwise access our Services.

Please note that your use of the Services is also subject to our Privacy Policy. The Company reserves the right to update the Terms and Privacy Policy at any time without prior notice to you.
 

1. Definitions

Account(s): One or more accounts created by a User on the Platform for the purpose of accessing the Services.

Hawk:  Hawk is our own currency used in trading on this platform. Within our own portal, Hawks are almost equivalent to other cryptocurrencies. Functional utility Hawks available via the Platform. Hawks are not for speculative investment and do not represent security interests of the Company (or any company). Hawks do not represent any rights with respect to the Company (or any company), including, but not limited to, any right of participation in the Company’s profit distributions or decision making process. Hawks are sold as a functional good and all proceeds received by Company from such sales may be spent in the Company’s discretion. No promises or guarantees of future performance or value are or will be made with respect to any sale of Hawks, including, but not limited to: any promises of intrinsic or exchange value; any promise of continuing payments; and any guarantee that Hawks will hold any particular value.

App: Refers to the CryptoHawk application, a computer program developed by the Company and/or its affiliates that is designed to run on a mobile device such as a smartphone or tablet computer. All or part of the Services may be available for access via the App.

Company: The CryptoHawk AG, has its registered address at: Switzerland

Platform: The platform published by the Company and/or its affiliates, which permits Users to exchange Hawks with other Users. The Platform permits Users to exchange HAWK for legal currency.

Services: Any services made available through the Site, affiliated websites, the App, and the Platform.

Site: The official CryptoHawk website URL is: https://cryptohawk.com/.

Hawks: any cryptographic Hawks available or exchanged over the Platform, the App, or the Services (including CryptoHawk Hawks).

Users: any user of the Services (all references to "you" or “your” herein refer to each User).
 

2. Eligibility, Restricted Area, and Permitted Use

Eligibility. By accessing the Services, you represent and warrant that you:

(1) are at least 18 years of age, or at least the minimum age required by applicable law such that the Services may be lawfully provided to you without parental consent;

(2) accede to these Terms (and are legally capable of doing so);

(3) do not reside in United States or from same;

(4) are not prohibited by applicable law from accessing and using the Services;

(5) have not previously been suspended or removed from the Site;

(6) own all Hawks used by you in connection with the Platform (or such Hawks are those with which you are able to carry out authorized transaction);

(7) have all necessary consents and authorizations to carry out all transactions initiated from your Account;

(8) have provided true, accurate, and complete information in creating your Account(s); and

(9) have reviewed the risk disclosure statement contained in these Terms, and consent to the bearing of all risks described therein.

Restricted Area. By accessing the Services, you represent and warrant that you do not reside in UNITED STATES; and that you are not a citizen of USA.

Permitted Use. You agree that you will comply with all applicable laws and regulations when accessing the Services. You agree not to use the Services for any unlawful activity, including, but not limited to, illegal gambling, money laundering, fraud, blackmail, extortion, ransoming data, the financing of terrorism, or other violent activities. You further agree that you will not hack, decompile, reverse engineer, disassemble, and attempt to derive the source code of, decrypt, or otherwise compromise the integrity and security of the Platform, Site, and App.
 

3. Account

i. You must create an Account to access and use the Services, and you must provide a valid email address to create your Account. You must provide complete, accurate, and current information when creating your Account and promptly update such information should there be any changes. You may request the Company to delete or remove any information you provide; however, you acknowledge and agree that the Company may, in its sole discretion, refuse your request or restore any previously deleted or removed information. You must be responsible for all activities that occur under your Account and accept all risks of unauthorized access.

ii. You agree to maintain the security and confidentiality of your login credentials, and restrict unauthorized access—whether via the Site, App, or otherwise—to your Account. You must promptly notify the Company if you discover or otherwise suspect any unauthorized access to or use of your Account.

iii. You agree that the Company reserves the right to limit the number of Accounts that any User or such User’s affiliates may create.

iv. You agree that the Company reserves the right and sole discretion to terminate your Account for any reason at any time.


4. Risk Disclosure Statement

(a) Technology

Sophistication. A comprehensive understanding of applied cryptography, Cryptocurrencies and computer science is required in order to appreciate inherent risks. By using the Services, you represent and warrant that you have sufficient knowledge, market sophistication, experience, and/or professional advice sufficient to undertake a prudent evaluation of the merits and risks of all transactions conducted by you pursuant to the Services. You agree to bear sole responsibility for the aforementioned evaluation.

No guarantee. Neither the Company nor its affiliates owns or controls any of the underlying software through which blockchain networks are formed and with which any Hawks are created and transacted. Neither the Company nor its affiliates makes any guarantee of functionality, security, or availability of such software and networks.

Forks. The blockchain technology underlying Hawks is subject to change at any time, including changes in operating rules (commonly referred to as "forks"), and blockchain networks may go offline as a result of bugs, hard forks, or a number of other unforeseeable reasons. Such changes may materially and adversely affect the value or function of the Hawks in your Account. You agree that you are fully responsible for monitoring such changes and agree to bear all risks arising therefrom or relating thereto.

Cyber-attacks. In the event of a cyberattack on the Platform, App, Site, or any other component of the Services, your Account and the Hawks therein may be adversely affected. Neither the Company nor its affiliates makes any guarantee that it may foresee, prevent, mitigate, or take corrective action in the event of such attack.

Suspension/Discontinuation of Support/Withdrawal. In the event of a fork or a cyber-attack regarding a particular Hawk traded on the Platform, you agree that the Company may temporarily suspend the Services (with or without advance notice to you) for the Hawk in question and that the Company may, in its sole discretion, decide not to support (or cease supporting) the forked Hawk entirely. The Company will provide you with an opportunity to withdraw such Hawks if feasible. Resolutions concerning deposits, withdrawals, and User balances for an attacked Hawk will be determined on a case-by-case basis by the Company in its sole discretion. The Company makes no representations or warranties with respect to the security of the Platform, and shall not liable for any lost value or stolen property, regardless of whether the Company was negligent in providing the proper security.

Disclaimer. The Company hereby disclaims all responsibility for any loss or damage arising from or relating to your use of any Services (including, but not limited to, risk of losses due to trading or due to factors beyond its control regarding the viability of any specific blockchain network) or your failure to understand the risks involved in Hawk use generally or your use of our Services. The Company further disclaims all responsibility for any loss or damages arising from or relating to any cyber-attacks (including without limitation the theft of your personal information), unprecedented surges in trading volume, any disruption or shut down of the Services, or other technical difficulties with respect to the Services.

(b) Prevailing rate

While the Company uses commercially reasonable methods to provide exchange rate information to you through our Services, such information may differ from prevailing exchange rates made available by third parties. Moreover, the actual market rate at the time of your trade may be different from the indicated prevailing rate depending on the velocity of trading in the Hawks involved in your trade. The Company hereby disclaims all responsibility for any loss or damage arising from or relating to price fluctuations, latencies, or differences in actual versus indicated prevailing rates.

(c) Transaction failure; Terms of Online Deposit

A transaction on the Platform may fail for several reasons, including but not limited to change in seller prices, insufficient margin, or unanticipated technical difficulties. The Company makes no representations or warranties that any transaction will be executed properly. The Company hereby disclaims all losses and damages arising from or relating to any transaction failure. You agree and consent that the Company shall not be responsible for notifying you of a transaction failure.

The Company may refuse to execute a trade or impose trade amount limits or restrictions at any time, without prior notice, and in its sole discretion. Specifically, the Company reserves the right to refuse to process, or to cancel or reverse, any transaction or disable a User’s Account where the Company suspects possible money laundering, terrorist financing, fraud, or any other unlawful conduct, or where the Company suspects the transaction violates these Terms (e.g. transactions involving the opening of an Account and subsequent closure without any actual trading). While the Company may in its discretion reverse a trade, a User may not change, withdraw, or cancel its authorization to make a transaction, except with respect to partially filled orders.

The Company may correct, reverse, or cancel any trade impacted by an error in processing your trading instructions or otherwise. Your remedy in the event of an error will be limited. You may seek to cancel your order or obtain a refund of any amounts charged to you, although we cannot guarantee such cancellations or refunds will always be possible.

You acknowledge that the Company provides each Account with cryptographic Hawk deposit capabilities in order to enable trading. You acknowledge and agree that the Company does not allow Users to use such deposit capabilities for purposes other than those required for the trading of cryptographic Hawks in accordance with these Terms; such prohibited uses include using Accounts as "web wallets" or for address registration purposes. We reserve the right to halt deposit activity at our sole discretion.

(d) Discontinuation

The Company reserves the right to discontinue the availability of a Hawk previously available via the Services at any time in its sole discretion. In such event, the Company will provide you with an opportunity to withdraw such Hawks.

(e) Illiquidity

You may find it difficult or impossible to liquidate a position. This can occur if there is insufficient liquidity in the market. Placing contingent orders, such as "stop-loss" or "stop-limit" orders, will not necessarily limit your losses to the intended amounts, because it may be impossible to execute such orders due to market conditions. Factors, including but not limited to regulatory scrutiny, market manipulation or unexplainable price volatility can all affect market liquidity for a particular Hawk

(f) Default and Liquidation

You agree to maintain a sufficient number of Hawks in your Account(s) at all times to meet the Company’s minimum balance requirements, as such requirements may be modified from time to time at the Company’s sole discretion. If the value of the assets in your Account falls below the minimum balance requirement, or if your Account appears to be in danger of defaulting on a loan, the Company may seize and liquidate any or all of your positions and assets on any balance in your Account in order to settle your debt to other Users. If, after your positions and assets are liquidated, your Account still contains insufficient Hawks to settle your debts to other Users, you are solely responsible for any additional Hawks owed.

(g) Company Bank Account.

If at any point the Company’s bank accounts become frozen, you acknowledge and agree that the Company may take steps to unfreeze the account, but under no circumstances will the Company be liable for any loss that you may or may not incur as a result of the account freeze.

(h) No trading advice.

If at any point the Company or its representatives or affiliates provide trading recommendations, market commentary, or any other information, you acknowledge and agree that no such communications do not constitute trading advice. You further acknowledge and agree that you have the sole responsibility with respect to evaluating any transactions you conduct via your use of the Services, and that the Company has no obligation of due diligence or fiduciary duty toward any of the User’s transaction decisions.

(i) Compliance by Users.

You acknowledge and agree that the Company is not responsible for determining whether or which laws, rules, or regulations apply or may apply to your transactions (including, without limitation, any anti-money laundering laws, securities laws and tax laws). You acknowledge and agree that you are solely responsible for compliance with all such laws rules, or regulations as may be applicable to your transactions. Without limiting the foregoing, you acknowledge and agree that you are solely responsible for all tax obligations arising from your use of the Services. You further acknowledge and agree that the Company shall not be liable, whether directly or indirectly, for any of your tax obligations.

(j) Company Compliance.

You acknowledge and agree that the Company’s recordkeeping and customer verification procedures may be, without prior notice, subject to change at any time as required by applicable regulations or state of the art practices.

Applicable law, regulation, and executive orders may require the Company to, upon request by government agencies, freeze or suspend withdrawals or trading (or both), or disclose information regarding your Account(s). In the event such disclosure is compelled, you agree that the Company may disclose information regarding your Accounts. While the Company will endeavor to, where commercially reasonable, give you prior notice of such disclosure, the Company makes no guarantees that such prior notice will be made.

You acknowledge and agree that the Company does not represent or warrant, whether explicitly or implicitly, the timely or successful deposit or withdrawal of any legal currency in your Account. You acknowledge and agree that the Company shall not be liable for any losses arising from any delay or unsuccessful deposit or withdrawal of any legal currency in your Account.

You acknowledge and agree that the Company retains the sole discretion in deciding whether Users from any particular jurisdiction may deposit or withdraw legal currency in the Accounts.

You acknowledge and agree that the Company may, at its sole discretion and at any time, suspend or terminate the deposit or withdrawal of legal currency in your Account. Users of Accounts terminated in accordance with the previous sentence may apply for a refund of the balance, if any, of the legal currency remaining in the Account within 30 days after termination of the Account.
 

5. Fees

Amount of Fees.

The Company features some trading fees to maximize traders’ profit and market liquidity. However, the Company charges fees for margin trading loan interest, subscriptions. Please check the CryptoHawk website from time to time to ensure that you are aware of the latest Fee Schedule. Changes to the Fee Schedule are effective as of the effective date indicated in the revised Fee Schedule to the Services, and will apply prospectively to any activities that take place following the effective date of such revised Fee Schedule.

There may be certain regulatory or other fees charged by third parties relating to your use of the Services. You acknowledge and agree that the Company will not be liable for any such fees charged on your deposits or transactions and that you are solely responsible for such fees.

Payment of Fees.

You authorize us, or our designated payment processor, to charge or deduct Hawks from your Account(s) in satisfaction of payment for any fees incurred from our provision of the Services. You authorize the Company to deduct any applicable fees from your Account(s) at the time you make a given transaction.

Collection-Related Costs.

If you fail to pay fees incurred from our provision of Services or any other amounts otherwise owed to the Company, you acknowledge and agree that you will be liable for any collection-related costs as permitted by applicable law.


6. Limited License

The Company grants you a limited, nonexclusive, nontransferable license to access and use the Services (whether via the App or the Site), solely for the intended functions of the Services and other approved purposes as expressly permitted by the Company. Any other use of the Services is expressly prohibited.

When using the App, you agree not to:

(a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App;

(b) make any modification, adaptation, improvement, enhancement, translation, or derivative work to or from the APP;

(c) violate any applicable laws, rules, or regulations in connection with your access or use of the App;

(d) remove, alter, or obscure any proprietary notice of the Company or of its affiliates, partners, suppliers or the licensors of the App;

(e) use the App for any other purpose for which it is not designed or intended;

(f) make the App available over a network, or otherwise permitting access to or use thereof by multiple mobile devices or users at the same time;

(g) use the App to send automated queries to any website or to send any unsolicited commercial e-mail; or

(h) make any unauthorized use of proprietary information or intellectual property of the Company or its affiliates (including, but not limited to, the "CryptoHawk" trademark).


7. User Code of Conduct

When using or accessing the Services, you agree not to:

(a) gain, or attempt to gain, unauthorized access to the Site, Accounts of other Users, or any other component of the Service, whether through password mining or otherwise;

(b) use or attempt to use a web crawler on the Site or any component of the Service;

(c) cause a disproportionately large load on our infrastructure; or

(d) upload any material to the Site that contains computer viruses, Trojan horses or worms.


8. Privacy Policy

Your privacy is important to us. However, we may be compelled to share your information pursuant to applicable laws, rules, or regulations. Please refer to our Privacy Policy for more details.
 

9. Anti-Money Laundering (AML) & Know Your Customer (KYC) Policy

The Company enforces bank-level KYC ("know-your-customer") processes to comply with AML (anti-money-laundering) laws. The Company cross-checks User data against government watch lists. If a User or a User’s transaction is flagged as suspicious, the Company will require additional proof of identification from the User, and may suspend any trades, deposits, and/or withdrawals by such User until such identification is received to the satisfaction of the Company.

The Company maintains an internal policy on User verification levels. The Company reserves the right to determine, in its sole discretion, the appropriate verification level and criteria for any User, and the right to downgrade Users without prior notice. The Company may, from time to time, implement policies restricting verification levels and criteria by nationality, country of residence, or any other factor.

You agree that if you fail to achieve a desired level of verification, you may be unable to deposit and/or withdraw Hawks. You agree to be solely responsible and not hold the Company or its affiliates liable for such losses.

You hereby authorize the Company to, directly or through third parties make any inquiries we consider necessary to verify your identity and/or protect against fraud, including to query identity information contained in public reports (e.g., your name, address, past addresses, or date of birth), to query account information associated with your linked 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.


10. No Transferability

While the Account(s) and the Services provided to a User are non-transferrable, the Company reserves the right to transfer, assign, or sell all the rights, benefits, or obligations thereof to any person and these Terms shall continue to be in force and effect for the benefit of the successors and assigns of the Company or its lenders, if any.


11. Permanent Withdrawal of Service

The Company may (i) suspend or terminate your access to the Services and (ii) deactivate or cancel your Account if so compelled by applicable laws, rules, or regulations, or if the Company suspects you or others of using your Account in furtherance of illegal activity. In such event, you will be permitted to transfer Hawks associated with your Account for a period of [sixty (60) days] after Account deactivation or cancellation unless such transfer is otherwise prohibited by applicable law. If any transaction is in a pending state at the time your Account is cancelled or suspended, such transaction may be cancelled and/or refunded as appropriate.

Upon cancellation of your Account, you authorize the Company to cancel or suspend pending transactions and, after providing notice to you via the Service or App, return the Hawks associated with such transactions to the wallet address the Company has on file for you.

If the Company is unable to return your Hawks to the wallet address, CryptoHawk has on file for you through commercially reasonable efforts, the Company may report and remit the Hawks to an applicable government agency pursuant to unclaimed property laws.
 

12. Disclaimer of Warranties; Exclusion of Liability

THE SERVICES AND THE APP ARE PROVIDED "AS-IS" AND “AS AVAILABLE” AND COMPANY DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF OR CONTINUOUS AVAILABILITY OF THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS AFFILIATES (AND THOSE THAT THE COMPANY WORKS WITH TO PROVIDE THE SERVICES) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FOR A COURSE OF PERFORMANCE OR COURSE OF DEALING.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS AFFILIATES (AND THOSE THAT THE COMPANY WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. LOSSES ARISING FROM OR RELATING TO TECHNICAL DIFFICULTIES OF THE APP, THE PLATFORM, OR THE SERVICE).

IN NO EVENT SHALL THE LIABILITY OF THE COMPANY AND ITS AFFILIATES (AND THOSE THAT THE COMPANY WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT EXCEEDING THE AGGREGATE FEES PAID BY YOU FOR THE SERVICES IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING SUCH CLAIMS.


13. Third Party Content

The Company may provide third party content on the Site and may provide links to web pages and content that are not owned or controlled by CryptoHawk ("Third Party Content"). The Company does not control, endorse, or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including but not limited to the accuracy or completeness thereof. You acknowledge and agree that the Company is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. You acknowledge that your use of such Third Party Content is at your own risk. Your business dealings or correspondence with, or participation in promotions of, any third parties, and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such third parties. The Company is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such Third Party Content on the Site or otherwise via the provision of the Services.


14. Indemnification

You agree to indemnify, defend, and hold CryptoHawk and its affiliates and each of their respective officers, directors, agents and employees harmless from any claim or demand (including any fines, fees or penalties imposed by any regulatory authority, attorney’s fees and court costs) arising out of or related to (i) your breach of these Terms, (ii) your use and misuse of Services or Platform, or (iii) your violation of any law, rule, or regulation, or the rights of any third party.


15. Applicable Law and Dispute Resolutions

These Terms of Use shall be governed by the laws of the Cayman Islands, and shall be interpreted in all respects as a Cayman Islands contract. Any claim or action arising from or related to these Terms of Use, including tort claims, shall be governed by and construed and enforced in accordance with the laws of the Cayman Islands.

To expedite and control the cost of disputes, you agree that any legal or equitable claim arising out of or relating to your use of the Services or these Terms, including the formation, validity, enforceability, scope, or applicability of these Terms (referred to as a "Claim") will be resolved as follows: except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under your use of the Services shall be finally settled on an individual basis through confidential, binding arbitration in accordance with the Swiss International Arbitration Centre (the “Centre”). This means that all claims other than intellectual property lawsuits, such as copyright or trademark infringement lawsuits, or claims seeking non-monetary relief will be subject to binding arbitration. The arbitration shall take place in Switzerland, in the English language and the arbitral decision may be enforced in any court.


16. No Class Action

You and the Company may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, representative, consolidated or multi-claimant proceeding.

You and the Company each waive any right to a jury trial.


17. Severability; Waiver

If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. Any delay or failure by the Company to enforce any of its rights shall not constitute a continuing waiver of such rights.


18. Integration

These Terms and any policies or operating rules posted by the Company constitute the entire agreement and understanding between you and the Company, and supersede any prior or contemporaneous agreements, communications and proposals, in any form, between you and the Company (including, but not limited to, any prior versions of these Terms).


19. Force Majeure

In addition to applicable disclaimers stated above, the Company’s performance under these Terms shall be excused in the event of interruption and/or delay due to, or resulting from, causes beyond its reasonable control, including but not limited to acts of God, acts of any government, war or other hostility, civil disorder, fire, flood, snow storm, earthquake, explosion, embargo, acts of terrorism, power failure, equipment failure, industrial or labor disputes or controversies, acts of any third party data provider(s) or other third party information provider(s), third party software, or communication method interruptions.


20. Notice and Communication

All notice, requests, demands and other communications under these Terms shall be deemed to have been duly given if given as follows:

To contact the Company: Contact Support. Please provide all relevant information, including your CryptoHawk Username and transaction IDs of any related Transaction. Although we make no representations or provide no warranties about the speed of response, we will get back to you as soon as possible.

To contact User: The Company will send all communications to the email you have on file with the Company, or to your Account on the App or the Site. You understand and agree that if the Company sends you an electronic communication but you do not receive it because your email address on file is incorrect or out of date, or because our email is blocked by your service provider or intercepted by your spam filter, or you are otherwise unable to receive electronic communications, the Company will be deemed to have provided the communication to you regardless.

You agree that the foregoing method is the only way to provide the Company with legal notice.


21. Modification

The Company may, in its sole discretion, amend, delete, or otherwise modify any of the terms of this Terms of Use and the Privacy Policy at any time; provided, that the Company provide notice to you at least seven days prior to such modification by sending an e-mail to the e-mail address you have on file with the Company.


22. Suspension and Termination of the Services

The Company may, in its sole discretion and for any reason, temporarily suspend, or finally terminate, the Services, with or without advance notice to you. Without limiting the foregoing, you acknowledge and agree that, in the event of an unstable or irrational market condition, the Company may, in its sole discretion, finally terminate the Services, with or without advance notice to you, by initiating a trading curb or any other appropriate measure.