Definitions

Account
an account registered by the User on Cryptus Site
Business Day
any day from 10.00 to 18.00 by Estonian time except Saturday, Sunday or any national or public holiday of Estonia
Cryptus / we / us /our
any reference to Cryptus, we, us, our or any similar term shall be construed as reference to OpenGate Technology OÜ
Cryptus Privacy Policy
privacy policy available at here
Cryptus Site
cryptus.io or any associated mobile applications
Cryptus Wallet
a software program where the Users can store their Digital Currencies
Digital Currency
peer-to-peer decentralized digital representation of value supported by Cryptus – bitcoin and Ethereum
Digital Currency Network
the Bitcoin network or the Ethereum network
Digital Currency Transaction
sending Digital Currency to, and requesting, receiving, and storing Digital Currency from, third parties
Enhanced Due Diligence
Additional measures taken by Cryptus to verify the identification of the User in case Cryptus considers there to be an increased risk of money laundering or terrorist financing
Exchange Rates
each purchase or sale of Digital Currencies using Fiat Currency is subject to the Cryptus Exchange Rate for the given transaction. The Exchange Rate means the price of a given supported Digital Currency in Fiat Currency as quoted on the Cryptus Site. The Exchange Rate is stated either as a ‘Buy Price’ or as a ‘Sell Price’, which is the price at which the User may buy or sell Digital Currencies. By accepting these Terms, the User acknowledges that the ‘Buy Price’ Exchange Rate may not be the same as the ‘Sell Price’ Exchange Rate at any given time, and that we may add a margin or ‘spread’ the quoted Exchange Rate. The User agrees to accept the Exchange Rate when authorising a transaction
Fiat Currency
government-issued currency, that is designated as legal tender in its country of issuance
Identity Verification
provision of certain personal details and documents when opening an Account in order to identify the User
Messages
sub-page opened for each User on Cryptus Site for the purposes of sending and receiving notices related to the Cryptus Site
Payment Service Provider
a third party that offers services to accept and facilitate payments
Private Key
a combination of numbers that allows a User to access Digital Currency and that is held securely by Cryptus
Services
digital currency wallet service, service of exchanging digital currency against fiat currency and service of exchanging digital currency against another digital currency offered by Cryptus
Terms
Terms and Conditions of Cryptus Services
User
a natural or a legal person who has registered and opened an Account
1. General
  1. The following Terms apply to any person that registers for and/or opens an Account through cryptus.io or any associated mobile applications or websites. The Terms constitute a legally binding agreement between the User and OpenGate Technology OÜ (registry code 14417867) which is a company incorporated under the laws of Estonia.
  2. OpenGate Technology OÜ (hereinafter Cryptus) provides Digital Currency wallet service, service of exchanging Digital Currency against Fiat Currency and service of exchanging Digital Currency against another Digital Currency. Estonian Financial Intelligence Unit has given Cryptus an authorisation to provide services of exchanging a digital currency against a fiat currency and to provide a digital currency wallet service (operating license no FVT000344).
  3. In addition to these Terms, Cryptus Privacy Policy applies to the User, which is available here.
  4. By registering for and opening an Account, the User confirms that he/she has duly examined these Terms in full, understands them and agrees to these Terms and the Cryptus Privacy Policy. The User also accepts and agrees that he/she is solely responsible for understanding and complying with all laws, rules, regulations and requirements of the jurisdiction in which the User lives that may be applicable to the use of the Cryptus Site and/or Account, including but not limited to, those related to taxes or foreign currency transactions.
  5. Before using the Cryptus Site, the User must assess the suitability of Digital Currencies with his/her financial profile and consider the risks associated with buying and selling of digital currencies or consult a professional financial advisor. Digital currency markets can be volatile, and prices can fluctuate significantly, which could result in sudden and significant increases or decreases in the value of the User’s assets. Under no circumstances does any information contained on the Cryptus Site or provided to the User by any employee or other persons communicating with the User on behalf of Cryptus, constitute financial, investment or other professional advice.
2. User requirements
  1. If not stated otherwise in these Terms, any person who has expressed their relevant wish by submission of registration application via Cryptus Site, and who meets the conditions laid out in these Terms, can become the User. By submission of the registration application, the applicant confirms that he/she has examined in full, understands and agrees with these Terms and the Privacy Policy.
  2. The User who is a natural person must be at least 18 years of age and with no restrictions on his/her legal capacity. A legal person can become a User only in case when the legal person is entered into its respective national company registry or equivalent register.
  3. A legal person can register as the User only through its representative who is a natural person. Such representative of the legal person must be identified in accordance with the rules applicable to the identification of a natural person.
  4. Cryptus can refuse to register the User at its own discretion or impose additional requirements for registration of a User or change the existing requirements at its own discretion at any time.
  5. Each User must furnish all necessary information, documents and other evidence to Cryptus necessary for verification of his or her identity by the procedure provided by law.
3. Identity Verification and due diligence measures
  1. Cryptus’s activities are regulated under the Estonian Money Laundering and Terrorist Financing Prevention Act which obliges Cryptus to apply due diligence measures upon establishment of business relationships. Identification and verification procedures are required for all the Digital Currency Transactions in accordance with the requirements of the Cryptus’s authorisation (operating license no FVT000344). User is obliged at the request of Cryptus to submit documents required for application of the due diligence measures and provide relevant information. User certifies by signature, at the request of Cryptus, the correctness of the submitted information and documents submitted for the application of the due diligence measures. If the User refuses to provide required documents and information under Identity Verification, Cryptus reserves the right not to provide Services to the User or to immediately restrict or suspend User’s Account.
  2. Cryptus uses a two-step registration process. During the first step, a person must enter his/her email address and choose a safe password after which he/she is asked to confirm the registration on his/her email account.
  3. The second step involves the identification and verification of persons. For that purpose, Cryptus requires the Users to provide certain personal details and documents when completing the second step of the registration. Completion of the second step is a prerequisite for using Cryptus Services. The nature and extent of the Identity Verification required will depend upon which of our supported countries the User is resident in, and the deposit and withdrawal limits that he/she wishes to apply to Cryptus Account. In certain circumstances, Cryptus may also perform Enhanced Due Diligence procedures in relation to User’s Account. The User accepts and agrees to remain subject to such procedures at all times.
  4. The information Cryptus may request may include certain personal information, including, but not limited to, person’s name, personal identification code, date of birth, address, telephone number, e-mail address, occupation and information regarding person’s bank account (such as the name of the bank, the account type, routing number, and account number) and information on the origin of person´s funds. Cryptus may request information from a legal person that includes, but not limited to the name or business name of the legal person; the registry code or registration number and the date of registration; the names of the director, members of the management board or other body replacing the management board, and their authorisation in representing the legal person; the details of the telecommunications of the legal person. Cryptus may request data and documents from the User serving as grounds to the transaction or on the transaction party or another person connected with the transaction in order to clarify the legal origin of the money used in the transaction.
  5. The User is also obliged to present to Cryptus a copy of an identity document and upon request of Cryptus, a proof of address which may be a utility bill, bank statement, or any official document issued by authorities not older than 3 (three) months. By providing us with this or any other information that may be required, the User also confirms that the information is accurate, authentic and up-to-date.
  6. Cryptus identifies a natural person based on the following documents: a document specified in subsection 2 of § 2 of the Identity Documents Act; a valid travel document issued in a foreign country; a driving licence that meets the requirements provided for in subsection 1 of § 4 of the Identity Documents Act.
  7. Cryptus identifies a legal person based on the following documents: the registry card of the relevant register; the registration certificate of the relevant register; or a document equal to the aforementioned documents.
  8. The User hereby authorises Cryptus to, directly or indirectly (through third parties), make any inquiries to public databases as Cryptus considers it necessary to check the relevance and accuracy of the information provided for Identity Verification.
  9. The User hereby authorises Cryptus to use third party service providers the process of Identity Verification.
  10. Cryptus reserves the right to, at any time restrict or suspend User’s Account when Cryptus considers it necessary to carry out further Identity Verification and/or Enhanced Due Diligence, or terminate User’s Account if the User provides, or Cryptus suspects that User has provided, false information or refuses to provide information required for Identity Verification and/or Enhanced Due Diligence.
  11. The User accepts and agrees that there may be delays in accessing the Account, or in carrying out transactions through the Account, while we undertake any Identity Verification and/or enhanced due diligence procedures.
  12. Cryptus is required to retain certain information and documentation obtained as part of the Identity Verification and Enhanced Due Diligence procedures. These requirements apply even when the relationship with Cryptus has ended. We reserve the right to keep such information and documentation for the required period and the User accepts and agrees that information and documentation provided to Cryptus may be retained by us, including following the closure of the Account.
4. Cryptus Wallet and currency exchange
  1. The Cryptus Wallet enables the Users to send Digital Currency to, and request, receive, exchange and store Digital Currency from, third parties by giving instructions through the Cryptus Site.
  2. In order to enable the provision of Cryptus Services, Cryptus uses or may use third-party partner Payment Service Providers for certain services.
  3. Creating Cryptus Wallet. The Users may create an address to store their Digital Currencies.
  4. Account Top-up. The User may top-up his/her Account by two ways:
    1. By wire – the User transfers funds through bank wire using either a bank or a Payment Service Provider to Cryptus’s account and upon receiving the funds, Cryptus credits User’s Account instantly during the Business Day or on the next Business Day if funds are received outside of the Business Day timeframe.
    2. By card – the User uses his/her card to transfer funds and upon receiving the funds, Cryptus credits the funds to User’s Account instantly during the Business Day or on the next Business Day if funds are received outside of the Business Day timeframe.
  5. Account withdrawal. The User may withdraw funds from his/her Account by two ways:
    1. Withdraw by wire – meaning that the converted Digital Currency held on User’s Account is transferred to User’s bank account via Cryptus’s account using either a SEPA payment or SWIFT payment according to the terms of service of Cryptus’s partner Payment Service Provider.
    2. Withdraw to card — meaning that the converted Digital Currency held on User’s Account is transferred to User’s bank account during two Business Days.
  6. Receipt and sending of Digital Currencies. The Cryptus Wallet enables the User to receive Digital Currencies from external cryptocurrency wallets and send Digital Currencies to external cryptocurrency wallets. Such transactions are made through the Digital Currency Network.
  7. Currency exchange. The User may sell Digital Currencies in exchange for Fiat Currencies, sell Fiat Currencies in exchange for Digital Currencies or exchange between Digital Currencies. By clicking the ‘Buy’ or ‘Sell’ button on the respective page of Cryptus Site the User submits an order to purchase or sell Digital Currency and by this authorises Cryptus to initiate the Transaction at the quoted Exchange Rate (Buy Price or Sell Price respectively) and agree to any associated transaction fees.
  8. The User cannot cancel, reverse, or change any Transaction marked as complete or pending. If the payment is not successful or if the payment method has insufficient funds, the User authorises Cryptus, in its sole discretion, either to cancel the Transaction or to debit User’s other authorised payment methods in any amount necessary to complete the Transaction. The User is responsible for maintaining an adequate balance and/or sufficient credit limits in order to avoid overdraft, insufficient funds, or similar fees charged by User’s Payment Service Provider and Cryptus is not responsible for any additional fees or charges resulting from a Transaction.
  9. Depending on the User’s place of residence and the payment method selected, the User may not be able to use all the functions of the Cryptus Site. It is the User’s responsibility to follow those rules and laws in his/her place of residence and/or place from which the User accesses the Cryptus Site.
  10. Fiat Currency in Cryptus Account. Fiat Currency deposited into Cryptus Account is solely for (i) the purchase of Digital Currencies and/or (ii) withdrawal to an approved bank account.
  11. Proceeds from the sale of Digital Currencies will be credited to Cryptus Account, less any applicable fees. Cryptus does not pay interest on Fiat Currency held in the Account or Digital Currency balances held in User’s Cryptus Wallet.
5. Account security
  1. The User is solely responsible for:
    1. maintaining adequate security and control over Account sign-in details, including but not limited to any passwords, personal identification numbers (PINs), or any other codes associated with the Account;
    2. keeping his/her contact details up to date to receive any notices or alerts we may send in relation to security.
  2. Failure to take the above measures, and any other security measures available, may result in unauthorised access to Account and the loss or theft of any digital currency and/or Fiat Currency balances held in Cryptus Wallet or any linked bank account(s). Cryptus shall have no liability to the User for or in connection with any unauthorised access to Account, where such unauthorised access was due to no fault of Cryptus, and/or any failure by the User to act upon any notice or alert that was sent to the User.
  3. To the maximum extent permitted by applicable law, the User accepts and agrees that he/she has full responsibility for all activity that occurs in or through his/her Account and accepts all risks of any unauthorised or authorised access to Account.
  4. Cryptus securely stores all Digital Currency Private Keys associated with the Account. The User accepts and agrees that Cryptus shall retain full ownership and control of the Private Keys associated with Account and that the User shall have no control of, access to, or the ability to use, such Private Keys. For example, but without limiting the generality of the foregoing, Cryptus will not:
    1. accept or adhere to any instruction to sign any data with a Private Key;
    2. give access to any funds associated with User’s Private Keys, other than those of the Digital Currency associated with User’s digital currency wallet;
    3. allow the creation of any receive addresses associated with a Private Key other than receive addresses created through User’s Cryptus Wallet. Cryptus will not credit to User’s Cryptus Wallet any digital currency associated with a Private Key other than where such funds have been received via a receive address generated through User’s Cryptus Wallet.
6. Service availability
  1. Cryptus will strive to keep the Cryptus Site up and running; however, all online services suffer from occasional disruptions and outages and Cryptus is not liable for any disruption or loss the User may suffer as a result. Thus, Cryptus does not provide any guarantees that access to the Cryptus Site will not be interrupted or that there will be no delays, failures, errors, omissions or loss of transmitted information.
  2. Cryptus will use reasonable endeavours to ensure that the User can normally access the Cryptus Site in accordance with the Terms. Cryptus may suspend use of the Cryptus Site for maintenance and will make reasonable efforts to give the User a notice. The User acknowledges that this may not be possible in an emergency.
7. Transactions on digital currency networks
  1. When using the Account to send or receive digital currency, the transaction must be confirmed and recorded in the public ledger associated with the relevant Digital Currency Network. That digital currency network is solely responsible for verifying and confirming any such transactions. Cryptus cannot confirm, cancel or reverse transactions on a digital currency network, other than confirming to the User that the network has completed the transaction. The User accepts and agrees that:
    1. Once submitted to a digital currency network, a transaction will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the 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 User’s Cryptus Wallet balance or be available to conduct transactions;
    2. When sending digital currency from Account, the User is authorising Cryptus to submit the transaction request to the relevant Digital Currency Network. Once a transaction’s request has been submitted to the relevant Digital Currency Network, the network will automatically complete or reject the request and neither the User or Cryptus will be able to cancel or otherwise modify the transaction.
    3. Digital Currency Networks are operated by decentralised networks of independent third parties. They are not owned, controlled or operated by Cryptus so we cannot ensure that any transaction details submitted will be confirmed by the relevant Digital Currency Network. The User agrees that any transaction details submitted may not be completed, or may be substantially delayed, by the Digital Currency Network used to process the transaction.
  2. Network protocols and operating rules. The underlying software protocols that govern the operation of the Digital Currencies are open source. Accordingly, anyone can use, copy, modify, and distribute them and Cryptus has no ownership of or control over these protocols. By using the Cryptus Site, the User accepts and agrees that:
    1. Cryptus is not responsible for the operation of any Digital Currency Network’s underlying software protocols and makes no guarantee as to their availability, security, or functionality;
    2. the underlying software protocols are subject to sudden changes in operating rules (known as “forks”), and that such forks may materially affect the value, function, and/or name of any digital currency the User stores in his/her Cryptus Account. Should a fork occur, Cryptus may, with or without notice to the User, temporarily suspend its operations and, in its sole discretion, decide whether or not to support either branch of the forked protocol entirely; and
    3. in the event Cryptus decides not to support a branch of a forked protocol, the User will not be given access to the assets on that fork. Those assets will be securely held by Cryptus and we will not buy or sell them.
8. Fees
  1. The fees applicable to transactions undertaken on the Cryptus Site are presented to the User with the offer of transaction. Cryptus reserves the right to change the fees at any time, at their sole discretion in the light of market conditions and other circumstances and the User has the right not to agree with these amendments. In certain circumstances, with a good reason and without advance notice, and at sole discretion, Cryptus informs selected customers immediately of a specific fee change, where we consider a change to be of particular relevance to such customers. User has the right to not agree with the amendments in which case User has the right to terminate the use of Cryptus services.
  2. Fees provided in the offer of transaction do not include value added tax (VAT) and if according to the law the relevant fee is taxed with value added tax (VAT) or other similar tax, the relevant tax is added to the fees.
9. Delivery of notices
  1. There is a personal sub-page opened for each User on Crytpus Site for the purposes of sending and receiving notices related to the Cryptus Site, through which the User can send and receive Messages.
  2. The User agrees that all communications, agreements, notices and/or other documents relating to User’s Cryptus Account are delivered by Messages, including notices with legal consequences. Cryptus may, at its own discretion, send notices to the User also by means other than by Messages using the contact information entered by the User in the Cryptus Site at registration as a User or any contact information recorded by the User in the Cryptus Site after registration as a User. Notices related to changes in the Terms of Use of Cryptus or Cryptus Privacy Policy or important operational information related to transactions that requires, for example, a rapid response or that has, for example, possible or mandatory actions related to deadlines will be given to the User on the basis of the contact information provided by the User, i.e. the information will be sent to the User´s e-mail.
  3. The User agrees and understands that it is the User`s obligation and liability to read Messages frequently to avoid not receiving notices and necessary information from Cryptus in time.
  4. In order to amend different terms of Services (e.g. increase limits), the User can send verified Messages by using authentication methods offered by Cryptus.
  5. Notices delivered by Messages are deemed as received by the addressee upon the elapsing of 24 hours after dispatching the relevant notice.
10. Amendments to the Terms
  1. Cryptus may unilaterally amend these Terms but it undertakes to give advance notice to the User of any alteration of the Terms. The User has the right to not agree with the amendments to the Terms in which case it may terminate the use of Cryptus services immediately.
  2. The Users are given advance notice of the amendments to the Terms and the date they take effect.
11. General obligations of the Users
  1. When using Cryptus Site, each User shall itself assess the suitability and risk of the relevant transaction and, if necessary, use the help of advisers who are specialists in the relevant field.
  2. By registering as a User, the Users confirm, among other things, that when using Cryptus Site, including when concluding transactions via Cryptus Site, they understand the risks involved in using Cryptus Site and act only at their own risk.
  3. The User agrees and confirms that any information provided or to be provided to Cryptus or another User or otherwise via Cryptus Site is true and accurate.
  4. The User itself shall bear all costs, fees, duties and taxes accompanying the use of the Cryptus Site.
  5. When using the Cryptus Site, the User undertakes not to use technical equipment, applications or solutions (including computer programmes) the aim or function of which is automated use, reading, collection, recording or other processing of the Portal's content or data recorded in it.
  6. The User must itself declare and pay the taxes payable in connection with transactions and actions made via Cryptus Site to the extent and by the procedure provided for by law and Cryptus does not make deductions on account of taxes payable unless it is required by applicable law.
  7. The User must act in good faith when using Cryptus Site and take the rights of other Users into account and not use Cryptus Site for the purpose of causing harm to other Users, to Cryptus or for other purposes that are against good morals or good faith.
  8. The User must not use Cryptus Account to undertake any of the activities or categories of activity set out in this section:
    1. violating any laws, statutes or regulations;
    2. undertaking, facilitating or supporting criminal activity of any kind, including but not limited to, money laundering, terrorist financing, illegal gambling operations or malicious hacking;
    3. abusive activity, including but not limited to:
      • imposing an unreasonable or disproportionately large load on Cryptus’s infrastructure, or otherwise taking any action that may negatively affect the performance of the Cryptus Site or Cryptus’s reputation;
      • attempting to gain unauthorised access to the Cryptus Site or any Cryptus Account;
      • transmitting or uploading any material to the Cryptus Site that contains viruses, Trojan horses, worms, or any other harmful programmes; or
      • transferring his/her Cryptus Account access or rights to his/her Cryptus Account to a third party, unless as required by law or with Cryptus’s prior consent.
    4. paying in to or otherwise supporting pyramid schemes, Ponzi schemes, matrix programmes, “get rich quick” schemes, multi-level marketing programmes or high-yield investment programmes;
    5. fraudulent activity, including but not limited to taking any actions that defraud Cryptus or a Cryptus customer, or the provision of any false, inaccurate, or misleading information to Cryptus;
    6. transactions involving items that may help facilitate or enable illegal activity; promote or facilitate hate, violence or racial intolerance; are considered obscene; or may be stolen goods or the proceeds of crime;
    7. transactions involving TOR markets, online gambling sites or mixers;
    8. sale or purchase of narcotics or controlled substances;
    9. intellectual property infringement.
  9. Unless the User has obtained the prior written approval of Cryptus, the User accepts and agrees that he/she will not use Cryptus Account to conduct or operate any of the following business activities or categories of activity:
    1. gambling or gaming services;
    2. charitable or religious / spiritual organisations;
    3. consumer lending services, including but not limited to secured and unsecured loans, cash advances, payday lending;
    4. investment funds, asset management, or brokerage services.
12. Transfer of rights and obligations
  1. The User may not assign or otherwise transfer the rights and obligations arising from these Terms to a third person without the consent of Cryptus.
13. Closure of User’s Account
  1. User reserves the right to close his/her Account by sending a digitally signed Message to Cryptus.
  2. In order to close the Account, the following conditions must be fulfilled: (i) the sum of all Fiat Currency and Digital Currency balances in Cryptus Wallet(s) is below EUR 10.00; and (ii) no transactions have taken place in the Account for a period of at least 30 days. Cryptus will not close the Account until these conditions have been fulfilled as their purpose is to protect the User.
  3. Once the Account is closed the User will have no further access to it and Cryptus will be under no obligation to notify the User or provide him/her any Digital Currency sent to any receive address associated with the Cryptus Account.
  4. Once the Account is closed, Cryptus deletes the information and account data stored on our servers that Cryptus is not required to retain under applicable law or does not need for operation reasons.
  5. If at the date of closure of Account any Fiat Currency or Digital Currency remains in Cryptus Wallet(s) (i.e. less than EUR 10.00), the User accepts and agrees that Cryptus shall retain such funds and that the User shall have no further claim to them.
14. Inactive Accounts
  1. Fiat Currency deposited into Cryptus Wallet may only be used for the purchase of Digital Currencies and/or withdrawal to an approved bank account. The User must not use its Cryptus Wallet for the purpose of storing Fiat Currency. Where any Fiat Currency in Cryptus Wallet is not used for a period exceeding three months, Cryptus may charge and obtain from the User an inactivity fee of EUR 15.00 per month, which shall be collected from the Fiat Currency held in Cryptus Wallet. Should we have reasonable grounds on which to suspect the User is using his/her Cryptus Wallet primarily for the purpose of storing Fiat Currency, Cryptus reserves the right to restrict, suspend or terminate the Account.
  2. Cryptus reserves the right to terminate unconfirmed Accounts or Accounts that have been inactive for a period of twelve months or more and/or if Cryptus decides not to continue provision of Services in which case the User will be notified about the status of his/her Account via Messages or other contact details provided to Cryptus.
15. Restriction, suspension and termination
  1. Cryptus reserves the right to restrict, suspend or terminate User’s Account where:
    1. we reasonably suspect the Account to be the subject of an operational or other error, in which case we may be required to suspend access to the account until such time as the error is rectified;
    2. we reasonably suspect the Account has been or is being used in relation to any unlawful, fraudulent or Prohibited Activity, or in breach of these Terms;
    3. we reasonably suspect the Account is or has been associated with, or poses a high risk of, money laundering, financing of terrorism, fraud, or any other financial crime;
    4. we reasonably suspect the User of taking any action that Cryptus considers to be a circumvention of Cryptus’s controls, including but not limited to opening multiple Accounts;
    5. we reasonably suspect User’s involvement in any attempt to gain unauthorised access to any Account;
    6. User’s Account is or appears to be the subject of any legal, regulatory or government process and/or we, in our sole discretion, consider there to be a heightened risk of legal or regulatory non-compliance associated with User’s Account;
    7. we are compelled to do so by a prima facie valid subpoena, court order, or other binding order of a government or regulatory authority; or;
    8. User’s name appears on a government or international body sanctions list.
  2. Cryptus will make all reasonable efforts to provide the User with notice of any decision to restrict, suspend or terminate Cryptus Account, unless prevented from doing so by any legal or regulatory process or requirement, or where doing so may compromise Cryptus’s security and/or risk management procedures. The User accepts and agrees that Crytpus is under no obligation to disclose the fact of or reason for any decision to restrict, suspend or terminate Cryptus Account, and shall have no liability to the User in connection with the restriction, suspension or termination of his/her Cryptus Account.
  3. In case Cryptus terminates the User’s Account, the User is proposed to close the Account according to the rules in section 13 of the Terms of Use of Cryptus.
16. Limitation of liability
  1. In no event shall Cryptus, its operating entities or any other affiliates (including their respective directors, members, employees or agents) be liable to the User for any direct, indirect, special, consequential, exemplary or punitive damages or any other damages of any kind, including but not limited to loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, whether in contract or otherwise, arising out of or in any way connected with the User’s use of, inability to use, or unavailability of the Cryptus Site and/or the Account, including without limitation any damages caused by or resulting from any reliance upon any information received from Cryptus, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from a force majeure event, communications failure, theft, destruction or unauthorised access to Cryptus’s records, programmes or services.
  2. The above limitations of liability shall not apply in case Cryptus has breached its obligations under the Terms intentionally or with gross negligence.
17. Indemnity
  1. The User agrees to protect, defend, indemnify and hold harmless Cryptus and its officers, directors, employees, agents and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Cryptus directly or indirectly arising from (i) the User’s use of and access to Cryptus Site; and/or (ii) the User’s violation of any provision of the Terms; and/or (iii) the User’s violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of the Terms or the User’s use of the Cryptus Site or the services found on the Cryptus Site.
18. Governing law and procedure for resolving disputes
  1. These Terms and other circumstances, actions and transactions relating to the use of Cryptus Site are governed by Estonian law.
  2. All disputes between the Users or between Cryptus and a User relating to the use of Cryptus Site will be endeavoured to be resolved by way of negotiations. In case of failure of negotiations, such disputes are resolved in a county court as the court of first instance in the Republic of Estonia, if not otherwise stated in these Terms.
19. Final Provisions
  1. The Republic of Estonia is deemed as the place of performance of the obligations arising from these Terms.
  2. If any of the provisions of these Terms is found to be null and void or otherwise invalid, this shall not have an effect on the validity of the remaining provisions of these Terms.
  3. Notwithstanding any other provision of these Terms, any translation is provided solely for your convenience. In case of discrepancy between the texts, the English text shall be deemed as correct.
  4. Information made available on the Cryptus Site is not intended to be delivered to or used by persons in any jurisdiction in which it is not permitted or in which its permissibility is restricted by law or other regulations.
  5. The content of the Cryptus Site is protected by copyright.
  6. The User undertakes not to copy, download, save, reproduce, print or otherwise process, whether in part or in full, the content of the Cryptus Site without the prior written consent of Cryptus. Notwithstanding the foregoing, the User may print or save the Cryptus Site content in the necessary extent if the User does so only for personal use and only to the extent reasonably necessary for the User to use the services of Cryptus.