Terms of Service
These Terms of Service and any terms expressly incorporated herein (“Terms”) apply to any access to, or use of, any services made available by Coinsky, Inc. or Coinsky.net Ltd. (“Coinsky.net” and, together with Coinsky, Inc., “Coinsky”) under the name “Coinsky International” and using the website www.international.Coinsky.com (the “Site”) or our mobile applications or any application programming interface (API) provided by Coinsky relating to the Site, and to any other related services provided by Coinsky relating to the Site (collectively, the “Services”). By clicking on an “I Agree” button or check box presented with these Terms or by accessing or using any Services, you agree to be bound by these Terms.
Both Coinsky, Inc. and Coinsky.net will provide Services with respect to certain cryptocurrency, cryptographic Funds and other digital rights or assets (“Funds”) made available for trading on the Site. Coinsky.net will make available certain Funds that are Virtual Financial Assets (“VFAs”) as defined in the.net Virtual Financial Assets Act, 2018. All other Funds will be made available by Coinsky, Inc. VFAs made available for trading by Coinsky.net will be identified on the Site in a manner that makes it reasonably apparent that such Funds are being made available for trading by Coinsky.net and that neither Coinsky Inc., nor Coinsky.net, or any of their respective Affiliates is making those Funds available for trading by any person located in, or that is a citizen or resident of, the United States. All other Funds that are not so identified are being made available for trading by Coinsky, Inc., and Coinsky, Inc. may make such Funds available for trading to persons located in, or that are citizens or residents of, the United States via a separate website or API accessible (the “US Platform”) to persons located in, or that is a citizen or resident of, the United States.
RISK DISCLOSURE: BY ACCESSING OR USING ANY Coinsky SERVICES YOU ARE VOLUNTARILY CHOOSING TO ENGAGE IN SOPHISTICATED AND RISKY FINANCIAL TRANSACTIONS. YOU ARE FURTHER ACKNOWLEDGING THAT YOU ARE AWARE OF THE MANY RISKS ASSOCIATED WITH THE USE OF THESE SERVICES AND WITH ENGAGING IN TRANSACTIONS IN CRYPTOCURRENCIES, INCLUDING BUT NOT LIMITED TO, RISKS OF FINANCIAL LOSS, TECHNOLOGY GLITCHES (INCLUDING BUT NOT LIMITED TO PROBLEMS WITH THE BLOCKCHAIN TECHNOLOGY), AND HACKING. Coinsky WORKS HARD TO PROVIDE STATE-OF-THE-ART SYSTEMS AND SECURITY. NONTHELESS, CERTAIN ISSUES AND RISKS ARE UNAVOIDABLE, AND IF SUCH ISSUES OR PROBLEMS ARISE IN CONNECTION WITH YOUR USE OF Coinsky’S SERVICES, INCLUDING TECHNICAL DIFFICULTIES WITH DEPOSITING OR TRADING CRYPTOCURRENCIES, IT MAY TAKE DAYS, WEEKS, OR MONTHS TO RESOLVE, AND SOME ISSUES MAY NOT BE RESOLVED AT ALL. BY AGREEING TO THESE TERMS, YOU ACKNOWLEDGE THAT Coinsky IS NOT RESPONSIBLE FOR THE AFOREMENTIONED RISKS, AND YOU VOLUNTARILY ASSUME AND ACCEPT SUCH RISKS IN DECIDING TO ENGAGE IN CRYPTOCURRENCY TRANSACTIONS ON THE Coinsky PLATFORM.
THE ARBITRATION CLAUSE IN SECTION 18 GOVERNS RESOLUTION OF CERTAIN DISPUTES AND WAIVES ANY RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
1. MODIFICATION OF TERMS
Coinsky may modify these Terms by providing notice of such changes, such as by sending you an email, providing notice through the Services, or updating the “Last Updated” date at the top of these Terms. By clicking on an “I Agree” button or checkbox presented with the modified Terms, or by continuing to access or use of the Services, you confirm your agreement to the modified Terms. If you do not agree to any modification to these Terms, you must stop using the Services. Coinsky encourages you to frequently review the Terms to ensure you understand the terms and conditions that apply to your access to, and use of, the Services. If you have any question regarding the use of the Site or Services, please contact our Support Team by filing a support request at https://Coinsky.com/help.
2.1. General Requirements
The Services are intended solely for users who are 18 or older and who satisfy the criteria described in these Terms. You represent and warrant that you: (a) are not located in, or a citizen or resident of the United States, (b) are of legal age to form a binding contract; (c) have not previously been suspended or removed from using our Services; (d) are not identified as a “Specially Designated National” by the Office of Foreign Assets Control; (e) are not placed on the U.S. Commerce Department’s Denied Persons List; and (f) have full power and authority to agree to these Terms.
2.2. Restricted Locations
You may not use the Services if you are located in, or a citizen or resident of the United States. You may not use the Services if you are located in, or a citizen or resident of any state, country, territory or other jurisdiction that is embargoed by the United States, or if you are on any trade or economic sanctions lists, such as the United Nations Security Council Sanctions List, or if you are restricted or prohibited from engaging in any type of trading by the European Union, Hong Kong Monetary Authority, Hong Kong Customs and Excise Department, Office of Foreign Asset Control or any other administrative law enforcement agencies. You may not use the Services if you are located in, or a citizen or resident of any state, country, territory or other jurisdiction where your use of the Services would be illegal or otherwise violate any applicable law. You represent and warrant that you are not a citizen or resident of any such jurisdiction and that you will not use any Services while located in any such jurisdiction, and that you are not on any trade or economic sanctions list. You also may not use the Services if you are located in, or a citizen or resident of, any other jurisdiction where Coinsky has determined, at its discretion, to prohibit use of the Services. Coinsky may implement controls to restrict access to the Services from any jurisdiction prohibited pursuant to this Section 2.2. You will comply with this Section 2.2, even if Coinsky’s methods to prevent use of the Services are not effective or can be bypassed.
2.3. Enterprise User
Unless Coinsky has provided prior, written approval to use your account for trading on behalf of a corporation or other legal entity (an “Enterprise User”), you will use the Services and your Coinsky Account (as defined below) only for your own account and not on behalf of, or for the account of, any third party. If Coinsky has approved your account for trading on behalf of an Enterprise User, you will use the Services and your Coinsky Account solely for the account of the specified Enterprise User. If you use any Services on behalf of any Enterprise User, you agree to these Terms on behalf of yourself and any such Enterprise User, and you represent and warrant that you have the authority to bind the Enterprise User to these Terms and that both you and the Enterprise User will be jointly and severally liable under these Terms for any violation of these Terms or any other act or omission by the Enterprise User or by you. Without limiting the foregoing, you agree neither you nor the Enterprise User will use or offer the Services or any derivatives thereof, including any Funds made available for trading by Coinsky.net, to any person located in, or that is a citizen or resident of, the United States.
3.1. Coinsky Account
In order to use any Services, you must create and maintain an account through the Services (“Coinsky Account”). To create or maintain your Coinsky Account, or enable functions on your Coinsky Account, you will be required to provide Coinsky with certain information and documentation, including, as applicable, the information and documentation associated with identity verification and other screening procedures described in Section 3.3, below. You will: (a) create a unique password; (b) provide complete and accurate information; (c) promptly update any information you have provided so that the information is complete and accurate at all times; (d) maintain the security of your Coinsky Account by protecting your password from unauthorized access or use; (e) promptly notify Coinsky if you discover or suspect any unauthorized access or use of your Coinsky Account or any security breaches related to your Coinsky Account; and (f) be responsible for all activities that occur under your Coinsky Account, and accept all risks of any authorized or unauthorized access to your Coinsky Account.
3.2. Enhanced Security
Coinsky may offer optional enhanced security features for your Coinsky Account (including, for example, two-factor authentication). Coinsky encourages, but may not require, you to use any such enhanced security features. If you do enable enhanced security features, it is your responsibility to ensure the security of, and your continuous control over, any device or account that may be associated with the enhanced security features.
3.3. Identity Verification
Depending on the functions that you seek to enable on your account and Coinsky’s risk determination, Coinsky may, in its discretion, require identity verification and other screening procedures with respect to you or transactions associated with your Coinsky Account. These verification and screening procedures may include, without limitation, checking the information you provide against the Specially Designated Nationals and Blocked Persons list maintained by the U.S. Office of Foreign Assets Control, the U.S. Department of Commerce Denied Persons list, and any similar list issued by any U.S. governmental authority or any other governmental authority prohibiting or limiting business activities or transactions with any persons. You may be required to provide Coinsky with certain personal information, including, but not limited to, your name, address, telephone number, email address, date of birth, taxpayer identification number, government identification number, photograph of your government-issued ID or other photographic proof of your identity, and information regarding your bank account. You hereby authorize Coinsky, directly or through a third party, to make any inquiries Coinsky considers necessary to verify your identity and/or protect against fraud, including but not limited to: (a) query identity information contained in public reports (e.g., your name, address, past addresses, or date of birth); (b) query account information associated with your linked bank account (e.g., name or account balance); and (c) take action Coinsky reasonably deems 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. Coinsky will have no liability or responsibility for any permanent or temporary inability to access or use any Services, including your inability to withdraw Funds or execute Trades, as a result of any identity verification or other screening procedures.
3.4. Responsibility for Account Activities
You will be bound by, and hereby authorize Coinsky to accept and rely on, any agreements, instructions, orders, authorizations and any other actions made, provided or taken by anyone who has accessed or used your Coinsky Account regardless of whether the access is authorized or unauthorized. Upon receipt of written notice from you that the security of your account has been compromised, Coinsky will take reasonable steps to protect your account, including, for example, to cease to allow actions initiated using any compromised account passwords. But, the first sentence of this section will continue to apply to any other account password, and any substitute password issued to replace the compromised account password.
3.5. Number of Coinsky Accounts
Coinsky may, in its sole discretion, limit the number of Coinsky Accounts that you may hold, maintain, or acquire.
4. RISK DISCLOSURES; ASSUMPTION OF RISKS; RELEASE OF Coinsky
Trading cryptocurrency, cryptographic Funds and other digital rights or assets (“Funds”), and use of other Services provided by Coinsky, involves significant risks and potential for financial losses, including without limitation the following:
- The features, functions, characteristics, operation, use and other properties of any funds (“funds Properties”) and the software, networks, protocols, systems, and other technology (including, if applicable, any blockchain) (“Underlying Technology”) used to administer, create, issue, transfer, cancel, use or transact in any funds may be complex, technical or difficult to understand or evaluate.
- Any funds and its Underlying Technology may be vulnerable to attacks on the security, integrity or operation of the funds or its Underlying Technology (“Attacks”), including Attacks using computing power sufficient to overwhelm the normal operation of a blockchain or other Underlying Technology.
- Any funds, funds Properties or Underlying Technology may change or otherwise cease to operate as expected due to a change made to the Underlying Technology, a change made using features or functions built into the Underlying Technology or a change resulting from an Attack. These changes may include, without limitation, a “fork” or “rollback” of a funds or blockchain.
- Any funds may be cancelled, lost or double spent, or otherwise lose all or most of their value, due to forks, rollbacks, Attacks, changes to funds Properties or failure of the funds to operate as intended.
- Coinsky may suspend or cease to support the transfer, storage or trading of any funds at any time at Coinsky’s discretion. Other exchanges and service providers may do the same.
- Coinsky may not support metacoins, colored coins or other Funds, or their related side chains or other Underlying Technology that are based on a fork, enhancement, or derivative of a different funds or Underlying Technology (“Derivative Protocols”) even if the Derivative Protocol is based on a funds that is supported by Coinsky. Other exchanges or service providers may do the same.
- Coinsky may suspend or reject your transaction requests, suspend or cease support for Funds, or suspend or terminate your access to the Services to comply with applicable laws or regulations or an order from law enforcement or other governmental authority, for other reasons as specified in these Terms or otherwise at Coinsky’s discretion.
- You may be unable to withdraw Funds prior to Coinsky ceasing to support transfer of any such Funds, resulting in the loss of any such Funds remaining in your Coinsky Account.
- Any funds may decrease in value or lose all of its value due to various factors including discovery of wrongful conduct, market manipulation, changes to funds Properties or perceived value of funds Properties, Attacks, suspension or cessation of support for a funds by Coinsky or other exchanges or service providers, and other factors outside the control of Coinsky.
- Any funds may decrease in value or lose all of its value due to legislative or regulatory activity, or other government action. Government regulation of Funds is unsettled and rapidly evolving.
- Any funds may be lost if sent to the wrong address (for example but without limitation, if the address is improperly formatted, contains errors, or is intended to be used for a different type of funds). For more detail about sending Funds to an address intended for a different type of funds, please see FAQ here.
- You may be prevented from sending a transaction request, or your transaction request or email may not be received by Coinsky or the Services, due to hardware, software or services issues (including, without limitation, Internet and other network connectivity issues).
- Your transaction request or email to Coinsky or the Services may be lost, intercepted or altered during transmission.
- Unauthorized third parties may access or use your Coinsky Account and effect transactions without your knowledge or authorization, whether by obtaining the password to your Coinsky Account, obtaining control over another device or account used by you in connection with any enhanced security measures enabled for your account, or by other methods.
The risks described in this Section 4 may result in loss of Funds, decrease in or loss of all value for Funds, inability to access or transfer Funds, inability to trade Funds, inability to receive financial benefits available to other funds holders, and other financial losses to you. You hereby assume, and agree that Coinsky will have no responsibility or liability for, any such risks. You hereby irrevocably waive, release and discharge any and all claims, whether known or unknown to you, against Coinsky, Inc., Coinsky.net, each of their respective Affiliates and their respective shareholders, members, directors, officers, employees, agents and representatives related to any of the risks set forth herein.
You represent and warrant that you have: (a) the necessary technical expertise and ability to review and evaluate the security, integrity and operation of any Funds that you decide to acquire or trade; and (b) the knowledge, experience, understanding, professional advice and information to make your own evaluation of the merits and risks of any funds or trade. You accept the risk of trading Funds by using the Services, and are responsible for conducting your own independent analysis of the risks specific to the Funds and the Services. You should not acquire or trade any Funds unless you have sufficient financial resources and can afford to lose all value of the Funds.
Coinsky’s decision to support the transfer, storage or trading of any particular funds through the Services does not indicate Coinsky’s approval or disapproval of the funds or the integrity, security or operation of the funds or its Underlying Technology. The risks associated with Funds and trading Funds apply notwithstanding Coinsky’s decision to support a particular funds. Coinsky does not provide trading advice, does not have any fiduciary duty to you or any other user and does not make any warranty about the suitability of any funds for trading or ownership by you.
Please refer to the privacy policies of Coinsky, Inc. and Coinsky.net for information about how Coinsky, Inc. and Coinsky.net, respectively, collect, use, and share your information.
6. ACCOUNT FUNDING; TRANSFERS
6.1. Initial Account Funding
In order to engage in a Trade (as defined below) you must first transfer Funds that are supported by the Services or fiat currencies that are supported by the Services to your Coinsky Account. The Services associated with your Coinsky Account include a wallet service provided by Coinsky (“Hosted Wallet”). The Hosted Wallet will permit you to generate one or more addresses to which Funds may be transferred from an account, wallet or address not hosted or controlled by Coinsky or a bank account at a financial institution (“External Account”). Coinsky may require that you verify your control over an External Account or satisfy other verification or screening requirements prior to enabling transfers between the applicable External Account and your Hosted Wallet or your Coinsky Account (any such External Account, an “Approved External Account”).
You may periodically at your discretion transfer from an Approved External Account to your Hosted Wallet any Funds that are supported for transfer and storage using the Services. If you transfer to your Hosted Wallet any Funds that are not supported by the Services, such Funds may be permanently lost. You may periodically at your discretion transfer fiat currencies that are supported by the Services from an Approved External Account to your Coinsky Account for transfer and storage using the Services. You will not be entitled to receive any interest or other fees on any fiat currency held in your Coinsky Account or any Funds held in your Hosted Wallet, even if Coinsky receives interest or other fees from any third parties.
You are required to retain in your Hosted Wallet a sufficient quantity of Funds and in your Coinsky Account a sufficient quantity of fiat currency necessary to satisfy any open orders (and applicable Coinsky fees). In addition, there may be limits on the amounts that you are able to withdraw on a daily or other periodic basis. Otherwise, you may periodically at your discretion withdraw Funds by transferring Funds from your Hosted Wallet to an address not controlled by Coinsky (“External Address”), and you may withdraw fiat currency by transferring fiat currency from your Coinsky Account to an Approved External Account. Coinsky may require you to verify that any External Address to which you seek to transfer Funds is associated with an Approved External Account. You hereby authorize Coinsky to use your Hosted Wallet to send to any External Address specified by you using the Services, the number of Funds specified by you using the Services. Coinsky is not able to reverse any transfers and will not have any responsibility or liability if you have instructed Coinsky to send Funds to an address that is incorrect, improperly formatted, erroneous or intended for a different type of funds. You hereby authorize Coinsky to use your Coinsky Account to send to any Approved External Account specified by you using the Services, the amount of fiat currency specified by you using the Services. Coinsky is not able to reverse any transfers and will not have any responsibility or liability if you have instructed Coinsky to send fiat currency to an External Account that is incorrect, improperly formatted or erroneous.
6.4. Other Terms Applicable to Transfers
You will be responsible for: (a) paying all fees charged by any third party service provider associated with any External Account or External Address as well as for paying any fees charged by Coinsky for any transfers; (b) ensuring that any inbound and outbound transfers are handled in compliance with Coinsky requirements, third party service provider requirements or funds requirements; (c) ensuring that the address to which any Funds are to be transferred is properly formatted and suitable for the type of funds being transferred; and (d) ensuring that there are no errors in any of the transfer instructions you provide using the Services. In the event you fail to comply with any requirements of this Section 6.4, the transferred Funds or fiat currency, as applicable,. may be permanently lost. The timing for completing any transfer will depend on third party actions that are outside the control of Coinsky and Coinsky makes no guarantee regarding the amount of time it may take to complete any transfer. Coinsky may impose limits on the amount of any inbound or outbound transfers, or suspend or terminate the ability to transfer Funds into or out of your Hosted Wallet or fiat currency into or out of your Coinsky Account in order to comply with applicable laws or regulations, an order from law enforcement or other governmental authority, or otherwise at Coinsky’s discretion.
7. EXCHANGE ORDERS AND TRADES
7.1. Orders; Fees
A “Trade” is an exchange of Funds, or an exchange of fiat currency for Funds, in each case for which trading is supported on the Services between you and another user of the Services or the US Platform whereby you dispose of certain Funds or fiat currency and acquire different Funds or fiat currency. An “Order” is created when you enter an instruction to effect a Trade using the Services. When you enter an Order you authorize Coinsky to execute a Trade on a spot basis for all or a portion of the number of Funds or the amount of fiat currency specified in your Order in accordance with such Order. You agree to pay Coinsky any applicable fees for Trades and authorize Coinsky to deduct any such fees from your Hosted Wallet.
7.2. No Broker or Fiduciary Relationship
Coinsky is not your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you in connection with any Trades or other decisions or activities effected by you using the Services. No communication or information provided to you by Coinsky is intended as, or shall be considered or construed as, advice. Please refer to Section 4 for a summary of some of the risks you should consider when choosing whether to use our Services.
7.3. Order Confirmation
Before an Order is placed, the Services will generate and display a confirmation dialogue box summarizing the details of the proposed transaction, including type and amount of Funds you are seeking to dispose of, the type and amount of Funds or fiat currency that you are willing to accept in exchange for the Funds or fiat currency you are seeking to dispose of, Coinsky’s estimated fees if the entire Order were to be executed, and the total number and type of Funds or the amount of fiat currency, as applicable, that will be transferred out of your Hosted Wallet if the entire Order were to be executed. Your Order will be placed upon confirmation of the Order summary via the Services. Notwithstanding the foregoing, you agree that the failure of the Services to provide such Order summary or confirmation shall not prejudice or invalidate any Order submitted by you or any Trade completed based on such Order.
7.4. Order Matching and Trade Execution
Upon placement of an Order, your Coinsky Account will be updated to reflect the open Order and your Order will be included in Coinsky’s order book for matching with Orders from other users of the Services and the US Platform. If all or a portion of your Order is matched with another user, the Services will execute a Trade. Upon execution of a Trade, your Coinsky Account will be updated to reflect that the Order has either been closed due to having been fully executed, or updated to reflect any partial fulfillment of the Order. Orders will remain open until fully executed or cancelled in accordance with Section 7.5 below. For purposes of effectuating a Trade, you authorize Coinsky to take temporary control of the Funds that you are disposing of in the Trade.
You may only cancel an order initiated via the Services if such cancellation occurs before your Order has been matched with an Order from another user. Once your Order has been matched with an Order from another user, you may not change, withdraw, or cancel your authorization for Coinsky to complete such Order. If any order has been partially matched, you may cancel the unmatched portion of the Order unless and until the unmatched portion has been matched. Coinsky reserves the right to refuse any cancellation request associated with a market Order after you have submitted such Order.
7.6. Insufficient Funds or Fiat Currency
If you have an insufficient amount of Funds in your Hosted Wallet or an insufficient amount of fiat currency in your Coinsky Account to fulfill an Order, Coinsky may cancel the entire Order or may fulfill a partial Order that can be covered by the Funds in your Hosted Wallet or by the fiat currency in your Coinsky Account (in each case after deducting any fees payable to Coinsky in connection with the Trade).
8. GENERAL SERVICE TERMS
8.1. Conditions and Restrictions
Coinsky may, at any time and in its sole discretion, refuse any transfer request, Order or other transaction request submitted via the Services, impose limits on the amounts of transfers or Trades that can be completed on a daily or other periodic basis or impose any other conditions or restrictions upon your use of the Services, without prior notice. For example, Coinsky may: (a) limit the number of open Orders that you can establish via the Services; (b) restrict transaction requests from certain locations; or (c) restrict withdrawals or trading if there is a reasonable suspicion of fraud, diminished capacity, inappropriate activity, or if Coinsky receives reasonable notice that your ownership of some or all of the Funds in your Coinsky Account is in dispute.
8.2. Accuracy of Information
You must provide any information required by any screen displayed within the Services. You represent and warrant that all information you provide via the Services is accurate and complete in all respects.
8.3. Support for Funds
Coinsky retains the right, in its sole discretion, to determine whether to support transfer, storage or trading of any funds using the Services, and may discontinue or terminate any support for any funds at any time for any or no reason. Unless otherwise required by law or law enforcement, Coinsky will make reasonable efforts to notify you of its decision to cease to support of a funds. If Coinsky ceases to support transfer or storage of a particular funds using the Services, Coinsky will use commercially reasonable efforts to notify you at least 30 days prior so as to afford you with an opportunity to transfer the affected funds from your Hosted Wallet to an External Address. If you do not transfer the affected funds out of your Hosted Wallet prior to cessation of support for the funds by Coinsky, the funds may be lost due to your inability to access, transfer or otherwise control the funds. Coinsky will not be liable to you for any losses, liability or expenses related to its decision to cease any support for any funds.
8.4. Derivative Protocols
Unless Coinsky notifies you or makes a public statement to the contrary, Coinsky does not support Derivative Protocols and you should not use your Coinsky Account to attempt to transfer, store, trade or engage in any other type of transaction involving a Derivative Protocol. Coinsky will have no responsibility or liability whatsoever in respect to any Derivative Protocol.
8.5. Compliance with Law; Taxes
You are responsible for complying with all applicable laws related to your trading activities and other use of the Services, including without limitation any reporting obligations and payment of all applicable taxes. You will determine what, if any, taxes apply to the Trades and any other transactions you complete via the Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. Coinsky is not responsible for determining whether taxes apply to your Trades or for collecting, reporting, withholding, or remitting any taxes arising from any Trades.
8.6. AML/KYC Compliance
Coinsky, Inc. is a registered Money Services Business in the United States. Both Coinsky Inc. and Coinsky.net maintain internal anti-money laundering and know your customer compliance programs (“AML/KYC Program”). Each of these AML/KYC Programs is a risk-based program founded on requirements of the Bank Secrecy Act, other anti-money laundering laws and implementing regulations, and guidance promulgated by the Financial Crimes Enforcement Network. Each of these AML/KYC Program may be updated from time-to-time, including the procedures that Coinsky uses to verify its customers’ identities.
8.7. Error Correction Attempts
Coinsky may, at its option and discretion, attempt to correct, reverse or cancel any Order, Trade or transfer with respect to which Coinsky has discovered that there was an error, whether such error was by you, Coinsky or a third party. You hereby authorize Coinsky to attempt any such correction, reversal or cancellation described in the preceding sentence. Coinsky provides no guarantee or warranty that any such attempt will be successful and will have no responsibility or liability for the error or any correction attempt.
8.8. Unclaimed Property
If your Coinsky Account has been inactive and you have not responded to reasonable attempts by Coinsky to contact you for a period of several years (as defined by the relevant statutes), Coinsky may have an obligation to report any Funds in your Hosted Wallet or any fiat currency in your Coinsky Account to the applicable governmental entity as unclaimed property. If this happens, Coinsky will attempt to contact you using the contact information provided by you. If you do not respond, Coinsky may be obligated to turn over any Funds in your Hosted Wallet or any fiat currency in your Coinsky Account to the applicable governmental entity after deducting any fees payable to Coinsky.
8.9. Property Disputes
If Coinsky receives notice that any Funds held in your Hosted Wallet are alleged to have been stolen or otherwise are not lawfully possessed by you, Coinsky may, but has no obligation to, place an administrative hold on the affected Funds or your Hosted Wallet. If Coinsky does place an administrative hold on some or all of your Funds, Coinsky may continue such hold until such time as the dispute has been resolved and evidence of the resolution acceptable to Coinsky has been provided to Coinsky in a form acceptable to Coinsky. Coinsky will not involve itself in any such dispute or the resolution of the dispute. You agree that Coinsky will have no liability or responsibility for any such hold, or for your inability to withdraw Funds or execute Trades during the period of any such hold.
8.10. funds Promotions
You are responsible for doing all things and taking all actions necessary to enable or receive financial or other benefits made available to funds holders. For example, and without limitation, if new or additional Funds are provided (whether by “airdrop” or other means) to holders of a funds, it would be your responsibility to claim the Funds and to designate the wallet address for such Funds to be delivered. Coinsky has no responsibility to enable, facilitate or help with claiming or receiving any such Funds or other benefits. For more information, please see our FAQ posted here.
8.11. Unacceptable Use or Conduct
You will not:
- violate any law, regulation, contract, intellectual property or other third-party right, or commit a tort while using the Services;
- use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner;
- engage in any type of market manipulation. Market manipulation activities include, but are not limited to, pump and dump schemes, wash trading, self-trading, front running, quote stuffing, and spoofing and layering, regardless of whether it is prohibited by law;
- use the Services to pay for, support, or otherwise engage in any illegal gambling activities, fraud, money-laundering, or terrorist activities, or other illegal activities;
- use any robot, spider, crawler, scraper, or other automated means or interface not provided by Coinsky to access the Services or to extract data;
- use or attempt to use another user’s account without authorization;
- attempt to circumvent any content filtering techniques Coinsky employs, or attempt to access any service or area of the Services that you are not authorized to access, or attempt to access the Services from any location or jurisdiction in which you are prohibited from accessing the Services;
- introduce to the Services any malware, virus, trojan worms, logic bombs, or other harmful material;
- develop any third-party applications that interact with our Services without our prior written consent, or unless otherwise agreed;
- provide false, inaccurate, or misleading information;
- post content or communications that are, in our sole discretion, libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable;
- post content containing unsolicited promotions, political campaigning, or commercial messages (SPAM) or any chain messages or user content designed to deceive or trick the user of the Service;
- post content containing private information of any third-party including, but not limited to, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- promote, offer, use or otherwise exploit the Services or use or otherwise exploit any data related thereto in connection with the formation, operation or offering of any index fund or similar product or any data package or similar product or any other derivative product utilizing the Site or the Services; or
- encourage or induce any third party to engage in any of the activities prohibited under this Section.
You agree to authorize Coinsky to remove Funds from your Hosted Wallet for any applicable fees owed by you under these Terms.
10. CHANGES; SUSPENSION; TERMINATION
10.1. Changes to Services
Coinsky may, at its discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, all or any portion of any Services.
10.2. Suspension or Termination of Services
Coinsky may, at its discretion and without liability to you, with or without prior notice and at any time, temporarily suspend or permanently terminate your access to all or a portion of any Services.
10.3. No Liability
Coinsky will not be liable for any losses suffered by you resulting from any modification of any Services or from any suspension or termination of your access to all or a portion of any Services (whether pursuant to this Section 10 or for any other reason). If and when Services resume, you acknowledge that funds valuations and exchange rates may differ significantly from the valuations and rates prior to such event.
10.4. Effect of Termination
In the event of discontinuation of all Services or other termination of your right to access all Services: (a) all amounts payable by you to Coinsky will immediately become due; (b) Coinsky may delete or deactivate your Coinsky Account and all related information and files in such account without liability to you; and (c) Coinsky may cancel any open Orders or other transaction requests that are pending at the time of discontinuation or termination. In the event of discontinuation or termination of all Services or discontinuation or termination of transfer or storage Services for all or some Funds, Coinsky will use commercially reasonable efforts, unless prohibited in order to comply with applicable laws or regulations or by order of law enforcement or other governmental authority, to provide you with a period of 90 days to remove the affected Funds from your Hosted Wallet and any fiat currency from your Coinsky Account.
The terms of Sections 2.3, 3.3, 4, 5, 6 and 8 through 20 will survive any termination of your access to the Services.
11. ELECTRONIC NOTICES
11.1. Consent to Electronic Delivery
You consent to receive electronically all communications, agreements, documents, receipts, notices, and disclosures (collectively, “Communications”) that Coinsky provides in connection with this Agreement, your Coinsky Account or any Services. You agree that Coinsky may provide these Communications to you by posting them via the Services, by emailing them to you at the email address you provide, sending them using an app or other messaging service to your account on the app or messaging service, and/or by sending an SMS or text message to a mobile phone number that you provide. Your carrier's normal, messaging, data, and other rates and fees may apply to any mobile Communications. You should maintain copies of electronic Communications by printing a paper copy or saving an electronic copy. You may also contact Coinsky’s Support Team to request additional electronic copies of Communications or, for a fee, paper copies of Communications (as described below) by filing a support request at https://Coinsky.com/help.
11.2. Hardware and Software Requirements
In order to access and retain electronic Communications, you will need a computer with an Internet connection that has a current web browser with cookies enabled and 128-bit encryption. You will also need to have a valid email address on file with Coinsky and have sufficient storage space to save past Communications or an installed printer to print them.
11.3. Withdrawal of Consent
You may withdraw your consent to receive electronic Communications by sending a withdrawal notice to our Support Team by filing a support request at https://Coinsky.com/help. If you decline or withdraw consent to receive electronic Communications, Coinsky may suspend or terminate your use of the Services.
11.4. Requesting Paper Copies
If, after you consent to receive Communications electronically, you would like a paper copy of a Communication that Coinsky previously sent you, you may request a copy within 30 days after the date Coinsky provided the Communication to you by contacting Coinsky at https://Coinsky.com/help. In order for Coinsky to send paper copies to you, you must have a current street address on file with Coinsky. Please note that our Services operate exclusively online and it is very burdensome for Coinsky to produce paper copies of Communications. Therefore, if you request paper copies, you agree that Coinsky may charge you a processing fee, in the amount described in the Fee Schedule at Coinsky.com/fees for each page of Communication requested.
11.5. Updating Contact Information
It is your responsibility to keep your email address and/or mobile phone number on file with Coinsky up to date so that Coinsky can communicate with you electronically. If Coinsky sends you an electronic Communication but you do not receive it because your email address or mobile phone number on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, Coinsky will be deemed to have provided the Communication to you. Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add Coinsky to your email address book so that you will be able to receive the Communications Coinsky sends to you. You can update your email address, mobile phone number, or street address at any time by filing a support request at https://Coinsky.com/help. If your email address or mobile phone number becomes invalid such that electronic Communications sent to you by Coinsky are returned, Coinsky may deem your account to be inactive, and you may not be able to complete any transaction via our Services until Coinsky receives a valid, working email address or mobile phone number from you.
12. PROPRIETARY RIGHTS
12.1. Ownership of Services
The Services, Site and all technology, content, data and other materials used, displayed or provided or received by you in connection with the Services or Site (“Coinsky Materials”) together with all intellectual property rights in any of the foregoing are, as between you and Coinsky, owned by Coinsky.
You may use the Coinsky Materials solely as authorized by Coinsky in connection with your use of the Services for as long as Coinsky permits you to continue to access the Services. Without limiting the foregoing: you will not (a) resell, lease, lend, share, distribute or otherwise permit any third party to use the Site, Services or Coinsky Materials or use the Site, Services or Coinsky Materials in any service bureau environment; (b) modify or create derivative works of the Site, Services or Coinsky Materials, or any portion thereof or any data or information received by you in connection therewith; (c) frame, display or incorporate the Site, Services or Coinsky Materials in any website or any other work of authorship; (d) decompile, disassemble, reverse engineer or attempt to discover the source code of the Site, Services or Coinsky Materials; (e) use the Site, Services or Coinsky Materials to design, develop or create any competing product or service; or (f) otherwise use the Site, Services or Coinsky Materials for any commercial or noncommercial purpose other than their intended purposes determined at Coinsky’s discretion. "Coinsky”, any product or service names, logos, and other marks used on the Site or Coinsky Materials, or otherwise in connection with the Services, are trademarks owned by Coinsky, Inc. or its licensors. You may not copy, imitate or use them without Coinsky's prior written consent.
Coinsky will own any feedback, suggestions, ideas, or other information or materials regarding Coinsky or the Services that you provide, whether by email, posting through the Services or otherwise (“Feedback”). You hereby assign to Coinsky, Inc. all right, title and interest to Feedback together with all associated intellectual property rights. You will not be entitled to, and hereby waive any claim for, acknowledgment or compensation based on any Feedback or any modifications made based on any Feedback.
12.4. User Content
You hereby grant to Coinsky a royalty-free, fully paid-up, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, copy, modify, create derivative works of, display, perform, publish and distribute, in any form, medium or manner, any text, information, data, materials, images, or other content you provide to Coinsky using the Services or submit or post to the Site and that is not Feedback owned by Coinsky (the “User Content”). You represent and warrant that: (a) you own the User Content or have the right to grant the rights and licenses in these Terms, and (b) the User Content and use by Coinsky of the User Content as licensed herein does not and will not violate, misappropriate or infringe on the rights of any third party. Coinsky may remove any User Content from the Site for any reason at Coinsky’s discretion.
13. THIRD-PARTY CONTENT
In using the Services, you may view content provided by third parties (“Third-Party Content”). Coinsky does not control, endorse, or adopt any Third-Party Content and shall have no responsibility for Third‑Party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable. In addition, your business dealings or correspondence with such third parties are solely between you and the third parties. Coinsky is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your use of Third-Party Content, and your interactions with third parties, is at your own risk.
14. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SITE, THE SERVICES, THE Coinsky MATERIALS AND ANY PRODUCTS, SERVICES OR OTHER ITEMS PROVIDED BY OR ON BEHALF OF Coinsky ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND Coinsky EXPRESSLY DISCLAIMS, AND YOU WAIVE, ANY AND ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE. WITHOUT LIMITING THE FOREGOING, Coinsky DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SERVICES OR Coinsky MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE THAT YOUR USER DATA MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, VIRUSES OR OTHER HARMFUL MATERIALS, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE EVENT OR OTHER DISASTERS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE OUR CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES.
THE DISCLAIMER OF IMPLIED WARRANTIES CONTAINED HEREIN MAY NOT APPLY IF AND TO THE EXTENT IT IS PROHIBITED BY APPLICABLE LAW OF THE JURISDICTION IN WHICH YOU RESIDE.
You will defend, indemnify, and hold harmless Coinsky Inc., Coinsky.net, each of their respective Affiliates, and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers and contractors (collectively, “Indemnified Parties”) from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to (a) your use of, or conduct in connection with, the Services; (b) any Feedback or User Content you provide; (c) your violation of these Terms; or (d) your violation of any applicable law or the rights of any other person or entity. If you are obligated to indemnify any Indemnified Party, Coinsky (or, at Coinsky’s discretion, the applicable Indemnified Party) will have the right, in its sole discretion, to control any action or proceeding and to determine whether Coinsky wishes to settle, and if so, on what terms.
16. DISCLAIMER OF DAMAGES
IN NO EVENT WILL Coinsky, INC., Coinsky.net, EACH OF THEIR RESPECTIVE AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INFORMATION, REVENUE, PROFITS OR OTHER BUSINESS OR FINANCIAL BENEFIT) ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICES, THE Coinsky MATERIALS, ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF Coinsky, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY (INCLUDING, FOR AVOIDANCE OF DOUBT, ANY NEGLIGENCE OF Coinsky), EVEN IF Coinsky HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
17. LIMITATION OF LIABILITY
IN NO EVENT WILL THE LIABILITY OF Coinsky, INC., Coinsky.net, EACH OF THEIR RESPECTIVE AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS ARISING OUT OF OR IN CONNECTION WITH SITE, THE SERVICES, THE Coinsky MATERIALS, ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF Coinsky, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY (INCLUDING, FOR AVOIDANCE OF DOUBT, ANY NEGLIGENCE OF Coinsky) EXCEED THE AMOUNT OF THE FEES PAID BY YOU TO Coinsky UNDER THIS AGREEMENT IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
18. DISPUTE RESOLUTION; ARBITRATION; WAIVER OF CLASS ACTION
With the exception only of disputes related to the enforcement or validity of Coinsky’s intellectual property rights, all disputes, controversies or claims arising out of or relating to these Terms or the Services, will be resolved through confidential binding arbitration. For all maters other than matters directly relating to Funds that are VFAs and that are made available for trading by Coinsky.net, such confidential binding arbitration shall be held in Seattle, Washington (“US Arbitration”) in accordance with the Streamlined Arbitration Rules and Procedures ("Rules") of the Judicial Arbitration and Mediation Services ("JAMS"), which are available on the JAMS website and hereby incorporated by reference. You acknowledge and agree that you have read and understand the rules of JAMS or waived your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
You agree that by using the Services you are engaging in sophisticated transactions. You further agree that (i) you have the necessary knowledge and experience as to be capable of evaluating the merits, risks and suitability of your use of the Services, (ii) you are able to bear the risk of your use of the Services, and (iii) you have a full understanding of all of the terms, conditions and risks of your use of the Services and you are willingly assuming those terms, conditions and risks. You further agree that using the Coinsky services is not an ordinary or essential consumer transaction or service. Each of you and Coinsky disclaims the applicability of any and all JAMS Consumer Rules, including but not limited to, the JAMS Consumer Minimum Standards of Procedural Fairness. By agreeing to these Terms of Service you are agreeing that (1) any rules, laws, or regulations governing “consumer” arbitrations are inapplicable, (2) arbitration of any dispute arising out of or relating to your use of the Services will be in Seattle, Washington or.net, as applicable, and (3) you specifically waive any right to arbitrate in any other location, including your hometown.
With respect to any Funds that are VFAs and that are made available for trading by Coinsky.net, such confidential binding arbitration shall be held in.net in the English language in accordance with Part IV (Domestic Arbitration) of the.net Arbitration Act, 1996 and the Arbitration Rules of the.net Arbitration Centre (“MAC”) as at present in force, which are available on the MAC website and hereby incorporated by reference. You acknowledge and agree that you have read and understand the rules of MAC or waived your opportunity to read the rules of MAC and any claim that the rules of MAC are unfair or should not apply for any reason.
You agree that any dispute arising out of or related to these Terms or the Services is personal to you and Coinsky and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You agree that with respect to any Funds that are made available for trading by Coinsky Inc. these Terms involve matters affecting interstate commerce and that the enforceability of this Section 18 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by these Terms and the FAA and the JAMS Rules, or the.net Arbitration Act and the MAC rules, as applicable, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. The award shall be final and binding and there shall be no appeal. You agree that for any arbitration, the party filing the claim will pay the filing fee and the parties will split the remaining fees and costs of JAMS or MAC, as applicable. Judgment upon any arbitration award may be entered and enforced in any court of competent jurisdiction. Otherwise, you and Coinsky agree that the state or federal courts in King County, Washington have exclusive jurisdiction over any appeals and the enforcement of an arbitration award rendered in the United States and the courts of.net shall have exclusive jurisdiction the enforcement of an arbitration award rendered in.net.
WITH RESPECT TO DISPUTES SUBJECT TO ARBITRATION PURSUANT TO THIS SECTION 18, BOTH YOU AND Coinsky ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) THOSE DISPUTES IN COURT BEFORE A JUDGE OR JURY.
19. GOVERNING LAW
With respect to any Funds that are made available for trading by Coinsky Inc., the interpretation and enforcement of these Terms, and any dispute related to these Terms or the Services, will be governed by and construed and enforced in accordance with the laws of the State of Washington, without regard to conflict of law rules or principles (whether of Washington or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. With respect to any Funds that are VFAs and that are made available for trading by Coinsky.net, the interpretation and enforcement of these Terms with respect thereto, and any dispute related to these Terms or the Services with respect thereto, will be governed by and construed and enforced in accordance with the laws of the Republic of.net, without regard to conflict of law rules or principles (whether of.net or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. You agree that Coinsky may initiate a proceeding related to the enforcement or validity of Coinsky’s intellectual property rights in any court having jurisdiction. With respect to any other proceeding that is not subject to arbitration under these Terms, the federal and state courts located in King County, Washington will have exclusive jurisdiction. You waive any objection to venue in any such courts.
20. OTHER TERMS
If you violate any of these Terms, Coinsky may, as it determines reasonably necessary to remedy or mitigate your violation, delete all or part of such information transmitted by you, suspend or cancel your account, or confiscate Funds owned by you without any prior notice to you. Coinsky shall in no event be responsible or liable for any damage incurred by the user as a result of an action taken by Coinsky pursuant to this paragraph. Any right or remedy of Coinsky set forth in these Terms is in addition to, and not in lieu of, any other right or remedy whether described in these Terms, under statute, at law or in equity.
20.3. Coinsky Affiliates and Contractors
An “Affiliate” is, with respect to a legal entity, another legal entity that controls, is under common control with, or is controlled by the first legal entity. The Site and any Services may be operated or provided by Coinsky, its Affiliates or their respective contractors. To the extent that an Affiliate of Coinsky, or contractor of Coinsky or an Affiliate of Coinsky, is operating or providing any Services, the Affiliate or contractor’s provision of such Services will be under terms identical to these Terms substituting the Affiliate or contractor’s name wherever Coinsky’s name occurs in these Terms.
Coinsky’s failure or delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof.
The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.
20.6. Force Majeure
Coinsky will have no responsibility or liability for any failure or delay in performance of any Services, or any loss or damage that you may incur, due to any circumstance or event beyond the control of Coinsky, including without limitation any flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction.
You may not assign or transfer any right to use the Services or any of your rights or obligations under these Terms without prior written consent from us, including by operation of law or in connection with any change of control. Coinsky may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.
Headings of sections are for convenience only and shall not be used to limit or construe such sections.
20.9. Entire Agreement; Order of Precedence
These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding the Services. In the event of any conflict between these Terms and any other agreement you may have with Coinsky, these Terms will control unless the other agreement specifically identifies these Terms and declares that the other agreement supersedes these Terms.