CREST USER AGREEMENT

Welcome to KRYPTOCREST! This is a User Agreement between you (also referred to herein as “Client,” “User,” or customer) and Kryptocrest.com (“Kryptocrest“). This User Agreement (“Agreement“) governs your use of the services provided by Kryptocrest.com described below (“Kryptocrest.com Services” or “Services“). By signing up to use an account through Kryptocrest.com, APIs, or the Kryptocrest mobile application (collectively the “Kryptocrest Site“), you agree that you have read, understand, and accept all of the terms and conditions contained in this Agreement including Section 8.2. “Arbitration; Waiver of Class Action”, as well as our privacy policy, cookie policy, and E-Sign Consent Policy.

As with any asset, the value of Digital Currencies can go up or down and there can be a substantial risk that you lose money buying, selling, holding, or investing in digital currencies. You should carefully consider whether trading or holding Digital Currencies is suitable for you in light of your financial condition. 

PART 1: GENERAL USE

1. Account Setup

1.1. Eligibility. To be eligible to use the Kryptocrest Services, you must be at least 18 years old.

1.2. Terms. We may amend or modify this Agreement at any time by posting the revised agreement on the Kryptocrest Site and/or providing a copy to you (a “Revised Agreement”). The Revised Agreement shall be effective as of the time it is posted but will not apply retroactively. Your continued use of the Services after the posting of a Revised Agreement constitutes your acceptance of such Revised Agreement. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services and close your account.

1.3. Registration of Kryptocrest.com Account. You must register for a Kryptocrest.comaccount to use the Coinbayuk Services (a “Kryptocrest.com Account“). By using a Kryptocrest.com Account you agree and represent that you will use Kryptocrest.com only for yourself, and not on behalf of any third party, unless you have obtained prior approval fromKryptocrest.com . You are fully responsible for all activity that occurs under your Kryptocrest.com Account. We may, in our sole discretion, refuse to open a Kryptocrest.com Account, or limit the number of Kryptocrest.com Accounts that you may hold or suspend or terminate any Kryptocrest.com Account or the trading of specific Digital Currency in your account.

1.4. Identity Verification. During registration for your Kryptocrest.com Account, you agree to provide us with the information we request for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crimes and permit us to keep a record of such information. You will need to complete certain verification procedures before you are permitted to use the Kryptocrest.com Services. Your access to one or more Kryptocrest.com Services and the limits that apply to your use of the Kryptocrest.com Services, may be altered as a result of information collected about you on an ongoing basis. The information we request may include certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, a government identification, and information regarding your bank account (such as the name of the bank, the account type, routing number, and account number) and in some cases (where permitted by law), special categories of personal data, such as your biometric information. In providing us with this or any other information that may be required, you confirm that the information is accurate and authentic. You agree to keep us updated if any of the information you provide changes. You authorize us to make inquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these inquiries, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our inquiries in full. This is an identity check only and should have no adverse effect on your credit rating. Further, you authorize your wireless operator (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to use your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status details, if available, solely to allow verification of your identity and to compare information you have provided to Coinbayuk with your wireless operator account profile information for the duration of the business relationship. See our Privacy Policy for how we treat your data.

1.5. Access. To access the Kryptocrest.com Services, you must have the necessary equipment (such as a smartphone or laptop) and the associated telecommunication service subscriptions to access the Internet. The Kryptocrest.com  Services can be accessed directly using the Kryptocrest.com Site. Access to Kryptocrest.com Services may become degraded or unavailable during times of significant volatility or volume. This could result in the inability to buy or sell for periods of time and may also lead to support response time delays. Although we strive to provide you with excellent service, we do not represent that the Kryptocrest.com Site or other Kryptocrest.com Services will be available without interruption and we do not guarantee that any order will be executed, accepted, recorded, or remain open. Kryptocrest.com shall not be liable for any losses resulting from or arising out of transaction delays.

2. Wallet and Custodial Services

2.1. Wallet Services. As part of your Kryptocrest.com Account, Kryptocrest will provide qualifying and registered users access to: (a) a hosted Digital Account Dashboard for holding Digital Currencies (“Account Dashboard”).

2.2. Hosted Account Dashboard. Your Account Dashboard allows you to store, track, transfer, and manage your balances of Digital Currency. As used throughout, “Digital Currency” means only those particular digital currencies listed as available to trade or custody in your Kryptocrest.com Account (also referred to as . Services and supported assets may vary by jurisdiction. We securely store Accounts privately, in a combination of online and offline storage. As a result of our security protocols, it may be necessary for us to retrieve private keys or related information from offline storage in order to facilitate a Digital Currency Transfers in accordance with your instructions, and you acknowledge that this may delay the initiation or crediting of such Digital Currency Transfers. You may elect to use other services, such as the Kryptocrest Vault, which allow you to set withdrawal time-delays and create other conditions around the custody and transfer of your Digital Currency. Additional rules associated with such product(s) and service(s) may apply.

2.3. Supported Digital Currencies. Your Kryptocrest.com Account is intended solely for proper use of Supported Digital Currencies as designated on the Site. Under no circumstances should you attempt to use your Account Dashboard to store, send, request, or receive digital currencies we do not support. Kryptocrest.com assumes no responsibility in connection with any attempt to use your Account Dashboard with digital currencies that we do not support. If you have any questions about which Digital Currencies we currently support, please chat our support.

2.4. Supplemental Protocols Excluded. Unless specifically announced on the Kryptocrest Site or other official public statement of Kryptocrest.com, Supported Digital Currencies excludes all other protocols and/or functionality which supplement or interact with the Supported Digital Currency. This exclusion includes but is not limited to: metacoins, colored coins, side chains, or other derivative, enhanced, or forked protocols, tokens, or coins or other functionality, such as staking, protocol governance, and/or any smart contract functionality, which may supplement or interact with a Digital Currency we support. Do not attempt to receive, request, send, store, or engage in any other type of transaction or functionality involving any such protocol as Kryptocrest is not configured to detect, secure, or process these transactions and functionality. Any attempted transactions in such items will result in loss of the item. You acknowledge and agree that supplemental protocols are excluded from Supported Digital Currency and that Kryptocrest has no liability for any losses related to supplemental protocols.

2.5. Digital Currency Custody and Title. All Digital Currencies held in your Account Dashboard are custodial assets for your benefit, as described in further detail below.

2.6 Ownership. Title to Digital Currency shall at all times remain with you and shall not transfer to Kryptocrest. As the owner of Digital Currency in your Account Dashboard, you shall bear all risk of loss of such Digital Currency. Kryptocrest shall have no liability for Digital Currency fluctuations. None of the Digital Currencies in your Account Dashboard are the property of, or shall or may be loaned to, Kryptocrest; Kryptocrest does not represent or treat assets in User’s Account Dashboard as belonging to Kryptocrest. Kryptocrest may not grant a security interest in the Digital Currency held in your Account Dashboard. Kryptocrest will not sell, transfer, loan, hypothecate, or otherwise alienate Digital Currency in your Account Dashboard.

2.6.1 Control. You control the Digital Currencies held in your Account Dashboard. At any time, subject to outages, downtime, and other applicable policies, you may withdraw your Digital Currency by sending it to a different blockchain address. As long as you continue to invest your Digital Currencies with Kryptocrest, Kryptocrest shall retain control over Account Dashboard associated with blockchain addresses operated by Kryptocrest.

2.6.2 Acknowledgement of Risk. You acknowledge that Digital Currency is not subject to protections or insurance provided by the Federal Deposit Insurance Corporation or the Securities Investor Protection Corporation.

2.6.3 Digital Currencies Not Segregated. In order to more securely custody assets, Kryptocrest may use shared blockchain addresses, controlled by Kryptocrest , to hold Digital Currencies held on behalf of customers and/or held on behalf of Kryptocrest. Although we maintain separate ledgers for Client and Kryptocrest accounts, Kryptocrest shall have no obligation to segregate by blockchain address Digital Currencies owned by you from Digital Currencies owned by other customers or by Kryptocrest.

2.7. USD Wallet. Your USD Wallet allows you to hold and transfer USD with your Kryptocrest Account as described below. In general, we will combine the balance of your USD Wallet with other customers’ balances and either hold those funds in a custodial account at a U.S. FDIC-insured bank or invest those funds in liquid investments, such as U.S. treasuries, in accordance with state money transmitter laws. Kryptocrest owns the interest or other earnings on these investments. Pooled customer funds are held apart from Kryptocrest corporate funds and Kryptocrest will neither use these funds for its operating expenses or any other corporate purposes.

3. Payment Services, Purchase & Sale Transactions, Credit Transactions

3.2. Transactions on the Kryptocrest Site. When you Invest (deposit) or withdraw Digital Currency on the Kryptocrest Site, you are not lending Digital Currency to Kryptocrest or borrowing Digital Currency from Kryptocrest. Kryptocrest acts as the agent, transacting on your behalf, to facilitate profit income through her Artificial Intelligence mining platform for you and other Kryptocrest customers.

3.3. Fees. In general, Kryptocrest makes money when you deposit or withdraw digital currency on our Site. By using Kryptocrest Services you agree to pay all applicable fees. Kryptocrest reserves the right to adjust its pricing and fees and any applicable waivers at any time. We will always notify you of the pricing and fees which apply to your transaction when you authorize the transaction and in each receipt we issue to you. We may charge network fees (miner fees) to process a Digital Currency Transaction on your behalf. We will calculate the network fee in our discretion, although we will always notify you of the network fee at or before the time you authorize the Digital Currency Transaction deposit. Bank fees charged to Kryptocrest are netted out of transfers to or from Kryptocrest. You are responsible for paying any additional fees charged by your financial service provider. We will not process a transfer if associated bank fees exceed the value of the transfer.

3.5. Credit Transaction Payments. You may use the “Make A Payment” option on the Kryptocrest Site from time to time to authorize payments for any credit transaction with us or any of our affiliates, including any amount owing pursuant to any credit agreement you may enter into with us or any of our affiliates, from time to time. With this option, you can authorize us or our affiliates to make a one-time charge to your linked deposit account through the ACH network (your “Preferred Payment Method”).

3.6. Revocation. When you give us instructions to Invest Digital Currency, you cannot withdraw your consent to that Investment unless the investment is not scheduled to occur until a future date e.g. you set up a recurring Investment of Digital Currency (a “Future Transaction”). In the case of a Future Transaction, you may withdraw your consent up until the end of the business day before the date that the Future Transaction is scheduled to take place. To withdraw your consent to a Future Transaction, follow the instructions on the Kryptocrest Site.

3.7. Unauthorized and Incorrect Transactions. When a Digital Currency transaction occurs using your credentials, we will assume that you authorized such transaction, unless you notify us otherwise. If you believe you did not authorize a particular transaction or that a transaction was incorrectly carried out, you must contact us as soon as possible either by email at support@kryptocrest.com It is important that you regularly check your Dashboard Wallet account balances and your transaction history regularly to ensure you notify us as soon as possible of any unauthorized or incorrect transactions to. We are not responsible for any claim for unauthorized or incorrect transactions unless you have notified us in accordance with this section.

3.8. Account Information. You will be able to see your Kryptocrest Dashboard account balances using the Kryptocrest Site. You can also see your transaction history using the Kryptocrest Site, including (i) the amount (and currency) of each Digital Currency Transaction, (ii) a reference to the identify of the payer and/or payee (as appropriate), (iii) any fees charged (excluding any spread, or margin, over the prevailing market rate on Kryptocrest’s trading platform), (iv) if applicable, the rate of exchange, and the amount (in the new currency) after exchange (where you are the payer) or the amount (in the original currency) before the exchange (where you are the payee), and (v) the date of each Digital Currency Transaction.

3.9. Consent to access, processing and storage of your personal data. You consent to us accessing, processing and retaining any personal information you provide to us for the purpose of us providing Kryptocrest Services to you. This consent is not related to, and does not affect, any rights or obligations we or you have in accordance with data protection laws, privacy laws and regulations. You can withdraw your consent at any time by closing your account with us.

3.10. Reversals & Cancellations. You cannot cancel, reverse, or change any transaction marked as complete or pending. If your payment is not successful, if your payment method has insufficient funds, , you authorize Kryptocrest, in its sole discretion, either to cancel the transaction or to debit your other payment methods, including your USD Wallet or Digital Currency Wallet balances or other linked accounts, in any amount necessary to complete the transaction. You are responsible for maintaining an adequate balance and/or sufficient credit limits in order to avoid overdraft, non-sufficient funds (NSF), or similar fees charged by your payment provider. We reserve the right to refuse to process, or to cancel or reverse, any Digital Currency Transaction or Transfers in our sole discretion, even after funds have been debited from your account(s), if we suspect the transaction involves (or has a high risk of involvement in) money laundering, terrorist financing, fraud, or any other type of financial crime; in response to a subpoena, court order, or other government order; if we reasonably suspect that the transaction is erroneous; or if Kryptocrest suspects the transaction relates to Prohibited Use or a Prohibited Business as set forth below. In such instances, Kryptocrest will reverse the transaction and we are under no obligation to allow you to reinstate a purchase or sale order at the same price or on the same terms as the cancelled transaction.

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4. Digital Currency Transfers

4.3. Pending Transactions. Once a Digital Currency Transfer is submitted to a Digital Currency network, the transaction will be unconfirmed and remain in a pending state for a period of time sufficient to confirmation of the transaction by the Digital Currency network. A Digital Currency Transfer is not complete while it is in a pending state. Pending Digital Currency Transfers that are initiated from a Kryptocrest Account will reflect a pending transaction status and are not available to you for use on the Kryptocrest platform or otherwise while the transaction is pending.

4.4. Inbound Digital Currency Transfers. When you or a third party sends Digital Currency to a Kryptocrest.com wallet from an external wallet  (“Inbound Transfers”), the person initiating the transaction is solely responsible for executing the transaction properly, which may include, among other things, payment of sufficient network or miner’s fees in order for the transaction to be successful. Insufficient network fees may cause an Inbound Transfer to remain in a pending state outside of Kryptocrest’s control and we are not responsible for delays or loss incurred as a result of an error in the initiation of the transaction and have no obligation to assist in the remediation of such transactions. By initiating an Inbound Transfer, you attest that you are transacting in a Supported Digital Currency which conforms to the particular Kryptocrest wallet into which funds are directed. For example, if you select an Ethereum wallet address to receive funds, you attest that you are initiating an Inbound Transfer of Ethereum alone, and not any other currency such as Bitcoin or Ethereum Classic. Kryptocrest incurs no obligation whatsoever with regard to unsupported digital currency sent to a Kryptocrest Account or Supported Digital Currency sent to an incompatible Digital Currency wallet. Erroneously transmitted funds will be lost. We recommend customers send a small amount of Supported Digital Currency as a test prior to initiating a send of a significant amount of Supported Digital Currency. Kryptocrest may from time to time determine types of Digital Currency that will be supported or cease to be supported.

4.5. Outbound Digital Currency Transfers. When you withdraw Digital Currency from your Kryptocrest Account to an external wallet (“Outbound Transfers”), such transfers are executed at your instruction by Kryptocrest. You should verify all transaction information prior to submitting instructions to us. Kryptocrest shall bear no liability or responsibility in the event you enter an incorrect blockchain destination address. We do not guarantee the identity or value received by a recipient of an Outbound Transfer. Digital Currency Transfers cannot be reversed once they have been broadcast to the relevant Digital Currency network, although they may be in a pending state, and designated accordingly, while the transaction is processed by network operators. Kryptocrest does not control the Digital Currency network and makes no guarantees that a Digital Currency Transfer will be confirmed by the network. We may refuse to process or cancel any pending Outbound Digital Currency Transfers as required by law or any court or other authority to which Kryptocrest is subject in any jurisdiction. Additionally, we may require you to wait some amount of time after completion of a transaction before permitting you to use further Kryptocrest Services and/or before permitting you to engage in transactions beyond certain volume limits.

4.6. Transfers to a Recipient Email Address. Kryptocrest allows you to initiate a Digital Currency Transfer to a Kryptocrest customer by designating that customer’s email address. If you initiate a Digital Currency Transfer to an email address, and the recipient does not have an existing Kryptocrest Account, we will invite the recipient to open a Kryptocrest Account. If the recipient does not open a Kryptocrest Account within 30 days, we will return the relevant Digital Currency to your Digital Currency Wallet.

4.8. Third Party Merchants. We have no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any goods or services that you may purchase from a third party. We are not responsible for ensuring that a third party buyer or a seller you transact with will complete the transaction or is authorised to do so.

4.9. Debts. In the event that there are outstanding amounts owed to us hereunder, including in your Kryptocrest Account, Kryptocrest reserves the right to debit your Kryptocrest Account accordingly and/or to withhold amounts from funds you may transfer from your accounts.

5. Data Protection and Security

5.1. Personal Data. You acknowledge that we may process personal data in relation to you (if you are an individual), and personal data that you have provided or in the future provide to us in relation to your employees and other associated or other individuals, in connection with this Agreement, or the Kryptocrest Services. Accordingly, you represent and warrant that: (i) your disclosure to us of any personal data relating to individuals other than yourself was or will be made in accordance with all applicable data protection and data privacy laws, and those data are accurate, up to date and relevant when disclosed; (ii) before providing any such personal data to us, you have read and understood our Privacy Policy, which is available here, and, in the case of personal data relating to an individual other than yourself, have (or will at the time of disclosure have) provided a copy of that Privacy Policy (as amended from time to time), to that individual; and (iii) if from time to time we provide you with a replacement version of the Privacy Policy, you will promptly read that notice and provide a copy to any individual whose personal data you have provided to us.

6. Customer Feedback, Queries, Complaints, and Dispute Resolution

6.1. Contact Kryptocrest. If you have feedback, or general questions, contact us via our Customer Support at Support@Kryptocrest.com. When you contact us please provide us with your name, address, and any other information we may need to identify you, your Kryptocrest Account(s), and the transaction on which you have feedback or questions.

If you believe your account has been compromised, you may also report via mail. Kryptocrest requires that all legal documents (including civil subpoenas, complaints, and small claims) be served on our registered agent for service of process.

Please note that our registered agent will accept service only if the entity identified as the recipient of the document is identical to the entity registered with the Secretary of State and for which our registered agent is authorized to accept service. By accepting service of a legal document, Kryptocrest does not waive any objections we may have and may raise in response to such document.

6.2. Formal Complaint Process. If you have a dispute with Kryptocrest (a “Complaint”), you agree to contact Kryptocrest through our support team to attempt to resolve any such dispute amicably. If we cannot resolve the dispute through the Kryptocrest support team, you and we agree to use the Formal Complaint Process set forth below. You agree to use this process before filing any arbitration claim or small claims action. If you do not follow the procedures set out in this Section before filing an arbitration claim or suit in small claims court, we shall have the right to ask the arbitrator or small claims court to dismiss your filing unless and until you complete the following steps.

6.2.1. Procedural Steps. In the event that your dispute with Kryptocrest is not resolved through your contact with Kryptocrest Support, you agree to use our Complaint form to describe your Complaint, how you would like us to resolve the Complaint, and any other information related to your dispute that you believe to be relevant. The Complaint form can be found on the Kryptocrest support pages.

6.2.2. Kryptocrest Response. We will acknowledge receipt of your Complaint form after you submit it. A Kryptocrest customer relations agent (“Agent”) will review your Complaint. The Agent will evaluate your Complaint based on the information you have provided and information in the possession of Kryptocrest. Within 15 business days of our receipt of your Complaint form, the Agent will address the issues raised in your Complaint form by sending you an e-mail (“Resolution Notice”) in which the Agent will: (i) offer to resolve your complaint in the way you requested; (ii) make a determination rejecting your Complaint and set out the reasons for the rejection; or (iii) offer to resolve your Complaint with an alternative solution. In exceptional circumstances, if the Agent is unable to respond to your Complaint within 15 business days for reasons beyond Kryptocrest’s control, the Agent will send you a communication indicating the reasons for any delay in answering your Complaint, and specifying the deadline by which the Agent will respond to your Complaint, which will be no later than 35 business days from our receipt of your Complaint form.

6.3. Arbitration; Waiver of Class Action. If we cannot resolve the dispute through the Formal Complaint Process, you and we agree that any dispute arising out of or relating to this Agreement or the Kryptocrest Services, including, without limitation, federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation, or any other legal theory, shall be resolved through binding arbitration, on an individual basis (the “Arbitration Agreement”). Subject to applicable jurisdictional requirements, you may elect to pursue your claim in your local small claims court rather than through arbitration so long as your matter remains in small claims court and proceeds only on an individual (non-class and non-representative) basis. Arbitration shall be conducted in accordance with the American Arbitration Association’s rules for arbitration of consumer-related disputes.

This Arbitration Agreement includes, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement. All such matters shall be decided by an arbitrator and not by a court or judge.

CLASS ACTION WAIVER: TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING (COLLECTIVELY “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. YOU ACKNOWLEDGE THAT, BY AGREEING TO THESE TERMS, YOU AND KRYPTOCREST ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

The arbitration will be conducted by a single, neutral arbitrator and shall take place in the county or parish in which you reside, or another mutually agreeable location, in the English language. The arbitrator may award any relief that a court of competent jurisdiction could award and the arbitral decision may be enforced in any court. An arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect. At your request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. To the extent permitted by law, the prevailing party in any action or proceeding to enforce this Agreement, any arbitration pursuant to this Agreement, or any small claims action shall be entitled to costs and attorneys’ fees. If the arbitrator or arbitration administrator would impose filing fees or other administrative costs on you, we will reimburse you, upon request, to the extent such fees or costs would exceed those that you would otherwise have to pay if you were proceeding instead in a court. We will also pay additional fees or costs if required to do so by the arbitration administrator’s rules or applicable law. Kryptocrest.com