Terms of Use

Your Acceptance of the Terms of Use

PLEASE READ THESE TERMS OF USE IN THEIR ENTIRETY BEFORE USING THE CRYTPTOFISH.COM WEBSITE, OR ANY SERVICE OFFERED THEREIN. BY USING THE CRYTPTOFISH.COM WEBSITE OR OTHERWISE INTERACTING WITH OR USING OUR SERVICES, YOU AGREE TO THE TERMS OF USE. IF YOU DON’T ACCEPT THESE TERMS OF USE AND THEIR PROVISIONS THEREIN, DO NOT ACCESS THE WEBSITE OR USE SAID SERVICES.

CryptoFish is the Trading Name (brand) and is owned by Sako Capital Ltd, a company incorporated under the laws of the United Kingdom, with office registered office at 160 City Road, London, England, Great Britain. The company shall be referred to as “us," "we,” "our" or "Company".

The users of the website cryptofish.com

(the “Site”), shall be referred to as “you,” “your” or “yourself”. By using this Site, and/or by registering to use our services, you agree to accept and comply with the terms and conditions governing your use of the Site and the services offered therein (the “Terms of Use”).

You further acknowledge that the privacy policy (made available on the Site at https://cryptofish.com/privacy-policy​) (the “Privacy Policy”), is an integral part of these Terms of Use. By using the Services, you furthermore agree that you have read, understood, and accepted the terms of the Privacy Policy.

Account Eligibility

Upon opening an account to use the Services (the “Account”) or use our Services in any other way, including any interactions with the Site, you expressly represent and warrant that:

you are at least 18 years of age (or the age deemed as the age of majority in your country of residence and no younger than 18 years of age);

you have accepted these Terms of Use;

you are of sound mind and have capacity to take responsibility for your own actions, and have the full legal capacity to accept these Terms of Use and enter into transactions involving Cryptocurrency Assets (as defined below); and

all information and details that you submit during your interactions and submissions of information on the Site are true, current, complete and not misleading and, as appropriate, match the name(s) on the credit/debit card(s) or other payment accounts to be used to send or receive Fiat Money (defined below) in exchange for the Cryptocurrency Assets.

Use of your Account

The Site is provided for your own personal use which is non-commercial use only. You may only open one Account.

You further acknowledge and accept that you will not use your Account other than for your own use.

You further acknowledge and accept that you are not authorised to access the Account of any other registered user at any time, or assist others in obtaining unauthorized access.

Upon registering with us, you agree to provide us with current, accurate, authentic, and complete information about you, which may include without limitations, your name, password, e-mail address, postal address, telephone number, ID number, birthdate, taxpayer identification number, personal bank account or debit card or credit card details, as prompted and directed by the registration and/or verification process, or as prompted and directed at any time following registration. You are further required to keep any such submitted information updated at all times by accessing your account and updating your account information as your said particulars change. We reserve the right to request additional information as necessary, in order to comply with any relevant or new regulations.

Account Verification. We may seek to verify your details, at any time, by requesting relevant documentation. Verification documentation can include a government issued identity card, proof of address, such as a utility bill, and proof of your payment method or any other document that is deemed relevant during the registration process and any time thereafter. Submission of any documents is your voluntary undertaking and performed at your own expense, including any costs associated with notarization or obtaining copies of documentation. We shall be under no obligation to accept any documents as valid, and under no obligation to provide feedback on the nature of our acceptance of these documents. In addition, we may request that you participate in a phone or video call to verify your identity.

We may perform additional background checks on you from third-party service providers or authorities to verify any information you provide in the attempt to prevent misidentification, fraud, suspicious activity, money laundering or any other forbidden activity, and may take actions with respect to the outcome of such inquiries, as we deem necessary.

The aforementioned notwithstanding, the Company may, at any time, and at its sole discretion, deny you access to open an Account, limit the Account that you may establish and maintain, or suspend any transaction pending our review of any information submitted by you.

Confidentiality of your Account. You are responsible for maintaining the strict confidentiality of your Account information, including your password, safeguarding your own Digital Cryptocurrency or Digital Asset, and for all activity and transactions that are posted to your Account and acknowledge acceptance of these responsibilities in as part of the term of use. You do so in the understanding that any compromise of your login information can expose your Account to unauthorized access and can result in loss or theft of Digital Cryptocurrency or Digital Asset or funds from your Account(s), including linked accounts, such as your linked bank accounts, debit and/or credit cards.

You are required to notify us immediately as you become aware of any unauthorized use of your Account or password or if you suspect any compromise of your login information, or any other breach of security by email, addressed to support@cryptofish.com or by any other support and contact services and as directed by the Site.

We may terminate your account if you do not comply with our verification or security requests, or otherwise violate the foregoing rules, and you may be held liable for losses incurred by the Company or by any third-party due to your non-compliance and/or violation of these rules.

Unauthorised Third-Party Acts. Your Account is for your personal and non-commercial use only, and not for the use or access by any other third-party. In any event, you are fully responsible for all actions taken by any third-party that you have given access to your Account.

You agree that you will not use your account or the Services to perform criminal activity of any sort, including but not limited to, money laundering, illegal gambling operations, terrorist financing, or malicious hacking.

In addition, you warrant not to use methods to conceal the location from which you access the Site, including but not limited to technological means such as a VPN server, and that you will disclose to the Company your accurate and true location.

Should the Company determine in its sole discretion that the activity on your Account is suspicious or related to any prohibited activity or illegitimate operation, the Company may cancel or suspend your Account, block any outstanding transactions, deny any new transactions, and/or freeze any funds available on your Account.

You agree to receive promotional and/or emails updates from us to the email address you provided. You can request to cancel such emails by requesting use of the "unsubscribe" feature presented in any such email.

Service Provision

Purchase of Digital Cryptocurrency or Digital Assets. The Services allow Users to buy from the Company: Bitcoin or any other digital cryptocurrency or digital asset that is, or may be, made available or offered for purchase on the Site at any time.

Sale of Digital Cryptocurrency or Digital Assets. At the Company’s sole discretion, the Company may also choose to allow Users to offer Digital Cryptocurrency or Digital Assets to the Company for sale.

The Company cannot guarantee that the payment options it makes available will continue to always be made available, such as Fiat Money sent or received from and to the Company through bank account transfers, wires, credit card payments or payment processing conducted by third parties. Limiting factors can include but are not limited to your location, the ID information you have provided to the Company, and any limitations as applied by third-party payment processors if applicable.

Bank Transfer Discrepancies. You understand and accept the following terms pertaining to any bank wire transfer sent by you to the Company in connection with a purchase order for Digital Cryptocurrency or Digital Asset:

4.4.1 should the actual payment amount received by the Company's bank account differ from the payment amount required to fulfill your purchase order, regardless if the amount is more than or less than the required amount to fulfill the order, the Company, in its sole discretion can automatically update and fulfill the order accordingly or notify you with new instructions to amend or cancel your order.

Digital Cryptocurrency or Digital Asset Delivery. The Company will make reasonable efforts to deliver the ordered and purchased Digital Cryptocurrency or Digital Asset to you in the most timely manner in accordance with the following conditions. You hereby acknowledge and understand that the delivery of the purchased Digital Cryptocurrency or Digital Asset may be completed at a time that varies from the time of payment or the time of completion of the order, and that additional time may be deemed necessary to transfer said Digital Cryptocurrency or Digital Asset. You also acknowledge that on certain occasions the Company may not be able to complete and fulfill the order of purchase or make a Digital Cryptocurrency or Digital Asset delivery as further described herein.

Wallet Address. You accept and understand that we shall deliver the purchased Digital Cryptocurrency or Digital Asset to the personal digital wallet address that you provide to us in accordance with each and every one of your purchase orders. We will seek that you verify each said Wallet Address and any verification requests as such can be made through email or digital communication means as specified during the order and purchase process. In the event you do not verify the address within a 30-day period, the Company may, on its sole discretion, reserve the right to send you the Digital Cryptocurrency or Digital Asset to the address you provided during the initial order and purchase process, even without receiving your explicit verification. You also acknowledge and understand that once we send the Digital Cryptocurrency or Digital Asset to the supplied Wallet Address, we have no way to retrieve the Digital Cryptocurrency or Digital Asset from said Wallet Address.

You acknowledge and understand that the Company will not be held liable or responsible for any order or purchase errors with respect to the instructions that you provide.

No Guarantee of Value or Liquidity. In all your interactions with the Company you acknowledge that the Company can not guarantee that any Digital Cryptocurrency or Digital Asset will have, at any time in the future, certain value, or any value, or any market liquidity and you are fully aware of the risks involved in the buying, selling and trading of any Digital Currencies and are solely responsible for undertaking any such risks. There is no guarantee that you will be able to sell your Digital Cryptocurrency or Digital Asset at any value to any third-party at a later time, and you further acknowledge that the Company will in no event or circumstance have any obligation to purchase any Digital Cryptocurrency or Digital Asset from you, regardless whether said Digital Cryptocurrency or Digital Asset was purchased from the Company or from elsewhere.

Execution of Your Order and the Price of Digital Cryptocurrency or Digital Asset

Price. The rate at which the Digital Cryptocurrency or Digital Asset is priced for the purposes of purchase or selling and where applicable shall be determined with the price as set and displayed on the site (the “Price”)

You acknowledge and agree that, in spite of the above clause, any price displayed on the Site at which the Company buys or sells the Digital Currency or Digital Asset is accurate for that moment in the present, and that a different price may appear at the moment you are placing an order and that the price quoted during your order will be known as the Price or rate of the transaction, and that you may be given a price window within which to complete your order in which the quoted price is respected as the Final Price. Digital Cryptocurrencies and Digital Assets display high price volatility and therefore a final Price needs to be established for each transaction which forms an agreement on the price between you and the Company.

Final Price. The price which appears on the Site upon: (i) the Company's receipt of confirmation of your payment from the respective debit or credit card company as an indication that the Fiat Money payment made by you using said card; (ii) our receipt of confirmation of your payment from our bank as an indication that the Fiat Money payment made by you using a wire transfer; and (iii) the actual crediting of our virtual wallet with the Digital Cryptocurrency or Digital Asset with respect to Digital Cryptocurrency or Digital Asset credited to us by you.

You understand that the Final Price may differ than any other rate or price which was previously displayed on the Site, and that a value variation can occur, and that this valuation change may be in your favour or that of the Companies and that the Company has no control whatsoever on any such change.

Upon the placement of your order and upon our receipt of confirmation of payment or Digital Cryptocurrency or Digital Asset credited to us by you, and as soon as is practicable thereafter, and upon your successful completion of our KYC process to our satisfaction, we shall execute your order at the Final Price (the “Execution”). Until Execution, orders shall be considered to be pending execution and shall not be considered as completed, and shall not be in any way considered to be binding on the Company whatsoever.

Delivery. Upon successful Execution of your order: (i) in the case of your purchase of Digital Currency or Digital Assets from us, the relevant Digital Currency or Digital Assets shall be delivered by us to your Wallet Address. While we will make every effort to transfer the Digital Currency or Digital Asset as soon as we can, please be aware that these transfers can take some time to be processed; (ii) in case of your sale of Digital Currency or Digital Asset to us, we shall deliver Fiat Money through a bank wire transfer, credit card or other third-party payment processor, using the details particular to the payment method you provided us during the registration process or at the time of your sales order if different; and (iii) we shall provide you, wither on the Site, via email, or otherwise, a transaction confirmation, detailing the Final Price and other applicable particulars about the purchase and the Execution (the “Transaction Confirmation”)

Any payment by us to you, be it Fiat Money or Digital Cryptocurrency or Digital Asset, shall be paid after deduction of any applicable fees, including any commission fees, which shall be displayed on the Site at www.cryptofish.com/faq.

Cancellation Policy. You acknowledge that Executed transactions are non-cancelable and you cannot change or reverse any such transaction - whether the transaction is completed or pending (including any order in which the Wallet Address has not yet been verified by you, as described in section 4.6 above).

Notwithstanding the above, the Company, in its sole discretion, without any obligation whatsoever, may make reasonable efforts to comply with a request from you for cancelation of a particular transaction. Subject to applicable law and regulation, in the event the Company cancels your purchase order, even upon already having received Fiat Money from you with regards to any such order, the Company will refund any such funds to you minus any costs or expenses incurred with regards to any such refund, including without limitation any bank charges, currency exchange charges, cryptocurrency transfer fees and/or payment processing charges. With respect to cancellation of your sales order after having received Digital Cryptocurrency or Digital Asset from you, the Company will credit you with such Digital Cryptocurrency or Digital Asset minus applicable transaction costs and expenses. Any return for a cancelled transaction shall be at an exchange rate determined in the Company's sole discretion.

Unsuccessful Payments. If your payment method is declined, be it due to insufficient funds or deemed unsuccessful for any other reason, you agree that the Company, in its sole discretion, may: (i) cancel any applicable transaction; (ii) fulfill a portion of that transaction; or (iii) debit alternative payment methods provided by you, in the amount necessary to complete a pending transaction. In the event of termination of any transaction the Company will conduct reasonable efforts to provide you with notification of such termination.

Ownership of your Wallet Address. For the purposes of Execution of any transaction, you guarantee to use and provide to us an electronic wallet address that is owned by you exclusively and which is under your sole and full control to which the Digital Cryptocurrency or Digital Asset purchased by you will be transferred.

The Company reserves the right to deny processing or executing any order, or cancel any pending transaction if: (i) it is required to do so by any applicable law, regulation, successful court order, or other order given by a competent and relevant authority; (ii) the Company considers any such transaction or order as being in violation of any or the provisions in this Terms of Use, or applicable and relevant law or regulation; (iii) it exceeds any limit which may be applicable in particular to the quantity of transactions in any given period, in accordance with the Company’s policies, which are also subject to amendments from time to time, or any other applicable and relevant laws and regulations; or (iv) such transaction places the Company’s good name, operations, or reputation at risk. Furthermore, the Company may take any additional actions available to it under these Terms of Use and/or other applicable laws and regulations with respect to any such transaction.

Users Content

In the event that you upload any content on the Site, including without limitations, any text, photo, or other material, you warrant that such content will not consist of: (a) false, misleading information or any misappropriation; (b) copyrighted materials which you are not the holder of the copyright or otherwise not authorized to make public; (c) obscene, offensive, profane, unlawful content or any content which, subject to the sole discretion of the Company, may harm or risk the Company’s good name and reputation; or (d) anything that is otherwise prohibited by any applicable and relevant laws.

Without in any way relieving you of your responsibility as above-mentioned, the Company may, subject to the Company’s sole discretion, remove any content which is in violation of the above terms in addition to any further action which the Company deems necessary. The Company does not undertake to review any such contents nor assumes any responsibility in connection therewith.

You understand and agree that the Company cannot and does not endorse or guarantee the authenticity, identity or reliability of any content and information either posted by any user of the Site or attributed to any user of the Site, thus relying on users’ content is solely at your own discretion and risk.

Payment Transactions, Third-Party Processors, and Chargebacks

You are fully responsible for paying all sums (whether Fiat Money or Digital Cryptocurrency or Digital Asset) owed to us by you. We reserve the right to withhold any payments which are to be made to you until the Company can properly identify and authenticate your identity and/or payment details (as applicable).

Third-Party Service Processors. You agree that the Company may, in the Company’s sole discretion, use third-party payment processing service providers for the purpose of processing any payments between you and the Company. This includes but is not limited to payments in relation to your use of the Services and any transactions that you execute. Where this is the case, you confirm that the Company may provide certain personal information and/or documentation about you to said third-parties, including with respect to transactions executed by you as needed to complete any such transactions or as required under any inquiry or in the event of detection of fraud or suspicion of such.

As per the Company’s Privacy Policy, we may use or transfer your information to any other third-party service providers at the sole discretion of the Company for the purpose of providing you with the Services under the Site or the improvement thereof. This is also the case for any KYC, AML or CTF procedures, as described hereunder.

Should the Company reasonably deduce or become aware that any fraudulent acts were or are made by you or in connection with your Account, including any use of stolen credit cards or any other fraudulent activity (including any chargeback or other reversal of a payment), the Company reserves the right at its sole discretion to close or suspend your Account, terminate the Terms of Use, and/or reverse or withhold any payment. The Company shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment frauds or any otherwise unlawful activities, and may engage with collection services and agencies to recover payments. The Company shall not be liable for any unauthorized use by any third-party of credit/debit cards, irrespective of whether or not the credit/debit cards were reported stolen.

You further agree that you will not undertake or attempt to make any chargebacks, and/or deny or seek the reversal of any payment or deposits made by you. You hereby agree that you will be liable to reimburse us for any chargebacks, denial or reversal of your payments or deposits and any loss suffered by the Company as a consequence of any such actions. In any such event, we reserve the right to cease to provide the Services, terminate the Terms of Use, withhold payments to you, and undertake any further action which we may deem as appropriate.

Use of Our Technology and Intellectual Property

You may only install and use the software connected and/or provided by the Site (the "Software") and all content derived from the Software, including, but not limited to, the copyright and all other intellectual property rights in the Software, in connection with the Services for your personal and non-commercial use and solely in accordance with the Terms of Use. The Software's code, structure and organization are protected by intellectual property rights. You agree to not: (i) copy, publish, disassemble, modify, reverse engineer, redistribute, decompile, translate or make any attempt to access the source code to create derivative works of the source code, or otherwise; (ii) sell, assign, transfer, sublicense, distribute or lease the Software; (iii) make the Software available to any third-party through a computer network or otherwise; (iv) export the Software to any country (whether by physical or electronic means); or (v) use the Software in a manner prohibited by any laws or regulations that are applicable to the use of the Software (collectively the "Prohibited Acts").

You will be liable to us for any costs, damage or expenses we suffer or incur that arise out of or in connection with your commission of any of the Prohibited Acts. You shall notify us as soon as reasonably possible after becoming aware of the commission by any person of any of the Prohibited Acts and shall provide us with reasonable assistance with any investigations we may conduct as a result of the information that you provide in this respect.

The brand names relating to the Site and any other trademarks, service marks and/or trade names used by us, or on our own behalf (the "Trade Marks"), are owned by us or our licensors. In addition to the rights in the Trade Marks, we and/or our licensors maintain ownership of the rights in all other content of the Site (the "Content"). By virtue of using the Services you shall not obtain any rights in the Trade Marks or the Content, and you may use the Trade Marks and Content in accordance with the terms of the Terms of Use only.

Site Availability. The Company does not and cannot guarantee the availability and provision of the Services at all times. You acknowledge that the Company reserves the right, at all times, to delay, deny, or make unavailable, at any time and at its sole discretion, any or all of the Services and/or the Site itself. The Company shall not be responsible for or accept any liability whatsoever should the Service become unavailable, whether caused by the Company as aforementioned or by any third-party or force majeure. You explicitly understand that any such event may cause a delay in the execution or processing of your orders and transactions, and you irrevocably release the Company of any liability in this regard.

Malware, Security and Viruses. Any use of the internet is subject to malware and virus attacks and/or communication failures. The Company shall not bear any liability, whatsoever, for any damage or interruptions caused by computer viruses, spyware, Trojan horses, worms or other malware that may be in affect on your systems, computer or other equipment, including any phishing, spoofing or other virus attacks. The Company recommends that all Users deploy and maintain reputable and available virus screening and prevention software at all times. You should also apply caution when reviewing text messages and emails purporting to originate from the Company, as SMS and emails are also vulnerable to phishing and spoofing and additional viruses. It is advisable that you log into your Account through the Site only and avoid using unauthenticated communications advising you of alternative login options.

Confidential Information. In the course of using the Services, should you be disclosed any confidential information, be it advertently or inadvertently, you are obligated to keep such confidential information in strict confidence and use it in connection with the Services only. You may not disclose any such confidential information without the Company’s prior written consent.

Compliance

You agree that the use of the Service shall be in compliance with all laws and regulations applicable to you based on your respective jurisdiction. It is solely your responsibility to ensure that your use of the Site and Services is in compliance with any applicable laws and regulations that you are subject to.

Should the Company come to the belief that your use of the Services may not be in full compliance with applicable laws and regulations, including, but not limited to, where there is any reason to suspect that your use of the Services involves any prohibited activities or you otherwise fail to complete any KYC, AML and CTF requirements as described under Section ‎17 below, the Company may, in its sole discretion, refuse to provide you said Services, process your transactions or accept you as a client, in addition to any other action which we may deem appropriate.

Applicable Sanctions. You warrant that you will be in and remain in compliance with any and all applicable international economic and export sanctions and any such requirements therein. Without limiting the generality of the aforementioned, you will not use the Services available on Site if any of the following applies to you: (a) You are a national or resident of North Korea, Iran, Cuba, Syria or the Crimea region of the Ukraine, or any other country included in the US embargo, United Nations sanctions, HM Treasury's financial sanctions regime (the “Restricted Territories”) or you intend to distribute or provide the acquired Digital Cryptocurrency or Digital Assets or the Services to the Restricted Territories; (b) Your name appears on the US Treasury Department's Specially Designated Nationals List or the US Commerce Department's Denied Persons List, Unverified List, Entity List HM Treasury's financial sanctions regime (the “Restricted Persons”) or you intend to distribute or provide the Services to any person of the Restricted Persons; and (c) You are on a prescribed sanctions list.

Applicable Taxes. You are exclusively responsible to inquire with respect to the taxes applicable to your transactions on the Site. The Company will not in any event be deemed as providing any tax advice or consultation. It is your sole responsibility to report and remit the taxes payable to the applicable tax authorities.

Account Suspension, Termination, and Cancellation

You acknowledge that, at any time, the Company is entitled to: (a) suspend your Account and your Access to these Services, (b) terminate the Terms of Use and your access to the Site and close your Account, (c) refuse to process, cancel or reverse any transaction of Digital Cryptocurrencies or Digital Assets, regardless if any corresponding funds have been debited from any of your payments; (d) place restrictions on your Account; and/or (e) prohibit access to the Site and its content or tools, delay or remove hosted content, and take technical and legal measures to keep users off the Site, all of the aforementioned for any reason whatsoever, all subject to the Company’s sole discretion, including without limitation as a result of the following:

(i) any violation of these Terms of Use, including without limitations, any failure to pay for transactions; (ii) any attempts to gain unauthorized access to the Site or another User’s account or to offer or provide assistance to others’ attempt to do so; (iii) the Company has reasonable suspicion that a transaction may be involved the conduct of illegal activity, including without limitations, money laundering, terrorist financing, fraud, or any other crime; (iv) the Company reasonably suspects that your Account or any transactions related to it are are deemed as prohibited use or are non-compliant with any applicable laws or regulations; (v) the Company is under request to do so by a court order, law enforcement or other government or regulatory order or if your Account is subject to litigation or investigation; (vi) you abuse the Services provided by the Company, including, but not limited to, opening multiple accounts and/or taking advantages of promotions in bad faith; (vii) any of the third-party providers that the Company uses denies providing you the Services; (viii) the Company believes you are initiating problems or possible legal liabilities; (ix) force majeure events, including operational and technical errors; (x) no transactions with respect to the Services have been carried out by you for twelve or more consecutive months; (xii) the Company believes that you adversely affect its reputation; (xiii) the Company reasonably believes that your Account is in association with any account that has been suspended or terminated for breach of the Terms of Use or suspended for any other reason; (xi) your failure provide information upon the request of the Company or the information provided does not meet the Company’s requirements; or (xii) the Company believes your Account and/or transactions do not meet the Company's risk tolerance.

Notwithstanding the above mentioned, the Company may, in its sole discretion, suspend, cancel or terminate your access to the Services, or refuse to open an account for you on any other grounds.

In the event that the Company should suspend, cancel or terminate your access to your Account and the Services, you shall neither be able to access your Account nor use any or all of the Services. In such event of termination or suspension, we reserve the right to: (i) cancel outstanding and/or pending orders for the purchase of Digital Cryptocurrencies or Digital Assets from us; and (ii) withhold any Fiat Money which has been paid by you to us for the purchase of Digital Cryptocurrencies or Digital Assets from us for which you have not received.

Should your Account be suspended or terminated by the Company, the Company may provide you with notice of such suspension or termination. Furthermore, you agree that the Company is not obliged to make available to you any findings and/or information acquired by the Company’s security and risk management procedures.

Account Termination by you. You may perform a termination of your Account at any time by submitting an Account termination request at support@cryptofish.com. No termination fee is applicable, however you will remain responsible for fulfilling any outstanding payment obligations to the Company existing as of the effective date of termination and to settle any pending transactions. The Company reserves the right to suspend any pending transactions at the time of cancellation at its sole discretion.

Upon termination of the Terms of Use, you shall: (i) stop using the Site, Software and the Services; (ii) pay the Company any Fiat Money which you owe to the Company; (iii) provide to the Company any Digital Cryptocurrency or Digital Assets which you owe to the Company.

The right to terminate the Terms of Use and/or to close your account shall not stop you or the Company from exercising any other relevant rights or remedies under the Terms of Use, whether with respect to the termination or to any other event.

Upon the termination of the Terms of Use for any reason, except as otherwise stated in the Terms of Use, and subject to any other relevant rights or obligations which have accrued up until the time of termination, neither party shall have any further obligation to the other under the Terms of Use.

Retention or Erasure of Information. Following the termination of the Terms of Use, the Company may at its sole discretion retain information for as long as we have a business or tax need or as required under applicable laws, regulations and/or government orders from time to time; provided however, in absence of any such need or government requirement, the Company shall endeavor to erase and discard your data, all subject to the limitations and requirements under the applicable laws and regulations.

Limitations of Liability; Release

THE SERVICES AND THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO THE SOFTWARE, THE SITE, THE SERVICES, AND/OR ANY PART OR MATERIALS MADE AVAILABLE THEREIN, WILL BE COMPLETE, ERROR FREE, CONTINUOUS, UNINTERRUPTED, ACCURATE, THAT DEFECTS WILL BE CORRECTED, AND/OR THE SOFTWARE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES AND BUGS, AND MAKES NO REPRESENTATION PERTAINING TO THE FULL FUNCTIONALITY, ACCURACY, RELIABILITY OF THE MATERIALS AND/OR AS TO RESULTS, OR THE ACCURACY OF ANY INFORMATION OBTAINED BY YOU THROUGH THE SERVICES, SOFTWARE AND/OR SITE. THE ENTIRE RISK AS TO THE USE, QUALITY, AND PERFORMANCE OF THE SOFTWARE, SERVICES AND/OR SITE LIES WITH YOU.

THE COMPANY IS IN NO WAY OBLIGED TO MAINTAIN YOUR ACCOUNT NAME OR PASSWORD. WE SHALL NOT BE LIABLE IF YOU MISPLACE, FORGET OR LOSE YOUR ACCOUNT NAME OR PASSWORD BECAUSE OF ANYTHING OTHER THAN THE COMPANY'S NEGLIGENCE.

TO THE MAXIMUM EXTENT PERMITTED BY ALL APPLICABLE LAWS, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURE ASSOCIATES, EMPLOYEES OR REPRESENTATIVES, BE LIABLE TO YOU OR ANYONE ON YOUR BEHALF, FOR ANY DIRECT, INDIRECT, INCIDENTAL, INTANGIBLE, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS OF ANY KIND, INCLUDING WITHOUT LIMITATIONS, LOSS OF BUSINESS, DATA, PROFITS, REVENUES, CONTRACTS OR ANTICIPATED SAVINGS; AND/OR LOSS OR ANY DAMAGE, ARISING FROM YOUR USE OF THE SITE, SERVICES OR SOFTWARE - WHETHER BASED IN CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF, OR IN CONNECTION WITH, AUTHORIZED OR UNAUTHORIZED USE OF THE SOFTWARE, SITE AND/OR SERVICES.

YOU AGREE THAT ANY COMPLAINT, CLAIM OR CAUSE OF ACTION WHICH YOU MAY HAVE ARISING OUT OF OR RELATED TO USE OF THE SITE, SERVICES, SOFTWARE OR THE TERMS OF USE MUST BE FILED WITHIN ONE CALENDAR (1) YEAR AFTER SUCH COMPLAINT, CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

THE COMPANY SHALL NOT BE LIABLE TO YOU IN ANYWAY WHATSOEVER FOR THE TRANSFER OF ANY AND ALL DIGITAL CRYPTOCURRENCY OR DIGITAL ASSET IN THE CASE WHERE YOU HAVE PROVIDED US WITH ANY INCORRECT AND/OR INCOMPLETE, PUBLIC KEY, AND/OR VIRTUAL WALLET ADDRESS DETAILS. FURTHERMORE, THE COMPANY SHALL NOT BE LIABLE TO YOU IN ANY WAY WHATSOEVER FOR THE TRANSFER OF ANY AND ALL FIAT MONEY IN THE CASE WHERE YOU PROVIDE US WITH ANY INCORRECT AND/OR INCOMPLETE PAYMENT DETAILS.

We specifically make no warranties, representations or guarantees regarding the time required to complete processing any request provided by you, including electronic debit or credit using credit cards, bank accounts or checks, which are dependent upon multiple factors outside of the Company’s span of control. Without derogating from the aforementioned, the Company makes efforts to process your requests in a timely manner.

Although the Company will make every effort with the intention to provide accurate and timely information on the Site and/or Software (including, without limitation, the Content), the Site may not always be entirely accurate, complete or current and may on occasion also include technical inaccuracies or typographical errors. In an effort to carry on with the provision of complete and accurate information wherever and whenever possible, information may be changed or updated from time to time without notice. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Site are your sole responsibility and we shall have no liability for any decisions you make in relation to the information provided.

You further agree that the Company shall not be in any way liable to you or toward any third-party for any amendment or termination of the Company Services and/or Terms of Use, or suspension of your access to the Company Services, except to the extent otherwise expressly set forth herein.

With respect to the common law, nothing in the Terms of Use will operate so as to exclude any liability of the Company for death or personal injury that is caused by the Company's negligence.

WITHOUT DEROGATING FROM ANY OTHER PROVISION IN THE TERMS OF USE, IN NO EVENT SHALL THE COMPANY’S LIABILITY TO YOU EXCEED FIFTY (50) USD IN TOTAL.

Release. Any disputes that may arise between you and any other user of the Site shall be exclusively resolved between you and any such user, and you release the Company, its affiliates and service providers, and each of their respective officers, directors, agents, joint venture associates, employees and representatives from any and all demands, claims and damages (actual and consequential) of every kind and nature arising out of or in any way connected with any and all such disputes.

Indemnity

You agree to indemnify, defend and hold harmless the Company, its affiliates and service providers, and any of their respective employees, officers, directors, joint venture associates, agents and representatives, from any claims, demands, liabilities, damages, or costs (including attorneys' fees, fines, or penalties) suffered by the Company and arising out of or related to (i) your breach of the Terms of Use; (ii) your use of the Site, Software, or Services or use by any other person accessing the Services or Software using your user identification whether or not with your authorization; or (iii) any violation by you of any riling, law, regulation, or the rights of any third-party.

Modifications to the Terms of Use

We may modify, amend, update and change any of the terms and conditions of the Terms of Use from time to time, including and without limitation, as a result of legal and regulatory changes, security reasons and changes to our Services.

We will notify you of any such amendment, update, modification or change by publishing a new version of the Terms of Use on the relevant page of the Site, or by notifying you by email. Any new version of the Terms of Use will take effect twenty-four (24) hours after any such publication on the Site (or earlier if required by any law, regulation or directive which applies to either us or you), and your use of the Services after said twenty-four (24) hour period will be deemed to constitute your acceptance of any such new version of the Terms of Use. Please check for updates to the Terms of Use on a regular basis.

Should you not be in agreement with any modification to the Terms of Use, your sole and exclusive remedy is to terminate your use of the Services and close your Account.

Third-party Websites

We make no representations, and take no responsibility whatsoever regarding any third-party websites, services, or content which you may access through this Site. The Site may present links or other forms of reference to other websites (the “Third-party Websites”) or resources over which Company has no control. You acknowledge that the Company may present such links or references to you only as a convenience and that any such action by the Company can not be construed or seen as an endorsement of any Third-party Website services or offerings made to you or any content provided therein. We are not responsible for the availability of, and content provided on any Third-party Websites. You are requested to review the policies posted by the Third-party Websites regarding privacy and other topics before use. The Company is in no way responsible for third-party content accessible through the Site, including but not limited to opinions, advice, statements, prices, activities, and advertisements, and you shall bear all risks associated with the use of such content. It is up to you to take precautions to ensure that whatever you select for your use is free of any viruses, worms, Trojan horses and/or other items of a destructive nature. If you access any such Third-party Websites you agree that you do so at your own personal risk and you agree that the Company will have no liability arising from your use of or access to any Third-party Websites.

No Financial Advice

To avoid any doubt, the Company does not provide any investment advice, recommendation, or guidance whatsoever, whether in connection with the Services or otherwise. We may provide information on the price, range, volatility of any Digital Cryptocurrencies or Digital Assets and events that have an affect on or have affected the price of any Digital Cryptocurrencies or Digital Assets, but this is not considered investment advice and nor should it be construed as such. No communication between the Company and you should be considered any form of investment advice. Any decision to purchase or sell any Digital Cryptocurrency or Digital Asset is your exclusive decision and on that is made at your own risk and you agree that we will not be liable for any loss suffered. You should consult your own legal and/or tax advisors concerning your specific financial situation.

Lack of Financial Regulation

Our business model and our Services consist of facilitating the buying and selling of Digital Cryptocurrency or Digital Asset from and to the Company in an unregulated, international, open payment system. Despite the aforementioned, certain jurisdictions apply regulations or may apply such regulations at any time, in which case, the Terms of Use, including the provision of the Services, may be amended accordingly or terminated to the extent such amendments are not possible. You agree and understand that legislative and regulatory changes or actions at a state, federal, or international level may adversely affect the use, transfer, exchange, and/or value of Digital Cryptocurrency or Digital Asset.

Know-Your-Client ("KYC"), Anti-money Laundering (“AML”) and Counter Terrorist Financing (“CTF”) Procedures

As part of our commitment to combat financial crimes, the Company has implemented systems, policies and procedures aimed at allowing us to identify and mitigate any risks to our Site and Services being misused for illegal purposes. In alignment with industry wide best practices, these include our KYC, AML and CTF procedures, which are based on our collection of data and information about our Users, the assessment of AML/CTF risks associated with their activities, and the ongoing monitoring and recording of transactions that are made by them.

Where the Company has any suspicion that our business relationship with you, or any specific transactions that you wish to make, are subject to any risk of money laundering, terrorism financing or any other financial crime or prohibited activity, we may, at the Company’s sole discretion, refuse to accept you as a client, terminate any engagement with you, refuse to process any transaction, and take any other action we deem necessary and as we deem as an appropriate response, including reporting our suspicion to the competent legal authorities. We are in no way obligated to inform you of any such action should we choose to take it, nor provide to you with any explanation of our reasoning in taking any such decision or action as to why we hold any such suspicions.

For the purpose of conducting the above-mentioned checks, the Company may collect certain personal information about you, either from you or from third-party sources. Any such information about you shall be stored and utilized in accordance with our Privacy Policy. By making any use of the Site and the Services you represent and warrant that all information provided by you to us is correct, accurate and complete, and explicitly consent to the collection of additional information about you from third parties, including but not limited to financial and credit institutions, governmental authorities and external databases.

Risk

The trading of goods and products, be they real or virtual, as well as virtual currencies, involves significant risks. Prices are determined by market forces and can fluctuate on any given day. Due to such price fluctuations, you may increase or lose value in your assets at any given moment. Any currency or digital asset, virtual or not, may be subject to large or sudden shifts in value and may even become worthless. There is an inherent risk that losses will occur as a result of buying, selling or trading anything on a market. You should be aware that the risk of loss in trading or holding Digital Cryptocurrencies and Digital Assets can be substantial.

Digital Cryptocurrency trading also exposes you to particular and special risks that are not generally shared with official currencies or goods or commodities in a market. Unlike most currencies, which are backed by governments or other legal entities, or by commodities such as gold or silver, Digital Cryptocurrencies are a unique kind of currency, backed by technology and trust. There is no central bank or government regulator that can take corrective measures to protect the value of the Digital Cryptocurrency or Digital Asset in a crisis, issue more currency, or balance the price fluctuations.

Instead, Digital Cryptocurrencies are often autonomous and largely unregulated worldwide network system of currency firms and individuals. Traders and market participants place their trust in digital, decentralized and partially anonymous systems that rely on peer-to-peer networking and cryptography to maintain their integrity. Thus, the value of Digital Cryptocurrencies and Digital Asset may be derived from the continued willingness of market participants to exchange Fiat Currency for Digital Cryptocurrencies or Digital Assets, which may result in the potential for permanent and total loss of value of a particular Digital Cryptocurrency or a Digital Asset such that the market for that Digital Cryptocurrency or Digital Asset may dissolve.

Digital Cryptocurrency and Digital Asset trading may be susceptible to irrational (or rational) bubbles or loss of market confidence, which can collapse relative to demand and supply. For example, confidence in a Digital Cryptocurrency or a Digital Asset may collapse as a result of unexpected changes imposed by software developers or others, a government crackdown, the creation of superior competing alternative currencies, or a deflationary or inflationary spiral. Confidence might also collapse due to technical problems, for example, if the anonymity of the system is compromised, if money is lost or stolen, or if hackers or governments are able to prevent transactions from settling.

Transactions in certain Digital Cryptocurrencies or Digital Assets may be irreversible, and, accordingly, any losses due to fraudulent or accidental transactions may not be recoverable.

Due to the nature of Digital Cryptocurrencies and Digital Assets, any technological difficulties experienced by the Company could prevent the access or use of a User’s Digital Cryptocurrencies or Digital Assets.

The above-mentioned is not a fully inclusive and closed list, there may be additional risks that we have not foreseen or identified in our Terms of Use. You should carefully assess whether your financial standing and tolerance for risk is suitable for buying, selling or trading Digital Cryptocurrencies or Digital Assets.

The Company makes use of the services offered by banking providers in order to receive your funds and to make payments. The Company’s banking providers do not transfer any Digital Cryptocurrencies or Digital Assets of any kind, exchange Digital Cryptocurrencies or Digital Assets of any kind, or provide any services in connection with Digital Cryptocurrencies or Digital Assets of any kind.

Markets for Digital Cryptocurrencies and Digital Assets have varying degrees of liquidity ranging from very liquid to those of low liquidity. The Company does not guarantee any profits from trading or any other activity associated with the site.

IN LIGHT OF THE ABOVE-MENTIONED RISKS, WHICH ARE NOT A COMPREHENSIVE LIST, YOU SHOULD CAREFULLY CONSIDER IF HOLDING DIGITAL CRYPTOCURRENCIES AND/OR DIGITAL ASSETS IS SUITABLE FOR YOU DEPENDING ON YOUR FINANCIAL CIRCUMSTANCES.

Customer Service

You hereby expressly consent to us using any contact details provided by you upon registration to occasionally make contact with you directly in relation to your use of the Services or any other products or services offered by us from time to time.

Customer Feedback. If you have any questions, feedback or any complaints, you can contact us via our customer support at support@cryptofish.com. Please provide the correct identifying information such as your name, address, and any other information that the Company may need to identify you, your Account, and/or the transaction on which you have feedback, questions, or complaints.

For service quality assurance, any calls, email, chat or the use of any other digital recording tools made by you to the customer service department may be recorded and logged.

We don’t tolerate any abusive behavior exhibited by users of the Services to our employees. In the event we deem that your behavior, via telephone, live chat, email or otherwise, has been abusive or derogatory towards any of our employees in the Company’s sole discretion, we shall have the right to close your Account with us and terminate the Terms of Use and such an act by you will be considered as a breach of the Terms of Use by you.

General Provisions

Entire Agreement. These Terms of Use, comprise of the entire understanding and any entire agreements between you and the Company as to the subject matter hereof, and supersede any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of the Terms of Use), and every nature between you and the Company.

Section headings provided in this Agreement are provided for convenience alone, and shall not be construed to any way govern the meaning or interpretation of any provision of this Agreement.

Relationship of the Parties. Both you and the Company are independent contractors, and nothing in these Terms of Use shall be deemed to create or imply between you and the Company any other form of relationship, and the parties shall not be deemed to be partners, agents or be considered engaged in a joint venture of any kind. You are not authorized to make any obligations on behalf of the Company.

Assignment. You shall not assign any rights and/or licenses granted under these Terms of Use, including without limitation, the right to use the Account which is exclusively for your personal use. The Company reserves the right to assign our rights without restriction, including without limitation to any Company affiliates or subsidiaries, or to any successor in interest of any business associated with the Company Services. Any attempted transfers or assignments in violation hereof shall be deemed and considered null and void. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns.

Severability. If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable for any reason whatsoever under any rule, law or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of these Terms of Use shall not be affected.

Change of Control. In the event where the Company is acquired by or merged with any other third-party entity, the Company reserves the right, in any of these circumstances, to transfer or assign the information that the Company has collected from you any personal information, as part of such merger, acquisition, sale, or other change of control.

Survival. All provisions of these Terms of Use which by their nature extend beyond the expiration or termination of these Terms of Use, including, without limitation, sections that are pertaining to suspension or termination, Company Account cancellation, debts owed to the Company, general use of the Company Site, disputes with Company, and general provisions, representations and warranties contained herein shall survive and shall continue in full force and effect as and notwithstanding the termination of this Agreement.

Disputes and Governing Law. The parties hereto will use their reasonable best efforts to resolve any dispute hereunder through good faith negotiations. The Company shall contact you using the information you provided in your Account, and you shall contact the Company as set forth under Section 19.2 (Customer Service).

20.8.1 You and the Company agree that any and all controversies and claims that cannot be resolved amicably will be submitted to the exclusive jurisdiction of the competent courts located in London, England and shall be governed by the laws of England and Wales without giving effect to its principles or rules of conflict of laws, to the extent such principles or rules are not mandatorily applicable by statute and would permit or require the application of the laws of another jurisdiction.

20.8.2 All parties agree to keep confidential all matters relating to the arbitration, including related court proceedings, if any, to the greatest extent practicable. For purposes of this arbitration provision, references to the parties also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as Members or beneficiaries of the Company’s Services.

Force Majeure. In no event shall the Company be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that the Company shall undertake reasonable efforts which are consistent with accepted practices in the wider financial industry to resume performance as soon as practicable under any such circumstances.

English Language Controls. Any translation of the Terms of Use, if provided, is provided solely for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.