2. Provided Services1. ChangeHero provides you with an opportunity to exchange one type of crypto asset to another.2. Here to indicate that "Exchange" be understood as an exchange of crypto asset of one type to the crypto asset of another under the terms and conditions agreed by the exchanging parties. This exchanging operation is carried out via a third-party service in the respective blockchain network. When you exchange crypto assets you acknowledge and agree that the Exchange will be processed through the third-party exchange service with additional fees applicable to such Exchange. You acknowledge and agree that on the “Standart rate” mode the exchange rates information made available via the Services are an estimation only and may differ from prevailing rates available via other sources outside of our Services. You acknowledge and agree that on the “Fixed rate” mode ChangeHero has the right to refuse to conduct a transaction through ChangeHero platform if the rate has changed by more than 2% with an immediate refund of funds to the User (if the User has already sent funds).3. Hereto "Crypto Assets" shall be understood as type of assets which can only and solely be transferred through blockchain technology, including but not limited to digital coins and digital tokens and any other type of digital mediums of exchange such as Bitcoin, Ethereum, Ripple, etc, to the full and absolute exempt of the securities of any kind.4. To be able to avail the services, you should consent to pass through AML/KYC procedures that may be implemented on you according to our internal AML/KYC policies. During these procedures, ChangeHero reserves the right to request additional information and documents which are intended without limitation to identify our User and to prove the source of the funds.5. To carry out the Exchange via our services, our system automatically generates the particular address that contains information about the customer; pairs the crypto asset that User wants to exchange and the crypto asset that User wants to receive (jointly - "crypto pair"); and the recipient address provided by the User (the address where exchanged crypto assets be deposited). All addresses are reusable only for standard rates transactions: those addresses can be used to perform an unlimited amount of transactions with the same parameters. If crypto pair and/or recipient address change, a new address will be generated by our system.6. YOU RECOMPENSE AND HOLD CHANGEHERO INNOCUOUS AGAINST ANY DIRECT OR INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, OR DAMAGES OF ANY KIND, INCLUDING BUT NOT RESTRICTED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OUR SERVICES, INCLUDING BUT NOT LIMITED TO THOSE ARISING FROM YOUR PERSONAL ERROR AND MISBEHAVIOR SUCH AS INCORRECT USE OF REUSABLE ADDRESS, INCORRECTLY CONSTRUCTED TRANSACTIONS ETC.7. CHANGEHERO DOES NOT PROVIDE SAFEKEEPING SERVICES, WHICH IMPLIES, WE DO NOT PROVIDE SERVICES OFFERING TO STORE CRYPTO ASSETS ON DEPOSITS OR BALANCES. YOUR EXCHANGE MAY BE DELAYED IN SOME CASES SUCH AS THE REQUIREMENT TO PASS THROUGH AML/KYC PROCEDURE. YOU HEREBY UNDERSTAND AND ACKNOWLEDGE, THAT ANY DELAYS ARE POSSIBLE; YOU INDEMNIFY AND HOLD US HARMLESS AGAINST ANY CLAIMS, DEMANDS AND DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE EXCHANGE DELAY, WHETHER ORIGINATED FROM OUR FAULT OR NOT.
3. Refund policy for the fixed rates exchange transactions1. User understands, that cryptocurrency and Crypto Assets are generally irreversible, and their exchange rates are highly volatile and transitory. ChangeHero is not taking responsibility for any risk in use of ChangeHero, including but not limited to exchange rate risk and market risk. All sales and transactions after the successful ChangeHero exchange are final and the amount is non-refundable.2. There are a number of cases when the transaction cannot be completed by CangeHero and Crypto Assets may be refunded to User depending on ChangeHero decision. Such cases include but not limited at:
3. ChangeHero handles refund requests from the Users on a case-by-case basis. Any decisions by ChangeHero with respect to refunds or exchanges are final.4. In case of a positive decision, the Digital Asset will be sent either to the specified by Userrefund address (for Fixed rate exchanges) or to the address provided by User to ChangeHero support team within 10 days after the transaction initiation (for Standard rate exchanges). ChangeHero transfer assets to User’s wallet address except the network fee and ChangeHero refund fee in amount of 10% from transferred assets but not less than 20 USD equivalent (at the refund time rate).5. In case the transaction was made on a partner’s platform(any other website, application, service, etc. other than ChangeHero), ChangeHero is not responsible for the refund procedure. Should this happen, a User must apply for the refund on the partner’s platform where the transaction was made.6. In case the User does not wish to disclose their identity for certain reasons and refuses to undergo the KYC/AML procedure, ChangeHero has the right to terminate the exchange and the deposited funds are then transferred back to the initial address the deposit was made from, subtracting the network fee and ChangeHero operational fee in 100 USD equivalent.
- 1. Crypto Assets, sent by User don't correspond to the Crypto Assets wallet address provided by ChangeHero;
- 2. Crypto Assets sent to address, that differs from the initial address, provided by ChangeHero for the particular transaction;
- 3. User send assets later than 10 minutes after User confirm the transaction on the Fixed rates exchange mode;
- 4. User sent Crypto Assets in an amount that doesn’t correspond to the initial amount of assets confirmed by User before Crypto Assets transfer;
- 5. If there are dramatic changes in the cryptocurrency market, ChangeHero can not exchange Cryptocurrency on the fixed rate. In this case, ChangeHero shall carry out exchange transactions at the market rate or return the Cryptocurrency to the User at the choice of the latter.
The Parties agree that under “dramatic changes in the cryptocurrency market” they understand the changes in the cryptocurrency rates equal to 2% or higher in any direction.
- 6. ChangeHero only accepts one deposit per transaction ID (TXID) on the Fixed rate exchanges. If your funds are deposited in a TXID with more than one deposit, you will need to contact support to receive a refund. The exchange rate will not be honored and your exchange cannot be completed.
- 7. User sent Crypto Assets in an amount below the minimum limits determined on the Website, therefore transaction can not be completed.
4. AML and KYC procedure1. ChangeHero reserves the right to apply the AML/KYC procedure to particular Users, addresses and particular transactions of crypto assets.2. The up-to-date information on the AML/KYC procedures can always be found at changehero.io website.3. In case the User refuses to undergo the KYC/AML procedure, refund policy is carried out in accordance with Paragraph 3.6 of the Terms.
5. Eligibility1. Prior to your use of the Services and on an ongoing basis you represent, warrant, covenant and agree that:
2. You are solely responsible for your actions and/or inactions while availing our services. Furthermore, you concur and authorize that you will not violate any law, contract, third-party right or perpetrate by accessing or using the services. Without prejudice to the foregoing, you represent, agree and warrant, that YOU WILL NOT:
- 1. You use our services at your sole purpose, discretion and risk;
- 2. You are solely responsible for any applicable taxes which may be payable while using our Services;
- 3. You are NOT in, under the control of, or a national or resident of Cuba, Iran, North Korea, Crimea, Sudan, Syria, United States of America (including all USA territories like Puerto Rico, American Samoa, Guam, Northern Mariana Island, and the US Virgin Islands (St. Croix, St. John and St. Thomas), Bangladesh and Bolivia, as well as any other country subject to United Nations Security Council Sanctions List and its equivalent ("Prohibited Jurisdictions"). ChangeHero makes no attempt to operate in Prohibited Jurisdictions. ChangeHero holds the right to select its markets, jurisdictions to operate and may restrain or deny its services to specific countries at any moment.
- 4. You are at least 16 years old or of other legal age, according to your relevant jurisdiction;
- 5. You agree to pay the fees for Exchanges completed via Services as defined by ChangeHero, which We may change from time to time;
- 6. There are some risks connected with the Internet-based system, such as failure of hardware, software and internet connections. Perils with the Blockchain Protocol, such as malfunction, unintended function, unexpected functioning or attack on the Blockchain protocol;
- 7. You guarantee that the crypto assets are solely yours and not sold, hampered, not in contention, or under seizure, and not under the control of any third party.
- 8. You shall provide accurate information for performing Exchange (e.g. pay-in and pay-out wallet address). Such wallet addresses shall not be affiliated with terrorism, scam, fraudulent or any type of illegal activity.
3. YOU RECOMPENSE AND HOLD CHANGEHERO INNOCUOUS AGAINST ANY CLAIMS, DEMANDS AND DAMAGES WHETHER DIRECT OR INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES OR DAMAGES OF ANY KIND, INCLUDING BUT NOT RESTRICTED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA OR LOSS OF ASSETS, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ORIGINATED FROM OR IN ANY WAY CONNECTED WITH INVALIDITY OR BREACH OF ANY OF THE PROVISIONS OF THIS SECTION AND THE ENTIRE TERMS.
- 1. Use our services or will promptly stop using them if any relevant law in your country forbids or will prohibit you at any moment from doing so;
- 2. Use our service to take part in fraudulent, scam or any type of illegal activity;
- 3. Use our services to either exchange or pay-in crypto assets which are sourced from illegal gambling activities; fraud; money-laundering; or terrorist activities; or any other illegal activities. Crypto assets obtained from legitimate sources can only be used by the User to avail our services;
- 4. Provide false, inaccurate, or misleading information;
- 5. Attempt to modify, decompile, reverse-engineer or disassemble our software in any way;
- 6. Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data;
- 7. Attempt to bypass any content screening techniques we employ or attempt to access any service or area of our services which are not authorized for access to the Users;
- 8. Develop any third-party applications that interact with our Services without our prior written consent; AND
- 9. Encourage or induce any third party to engage in any of the activities prohibited under this Section.
6. Third-Party Content and Services1. Hereto, "Third-Party Content" shall be understood as the content provided by third parties, including but not limited to webpages of such parties which may be represented on the website or other services. At the same time "Third-party service" refers to any platform or network in which crypto assets belong to you or where you are the beneficial owner of crypto assets; and this platform is maintained by a third party outside of the Services; including, but not limited to third-party accounts.2. No control over third-party services. The third-party service provider may charge you some fees. You are solely responsible for your use of the third-party service, and you agree to comply with all terms and conditions applicable to any third-party service.3. Fiat-to-crypto services are provided by third-parties and ChangeHero is not liable for any third-party's actions and circumstances.4. THE DISCREPANCY IN THE EXCHANGE RATES IS POSSIBLE AT ANY MOMENT DUE TO THE THIRD-PARTY ALGORITHMS. YOU RECOMPENSE AND HOLD CHANGEHERO INNOCUOUS AGAINST ANY CLAIMS, DEMANDS AND DAMAGES WHETHER DIRECT OR INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES OR DAMAGES OF ANY KIND, INCLUDING BUT NOT RESTRICTED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE AFORESAID EXCHANGE RATES DISCREPANCY WHICH IS BELOW 10 USD.5. Whilst availing our services, you may view Third-Party Content. ChangeHero does not regulate, promote or embrace (unless otherwise stated by us) any Third-Party Content and shall have no liability 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. We are 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.
7. Intellectual Property1. All our intellectual property assets ("IP") including but not limited to all copyrights, trademarks, patents, service marks, trade names, software code, icons, logos, characters, layouts, trade secrets, buttons, color scheme and graphics are protected by local and international intellectual property laws and treaties.2. We hereby grant you a limited, nonexclusive and non-sublicensable license to access and use our IP for your personal use only.3. Under no circumstances, you are not permitted to alter, modify, reproduce, distribute or commercially exploit any materials, including text, graphics, video, audio, software code, User interface design or logos.4. The license issued under this section will automatically be ceased if we suspend or terminate your access to the services.5. You automatically grant us a worldwide license to use your content in case you uploaded or provided any feedback, suggestion, idea, other information or material ("Content").It becomes part of the public domain as long as it remains on our Website and Services. It can be used for marketing or any other purposes at our sole discretion.
8. Communications1. You approve and authorize to receive electronically all Communications, that ChangeHero may be willing to communicate to you in connection with your ChangeHero Account and/or use of our Services. For the purposes hereof “Communications” shall mean all and any communication, agreement, document, receipt, notice and disclosure, which may be from time to time addressed to User by ChangeHero. By providing a withdrawal notice to the support, you may retreat your consent to receive electronic communications. If this is a case you waive your right to plead ignorance. If you decline or withdraw consent to receive electronic Communications, ChangeHero may suspend or terminate your use of the Services. By disclosing any information about yourself, including private information, your addresses and financial data, you provide an opportunity for ChangeHero to use it in order to solve our user/Users problems.
9. Limitation of Liabilities1. EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY US, OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO OUR SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.2. EXCEPT AS OTHERWISE REQUIRED BY LAW, IN NO EVENT SHALL CHANGEHERO, OUR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM CHANGEHERO, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO CHANGEHERO'S RECORDS, PROGRAMS OR SERVICES.3. Check the details of your exchange before proceeding with the transaction as exchanges via our services cannot be canceled or dropped by ChangeHero. ChangeHero is not responsible for your crypto assets once they have been sent outside of the Services. Moreover, ChangeHero doesn’t guarantee the uptime of the exchange.4. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CHANGEHERO (INCLUDING OUR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES AND AGENTS), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, CHANGEHERO OR TO THESE TERMS EXCEED THE FEES PAID BY YOU TO CHANGEHERO WITHIN 3 MONTHS IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH LIABILITY.5. ChangeHero strives to safeguard its Users from fraudulent and scam activities in the crypto world. In some cases, crypto assets can be exploited to support the unlawful seizure of the property, or are construed as a fraud, scam or any other activity, recognized by the laws as illegal and/or non-compliant with legal requirements. ChangeHero cooperates with law enforcement agencies and other competent authorities in order to determine and disclose such crypto assets. We reserve the right to prohibit and discontinue any Exchanges via our Services with such crypto asset at our sole discretion, without any prior notice to you and without publication of the reason for such decision, whenever this comes to our knowledge. YOU RECOMPENSE AND HOLD CHANGEHERO INNOCUOUS AGAINST ANY CLAIMS, DEMANDS AND DAMAGES WHETHER DIRECT OR INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES OR DAMAGES OF ANY KIND, INCLUDING BUT NOT RESTRICTED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ORIGINATED FROM OR IN ANY WAY CONNECTED WITH PROHIBITION AND DISCONTINUATION OF EXCHANGES IN OUR WEBSITE WITH ANY CRYPTO ASSET.
10. No Offer of Securities1. ChangeHero ensures all possible measures are taken to integrate and exchange those digital coins and digital tokens and other types of digital mediums of exchange only that cannot be classified as “security“ by SEC or other competent national authorities.2. The responsibility for the fact that the crypto asset cannot be treated as “security“ lies with the owner of the digital token and/or digital coin. ChangeHero reserves the right at its sole discretion to prohibit and discontinue any exchanges (as well as any other type of transaction) with the token or the coin if there is any risk or speculations that such token and/or coin can be treated as “security“.3. We follow the best practices to decide whether crypto assets are security or not. However, for the avoidance of any doubt the provisions of this clause shall not constitute or deemed to be construed to constitute any warranty and/or investment, financial, legal or any other professional advice, that any crypto asset available through our Services is not a security.
11. Termination of the TermsWe reserve the right to terminate these Terms and delete your ChangeHero Account and registration (including your username and password) in the following cases:
- 1. If for any reason We decide to discontinue to provide the Service, by providing at least a 3 (three) calendar days’ notice (which shall be provided on changehero.io website);
- 2. If We believe that you have breached any of the terms of these Terms, immediately without notice;
- 3. If We decide to terminate our Services, immediately without notice.
12. Applicable Law; Arbitration1. You and ChangeHero agree to arbitrate any dispute arising from these Terms or your use of the Services, except for disputes in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents.2. You and ChangeHero agree to notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to ChangeHero shall be sent to [email protected]3. Any dispute, controversy, difference or claim arising out of or relating to the Terms, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted.4. The law of this arbitration clause shall be Hong Kong law.5. The seat of arbitration shall be in Hong Kong.6. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in the English language.7. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by these Terms and the laws of Hong Kong, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.8. Whether the dispute is heard in arbitration or in court, you will not commence against ChangeHero a class action, class arbitration or representative action or proceeding.
13. Miscellaneous1. In the event of any conflict between these Terms and any other agreement you may have with ChangeHero, the terms of that other agreement will prevail only if these Terms are specifically identified and declared to be overridden by such other agreement.2. Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.3. 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.4. You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from ChangeHero, including by operation of law or in connection with any change of control. ChangeHero may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.