Coinmy (hereinafter referred to as "Coinmy" or "we") is the operator of the "Platform" (as defined below) and the provider of the "Services" (as defined below). These Terms of Use (hereinafter referred to as the "Terms") constitute a legally binding agreement between Coinmy and you (hereinafter referred to as "you" or "User"), and govern your access to the Platform and use of the Services.
Any additional terms and documents (including, but not limited to, the Fee Schedule, Risk Disclosure, and Privacy Policy, and any applicable Product Terms), conditions, restrictions, disclaimers, and obligations are incorporated into these Terms by reference.
You should read these Terms carefully. By accessing the Platform and/or using the Services, you are deemed to have read and irrevocably agreed to these Terms, which Coinmy may modify and/or supplement at any time without prior notice.
Risk Warning
Digital Asset (as defined below) trading involves significant risks and may not be suitable for all investors. The value of Digital Assets may fluctuate significantly on any given day and may be affected by external factors such as financial or political events. The volatility and unpredictability of prices may result in significant losses, including the potential loss of your entire investment in a short period of time. You are responsible for considering your own financial circumstances to determine whether purchasing, selling, or holding Digital Assets is suitable for you.
Digital Asset activities conducted in some jurisdictions may be unregulated or subject to limited regulation. Any regulatory changes or actions by any authorities unrelated to Coinmy may adversely affect the use, transfer, exchange, and value of Digital Assets. The government of the country in which the User is located may stipulate that it is illegal for the User to trade Digital Assets.
Please read our Risk Disclosure for more information about the risks associated with accessing the Platform and/or using the Services. However, this document does not explain all possible risks or how those risks relate to your personal circumstances. You should fully understand the risks involved before accessing the Platform and/or using the Services.
Coinmy does not have any fiduciary relationship or obligation with you regarding any Transaction (as defined below) or other activity you conduct while using the Services. We are not your broker, intermediary, agent, or advisor, and we do not provide any form of financial, investment, or advisory advice. Any communication or information we provide to you shall not be deemed or construed as any form of advice.
You acknowledge that your use of the Services is at your own risk, and you must independently review and evaluate whether the Services are suitable for you based on your specific investment objectives, financial condition, risk tolerance, investment experience, knowledge, and needs. You shall be responsible for any losses or liabilities. We do not recommend purchasing, earning, selling, or holding any Digital Assets. Before purchasing, selling, or holding any Digital Assets, you must conduct your own due diligence and, if necessary, consult your financial, tax, and other advisors. Coinmy takes reasonable measures to ensure the accuracy of the information on the Website. We are not responsible for any losses you may incur in connection with purchasing, selling, or holding Digital Assets, including but not limited to any losses caused directly or indirectly by the use of or reliance on such information provided by us.
1. Definitions
In these Terms, unless the context otherwise requires, the following words and expressions shall have the following meanings:
"Account" means any account or sub-account maintained by Coinmy for you.
"Account Credentials" means your Account information, username, password, personal identification number, API keys, API secret, or any other codes or forms of authentication used by you to access your Account or the Services or to send Instructions.
"Account History" means a written record, including electronic records, of your Transactions and your Account.
"Affiliate" means an individual, entity, or corporation that directly or indirectly controls, is directly or indirectly controlled by, or is under common direct or indirect control with, another individual, entity, or corporation.
"Airdrop" means the distribution or attempted distribution of any Digital Assets by a Digital Asset network to Digital Asset addresses that support the network.
"API" means the application programming interfaces provided by Coinmy, its Affiliates, or third-party applications reliant on the API.
"Applicable Law" means all relevant or applicable statutes, laws, equitable principles, rules, regulations, regulatory principles and requirements, notices, orders, writs, injunctions, judgments, by-laws, awards, directions, pronouncements, notices, mandatory codes of conduct, guidelines, practice notes, and any other product or deliverable interpretation issued by any governmental or regulatory authority that is applicable to the provision, receipt, or use of the Services, or related to the Services, these Terms, or other applicable terms and conditions.
"Authorised Person" means any person identified and notified by you to us who is authorised to act on behalf of the User in respect of any Corporate Account.
"Available Digital Assets" means the Digital Assets available on the Platform in connection with the Services, which may change from time to time.
"Coinmy IP" means all Intellectual Property owned by or licensed to Coinmy.
"Corporate Account" means an Account maintained by Coinmy to provide Services to a corporation, entity, or other organisation.
"Digital Asset" means a digital representation of value or rights that can be electronically transferred and stored, using distributed ledger technology or similar technology, including but not limited to cryptocurrencies, stablecoins, non-fungible tokens, and tokenised derivatives of any other digital asset. Digital Assets do not include Fiat Currency (as defined below).
"Dominant Digital Asset" means a Forked Digital Asset determined by Coinmy, at its sole discretion, to have dominance relative to one or more other versions of the Digital Asset resulting from the relevant Fork.
"Fiat Currency" means any national or supranational currency issued by a government or central bank that is not a Digital Asset, or other monetary obligations denominated in such currency.
"Fork" means any planned, unplanned, sudden, scheduled, anticipated, unexpected, publicised, unpublicised, agreed, and/or contentious change to the fundamental operating rules of certain Digital Assets that occurs from time to time, which creates one or more versions associated with the existing Digital Asset.
"Improper Intent" means a situation where Coinmy reasonably determines that you may be engaging in suspected or actual market manipulation and/or market abuse, including but not limited to profiting from a price that is not reflective of the current market price at which a trade is executable, or improperly taking advantage of the way Coinmy provides prices.
"Instruction" means any instruction, request, or order given by you or an Authorised Person to Coinmy, in the medium, form, and manner that Coinmy may require, in relation to the operation of your Account or the execution of any Transaction.
"Intellectual Property" means (i) registered and unregistered copyrights, patents, database rights, and rights in trademarks, designs, know-how, and confidential information; (ii) applications for registration and the right to apply for registration for any of the foregoing; and (iii) all other intellectual property rights and equivalent or similar forms of protection existing anywhere in the world.
"Network Event" in relation to a Digital Asset means any event (other than an Airdrop or Fork) on the blockchain or smart contract underlying the Digital Asset that is outside of our control and results in (a) Coinmy or a third party losing control or ownership of the virtual asset; or (b) the transaction history on the blockchain being altered, reversed, or otherwise rendered invalid, whether through fraudulent behaviour or consensus, which shall include but not be limited to any double-spend attack, 51% attack, or blockchain reorganisation, in each case as determined by Coinmy in good faith and at its sole discretion.
"Platform" means the digital platform that Coinmy or its Affiliates may make available to you through the Website, mobile applications, APIs, or other means stipulated by Coinmy or its Affiliates from time to time.
"Product Terms" means the specific product terms and conditions applicable to the use of the Services.
"Prohibited Countries/Regions" means the following countries/regions and other locations designated by Coinmy from time to time, including Canada (Alberta), Crimea, Donetsk, Luhansk, Cuba, Hong Kong, Iran, North Korea, Singapore, Sudan, Syria, the United States (including the following US territories: Puerto Rico, Guam, US Virgin Islands, American Samoa, and the Northern Mariana Islands, and the following US minor outlying islands: Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Atoll, Navassa Island, Palmyra Atoll, and Wake Island), Iraq, Libya, Yemen, Afghanistan, Central African Republic, Democratic Republic of the Congo, Guinea-Bissau, Haiti, Lebanon, Somalia, Netherlands, and South Sudan.
"Restricted Person" means a person who is on any trade embargo or economic sanctions, terrorism or corrupt foreign official list (such as the United Nations Security Council sanctions list, lists issued by government agencies, including the list maintained by the US Treasury Department's Office of Foreign Assets Control (OFAC), the US Department of Commerce's Denied Persons or Entity lists, or lists issued by the UK, EU, Canada), or who is located in, or is a citizen or resident of, a Prohibited Country/Region.
"Risk Disclosure" means the risk disclosure statement published by Coinmy on the Website.
"Services" means the services provided to you by Coinmy through the Platform.
"Transaction" means the sale, purchase, or entering into, or agreeing to sell, purchase, or enter into, any Digital Assets, derivatives, other assets, or products that Coinmy may permit on the Platform from time to time, and any other type of transaction involving the transfer of Digital Assets into or out of your Account.
"US Person" means any natural person who is a citizen or resident of the United States, or any entity incorporated, organised, or operating in the United States, or any entity whose directors, ultimate beneficial owners, or authorised persons are citizens or residents of the United States.
"User IP" means the Intellectual Property owned by or licensed to you as of the effective date of these Terms, and any other Intellectual Property owned by, acquired by, or licensed to you after the effective date of these Terms, excluding the Coinmy IP.
"User-Created IP" means any Intellectual Property created by you under these Terms, including User Materials, but excluding User IP.
"User Materials" means the Intellectual Property in any comments, posts, information, data, and opinions provided by you or other Users to Coinmy on the Website or Platform through the use of the Services or otherwise.
"Website" means www.Coinmy.com and any other website, webpage, feature, or content owned or operated by Coinmy.
2. Eligibility
You must register an Account on the Platform before using the Services. To be eligible to register an Account and use the Services, you must:
2.1 Be an individual, company, or other organisation with the full power and capacity to access and use the Services and to enter into and comply with the obligations of these Terms;
2.2 Be at least 18 years of age (if you are an individual);
2.3 Be duly authorised to act on behalf of the legal entity and bind the entity by entering into these Terms (if you are an employee or agent of a legal entity and are signing these Terms on its behalf);
2.4 Not have been suspended or removed from using the Services;
2.5 Not currently have an Account;
2.6 Not be accessing the Services from a jurisdiction where the use of the Services is prohibited or restricted, or where the use of the Services constitutes a violation of law;
2.7 Not be prohibited, restricted, unauthorised, or ineligible to use the Services (in whole or in part) in any form or by any means due to these Terms, law, or regulatory requirements; or
2.8 Not be a Restricted Person.
3. Services
3.1 Once you open an Account with Coinmy, you may use the Services subject to these Terms and the applicable Product Terms. You acknowledge and agree that some Services may be provided by Coinmy's Affiliates.
3.2 The Platform provides you with the following Services (the scope of which may be updated from time to time):
(i) Information related to Digital Asset project disclosures, including real-time quotations and Transaction information;
(ii) Digital Asset trading services;
(iii) Customer service;
(iv) Technical and administrative services to ensure the normal operation of the Platform; and
(v) Other services publicly announced by the Platform.
3.3 Fiat Currency Services
(i) For the avoidance of doubt, Coinmy does not conduct or offer any currency exchange services from one Fiat Currency to another.
(ii) Coinmy does not provide Fiat Currency services for the exchange of Fiat Currency into cryptocurrency and/or cryptocurrency into Fiat Currency, but you can use the same services available on Coinmy. All Fiat Currency services provided (whether on Coinmy or through redirection to a third-party website) are offered by third-party providers (the "Fiat Service Providers").
(iii) If you wish to use the Fiat Currency services, you must agree to any terms and conditions, rules, or policies provided by our Fiat Service Providers and provide any information that may be required to use such services. In this regard, all Fiat Currency services shall be subject to the terms and conditions of our Fiat Service Providers.
4. Fees and Taxes
4.1 You agree to pay all applicable fees related to your use of the Services, as stipulated in the Fee Schedule below or otherwise communicated to you in any applicable Product Terms.
4.2 Any calculation of the Services fees by us shall be final and binding on you. We will make calculations at our reasonable discretion, in good faith, based on the established method for the relevant service.
4.3 You authorise the Company to deduct all applicable fees, commissions, interest, charges, and other amounts owed by you from your Account, in accordance with these Terms or any Product Terms, and calculated as set out in the Fee Schedule. If you owe us a certain Digital Asset but your balance in that Digital Asset is insufficient, we may deduct this outstanding amount from your other Digital Assets as repayment (in which case, we will convert the Digital Asset you hold into the Digital Asset you owe at the prevailing exchange rate offered on the Platform or at such other commercially reasonable exchange rate as we may determine from time to time). If you do not have sufficient Digital Assets in your Account, you acknowledge that any amount due and payable under these Terms constitutes an immediately due and payable debt, the amount and form (whether in Digital Asset or otherwise) of which shall be determined by us in a commercially reasonable manner.
4.4 We may adjust the fees or the Fee Schedule, including adding new fees and/or charges. If you do not wish to accept such an adjustment, you may close your Account. Your continued access to or use of the Services will be deemed as acceptance of the updated fees.
4.5 You are responsible for determining whether any taxes (if any) apply to payments you make or receive, and for collecting, reporting, and remitting the correct tax to the relevant tax authority. You agree that Coinmy is not responsible for determining whether any taxes apply to your use of the Services, or for collecting, reporting, or remitting any taxes arising from any Transaction or use of the Services. You acknowledge that we may report certain transactions on the Platform to tax authorities, and we may, at our sole discretion or as required by Applicable Law, provide you with additional documentation or records needed to calculate any tax obligations. We may also, at our sole discretion, withhold and deduct any taxes required by Applicable Law at the source.
5. About Your Account
Account Opening
5.1 To access the Platform and use the Services, you must register for an Account. You may register an Account as an individual User or a corporate Account for a company, entity, or other organisation. All Accounts are provided at our sole discretion. Coinmy reserves the right to refuse any Account application without reason.
5.2 If you are an individual User, you may only use your Account for yourself and not on behalf of any third party. If you are a corporate User, an Authorised Person may only use the Account for your benefit and not on behalf of any third party. You must not provide direct market access to the Platform to any other party, including through the use of sub-accounts, unless that other party has completed the identity verification we deem appropriate and has independently logged into the Platform. Any other party that is authenticated shall be deemed an Authorised Person. You agree to assume full responsibility for all activities in your Account and bear all risks and losses that may arise therefrom.
5.3 Before opening an Account with Coinmy, you need to comply with our identity verification procedures. We may also require you to provide us with certain information about yourself and, where relevant, all Authorised Persons, in order for you to access and use the Services. For the avoidance of doubt, if you are an individual User, you must not have more than one Account. You agree that:
(i) All information you provide must be complete, accurate, and true. You must promptly update the information if there are any changes.
(ii) You authorise us to conduct such inquiries as we deem necessary to verify your and/or the Authorised Person's identity, or to protect you and/or us from fraud, money laundering, terrorism financing, or other financial crimes, and to take any action we deem necessary based on the results of the inquiries.
(iii) When we conduct inquiries, you acknowledge and understand that your and any Authorised Person's personal data may be disclosed to agencies for identity verification, compliance data recording, credit reference, fraud or financial crime prevention, and these agencies may respond fully to our inquiries.
(iv) We may also require you to comply with our enhanced due diligence procedures, submit further information about you, your business, or your Authorised Persons, provide more records or documents, or conduct an interview with our representatives.
(v) We retain your personal data for as long as is necessary to fulfil the goals stated in this Privacy Policy or as required by Applicable Law, compliance with anti-money laundering laws, or otherwise notified to you, in order for you to continue using our Services.
(vi) You may review our Privacy Policy for further details on how we handle your personal data.
Account Maintenance
5.4 We may require you to provide information at any time for the purpose of complying with any Applicable Law or identity verification requirements, or in connection with the detection of money laundering, terrorism financing, fraud, or any other financial crime, or for any other legitimate reason. You agree to provide us with any such information we request and allow us to retain all records of transaction information for as long as is necessary to achieve the intended purpose during the term of your Account or for such other period as prescribed by Applicable Law.
5.5 Depending on the information collected about you, your access to the Account and the Transaction limitations applicable to your use of the Services may change continuously. If there is reason to suspect that any information you provided is incorrect, untrue, outdated, or incomplete, we may issue a notice to you, requesting you to correct, delete the relevant information, or take other measures we deem necessary to ensure the truthfulness and correctness of the provided information.
5.6 You must comply with any information request issued by us to you. If you refuse to provide the requested information or fail to provide it in a timely manner, we reserve the right to immediately suspend or terminate your access to the Account or all or part of the Services without prior notice.
5.7 You must ensure that any Account registered in your name is not used by anyone other than yourself, or, if you are a corporate User, by the Authorised Person.
Account Information and Transaction Records
5.8 You can view the Account History in your Account. All records related to the Account or Services are for your reference only. Notwithstanding anything to the contrary in these Terms, if the information displayed on or provided through the Platform is inconsistent with the information in our records, our records shall prevail, unless there is an obvious error.
5.9 You are responsible for checking the Account History for any errors. If any error or unauthorised entry or Transaction occurs, you must report it to us within five calendar days from the date the Account History was provided to you.
5.10 We may correct any errors in your Account History at any time and reserve the right to withdraw, cancel, or reverse any Transaction that involves or resulted from an error, or to adjust the relevant Transaction to correct the error, or retain the right to act as relevant in the event of reasonable grounds.
5.11 We may be required to share information about your Account and Account History with third parties and/or our Affiliates in accordance with these Terms or Applicable Law. You acknowledge and agree that we have the right to disclose such information.
Account Security
5.12 You are responsible for taking appropriate measures to protect your hardware and data from viruses, malware, and any inappropriate material. Unless otherwise required by Applicable Law, you are responsible for backing up and maintaining copies of any information you store or transmit through our Services. We shall not be liable for any claims or losses arising from your failure to comply with these Terms.
5.13 You and any Authorised Person shall at all times fully maintain the security and have adequate control over all Account Credentials. You and the Authorised Person are responsible for taking necessary security measures to protect your Account and keep the Account Credentials secure. You must keep the Account Credentials secure and protect them from any attack and unauthorised access. If you have learned or have reason to suspect that the security of your Account or the email associated with your Account, or the Account of an Authorised Person has been compromised, or that any unauthorised use of your or any Authorised Person's Account or email account has occurred, you must immediately notify us.
5.14 You must closely monitor your Account History and notify us as soon as possible if any unauthorised or suspicious activity occurs in your Account.
5.15 If you suspect a security breach, you must immediately notify us and continue to provide us with accurate and up-to-date information throughout the duration of the security breach. Your Account can be locked immediately by using the Platform's disabled account feature or any other method we may prescribe from time to time. You should cooperate with the measures we may reasonably request to mitigate, manage, or report any security breach. We reserve the right to immediately request and you agree to cooperate in providing any and all information and documentation we deem relevant or necessary in connection with a proven or suspected security breach. You acknowledge and agree that we may provide such information to any third party we deem necessary to investigate or resolve any security breach.
Account Closure
5.16 You may close your Account at any time by following the Account termination procedures stipulated by us from time to time. You must pay any outstanding amounts. You authorise us to cancel or suspend any pending Transactions and deduct any outstanding amounts owed to us from your Account upon Account closure.
5.17 You may not be able to close your Account in the following circumstances:
(i) You are attempting to evade an investigation by relevant authorities;
(ii) You have pending Transactions or outstanding claims;
(iii) Your Account has outstanding amounts;
(iv) Your Account has been frozen, suspended, restricted, or retained; or
(v) Other reasons determined by us at our sole discretion.
6. Transactions
6.1 You may enter into Transactions directly with us or directly with other Users, including Transactions facilitated and not facilitated by us. We do not represent or guarantee that all Transactions will be successfully completed or completed within a specific time.
6.2 You are responsible for controlling and using your Account. You or an Authorised Person are deemed to be authorised to issue any Instruction from your Account. You are responsible for closely monitoring your Account History and notifying us as soon as possible if any unauthorised or suspicious activity occurs in your Account. We shall not be liable for any claims or losses resulting from Transactions executed due to unauthorised Instructions (including errors, negligence, mistakes, or fraud), unless it can be proven that the unauthorised Instruction was solely due to our technical issues.
6.3 To comply with data retention requirements, you agree to allow us (agree, not mandate) to retain all records of Transaction information for as long as is necessary to achieve the intended purpose during the term of your Account or for such other period as prescribed by Applicable Law. Please read our Privacy Policy to understand how we collect and use data related to the use of our Platform and Services.
6.4 You acknowledge and agree that if you execute any Transaction with Improper Intent and/or execute any Transaction in error, Coinmy reserves the right (without payment of any amount, penalty, or assumption of any liability, and provided the handling measures comply with Applicable Law) to take any of the following actions:
(i) Cancel the Transaction/declare the Transaction void, making it as if the Transaction was never made; or
(ii) Revise the price of the Transaction to reflect the prevailing market price during the relevant period (as determined by us with reference to available sources of fair market value).
You acknowledge and agree that you shall be solely responsible for any Transactions you enter into with any third party that are related to or may be cancelled/modified based on our rights set out herein.
Transaction Limitations
6.5 Your Account may be subject to limitations on (i) the amount or volume of Transactions you conduct or (ii) the amount or value of Digital Assets transferred into or out of your Account.
6.6 We reserve the right to change any Transaction limits applicable to your Account at our sole discretion at any time. You may also apply to change the limits. Any change shall be at our sole discretion and subject to such other conditions as we deem necessary.
7. Instructions
7.1 You must ensure that any Instruction submitted is complete and accurate. We are not obliged to verify the accuracy, authenticity, or validity of any Instruction, nor to monitor or refuse to execute an Instruction due to it being repetitive or seemingly repetitive. However, if we have doubts about the accuracy, authenticity, or validity of an Instruction, we may refuse to execute or delay the execution of any Instruction, or request you to provide further information.
7.2 Instructions are irrevocable. Once an Instruction is submitted by you or an Authorised Person, you may not revoke or withdraw the Instruction without our written consent. The communication of an Instruction shall be deemed to occur when our server receives your Instruction. Our record of all Instructions shall be conclusive and binding on you for all purposes.
7.3 By submitting an Instruction, you or an Authorised Person authorise us to initiate the Transaction in your Account. Accordingly, we are entitled to credit or debit your Digital Assets in your Account (or provide settlement information to a third party so that the third party may credit or debit) pursuant to your Instruction. You are responsible for ensuring that the Digital Asset balance in your Account is sufficient. If your Account has insufficient Digital Assets to conduct the Transaction (i.e., less than the total amount required to settle the Transaction and pay all associated fees), we reserve the right to refuse to conduct any Transaction. Coinmy may also refuse to execute Instructions to the extent permitted by these Terms.
7.4 You acknowledge that Instructions and information sent on the Platform or via email are generally transmitted over the internet and may pass through unprotected public, transnational facilities. We cannot guarantee that the transmitted Instructions and information will be completely protected from unauthorised access, and you must accept the related risks.
7.5 Subject to these Terms and any applicable Product Terms, and provided that your Account has sufficient balance and does not hold relevant Digital Assets related to any Service, you may submit a withdrawal request on the Platform, instructing Coinmy to transfer Digital Assets to an external wallet address. Upon receiving the withdrawal request, we will (i) deduct the corresponding amount from your Account balance; and (ii) initiate an on-chain transfer to the external wallet address you specify. If we believe that Applicable Law restricts the execution of the relevant withdrawal request, the withdrawal application may not be processed. We may also suspend withdrawals when we deem appropriate to address any event on the Platform. We will resume the withdrawal function once such an event is resolved.
8. Termination, Suspension, and Restriction
8.1 Coinmy may modify, suspend, or terminate any part or feature of the Services at any time, without prior notice or consent from you, and without providing any reason.
Specifically, Coinmy may (i) refuse to complete or prohibit, cancel, or, to the extent permitted by Applicable Law, reverse any Transaction you have authorised; (ii) terminate, suspend, or restrict your access to any or all of the Services; (iii) terminate, suspend, close, retain, or restrict your access to any or all Accounts; (iv) refuse to transmit information or Instructions to a third party (including but not limited to third-party wallet operators); and/or (v) take any action we deem necessary and effective immediately for any reason, including but not limited to the following situations:
(i) You are not or are no longer eligible to use one or more of the Services;
(ii) We have reasonable suspicion that (a) the person logging into your Account is not you, or your Account has been or will be used for illegal, fraudulent, or unauthorised purposes; (b) the person logging into your Corporate Account is not the Authorised Person, or the Corporate Account has been or will be used for illegal, fraudulent, or unauthorised purposes; (c) more than one natural person has accessed the same Account and/or conducted Transactions, or your Account has been or will be used for illegal, fraudulent, or unauthorised purposes; or (d) the information you provided is incorrect, untrue, outdated, or i