Coinmetro Services Terms of Use

This Coinmetro General Terms of Service was updated on 01.11.2021

1. General

1.1. The Coinmetro website at www.coinmetro.com (the “Website”) and the Coinmetro platform (the “Platform”) (together “Coinmetro Services”) are owned by Coinmetro Group OÜ (hereinafter “Coinmetro Group”), a limited private company incorporated with limited liability in the Republic of Estonia with company number 14432111 and registered address at Tartu mnt 84a-402, Tallinn 10112, Republic of Estonia. The Coinmetro Services are operated by CoinMetro OÜ (hereinafter “Coinmetro”), a limited private company incorporated with limited liability in the Republic of Estonia with company number 14448371 and registered address at Tartu mnt 84a-402, Tallinn 10112, Republic of Estonia.

1.2. The Coinmetro Platform, accessible from www.coinmetro.com , is an exchange-based order book for various pairings of digital assets and funds such as euros. When a user places an order, the exchange platform automatically matches the user’s order with orders placed by other users to carry out the transaction.

1.3. Before using the Coinmetro Platform, the client must carefully consider whether trading or holding digital assets is suitable for the client in light of the client's financial situation and knowledge regarding the digital assets that client are interested in. Trading or holding digital assets entails a substantial risk of loss and the value of digital assets is subject to extreme volatility.

1.4. By using the Coinmetro Services, the client agrees to comply with these Coinmetro General Terms of Service (hereinafter the Terms of Service), any specific Coinmetro Service terms, the Coinmetro Privacy Policy, and the Coinmetro Cookie Policy (hereinafter the Agreement documents).

1.5. The client must check the Coinmetro website each time the client uses Coinmetro Services, as Coinmetro may update these Terms of Service as well as all other parts of the Agreement from time to time. The use of certain Coinmetro Services may be subject to additional terms and conditions that will be available at the Coinmetro website. To the extent of any inconsistency with these Coinmetro General Terms of Service, and any additional terms that apply to a specific Coinmetro service, the terms of such specific Coinmetro service will apply to the specific service and any matters connected with them.

1.6. These Terms of Service, together with any specific terms of Coinmetro Services, the Coinmetro Privacy Policy and the Coinmetro Cookie Policy constitute the entire agreement between client and Coinmetro and set out the basis of which Coinmetro provides access to the Coinmetro Services.

1.7. These Terms of Service and all Agreement documents apply to the client and to all persons authorised by the client (authorised persons).

1.8. The client must ensure that each and all authorised persons have read these Terms of Service as well as all other Agreement documents and that they will comply with these Terms of Service and all other Agreement documents.

1.9. Each transaction is initiated by the client and all transactions are entered into, in reliance on the fact that the Terms of Service together with all other Agreement documents form a single agreement between the client and Coinmetro and neither the client nor Coinmetro would otherwise enter into any transactions.

1.10. Please read these Terms of Service carefully and ensure that you fully understand them, especially with respect to the provisions that exclude or limit our liability and exclude or limit client rights and interests. Client are only entitled to have access to the Coinmetro Services after client accept these Terms of Service If client do not agree to these Terms of Service or refuse to recognize the Coinmetro’s right to make amendment to these Terms of Service from time to time, client shall promptly stop using and cease access to the Coinmetro Services. References to any additional Terms of Service, policies, articles, clauses, or schedules, unless the context otherwise requires, are reference to such documents as modified or replaced from time to time.

2. Licenses

2.1. CoinMetro OÜ is a company incorporated in Estonia and it is not regulated by the Estonian Financial Supervision Authority ("EFSA"). Coinmetro has obtained licensing from the Estonian Financial Intelligence Unit (the "FIU") for the purposes of providing digital currency services (licence no. FVT000126). This license allows Coinmetro to offer services of exchanging a virtual currency against a fiat currency, exchanging virtual currency against a virtual currency and virtual currency wallet services.

2.2. Digital Fiat OÜ, a group company belonging to Coinmetro Group OÜ, a limited private company incorporated with limited liability in the Republic of Estonia with company number 16108596 and registered address at Tartu mnt 84a-402, Tallinn 10112, Republic of Estonia has obtained the right to operate as an intermediary for an electronic money (EMI) issuing company Payrnet license No 72 of.

2.3. Coinmetro's Security Token Marketplace is a product managed by Coinmetro D.O.O (a company incorporated in Montenegro, a subsidiary of the Coinmetro Group of companies), which holds a Sandbox License from the Capital Market Authority in Montenegro covering both primary and secondary market services.

3. Registration and Account

3.1. The client is required to register a Coinmetro Account to have access to the Coinmetro Platform and Services.

3.2. When the client registers his/her Coinmetro Account, the client will be obliged to check a box indicating that the client has read, understood, and accepted these Terms of Service as well as the Coinmetro Privacy Policy. The client will not be allowed to complete the registration unless the client indicates that he/she accepts these Terms of Service and the Coinmetro Privacy Policy and any other terms and conditions that may apply.

3.3. Client certifies that the information the client has provided to Coinmetro, including during registration, during the KYC process as well as during the entire client experience, is accurate and complete. The client acknowledges that it is the client's responsibility to update and maintain any changes to that information by altering and updating the client's details as appropriate.

3.4. Each person, natural or legal, may open and have use of one single Coinmetro Account. Personal data, such as phone number, e-mail address, postal address, ID document etc. used to open an account can only be used with the account the data was used to open. In case a legal person applies for a Coinmetro account a representative of such legal person, a director or a UBO who has a natural person account with Coinmetro, such a person may use the same personal data that was presented for the opening of the natural person account, namely the same phone number and e-mail address.

3.5. Coinmetro reserves the right to, at its sole discretion, refuse to register a Coinmetro Account for a client.

3.6. If a client has attempted to open multiple accounts, Coinmetro may at its sole discretion decide which one of those accounts will be opened. All other accounts will be deleted.

3.7. If a client has attempted to open a new account after closing a former account Coinmetro may at its sole discretion open up the former account. Such account opening will not be considered as a new account opening.

3.8. Natural person account.

3.8.1. For natural persons intending to register on the Coinmetro Platform as a private user, by signing up to the Coinmetro Platform, client certify that client are 18 years of age or older, client have sufficient capacity to understand and accept these Terms of Service and to trade digital assets, that the client's access to or use of the Coinmetro Platform does not violate any statutory requirements, agreements, or other legal obligations applicable to client.

3.8.2. Each Coinmetro Account is for a single and strictly personal use only. On registration, clients are required to enter an email address, phone number and a password. Client will not allow any other person to share the client's email address, phone number and/or password or otherwise provide any other person access to the Coinmetro Services via the client's Coinmetro Account.

3.8.3. The client will not allow other users to use their phone number when opening an account with Coinmetro. The client is not allowed to use someone else's phone number to open an account with Coinmetro. Coinmetro reserves the right not to open an account in case there is a misuse of phone numbers. Coinmetro may at its sole discretion close an account in case there is a misuse of a phone number.

3.8.4. The client is responsible for maintaining adequate security and control of the client's Coinmetro Account details, including all usernames and e-mail addresses, passwords, two-factor authentication codes or any other codes or credentials used to access the services.

3.8.5. Coinmetro recognises instructions provided via the client´s Coinmetro Account. Therefore, the client acknowledges that all instructions provided via the client's Coinmetro Account will be treated as having been provided by the client and the client will bear all responsibilities arising from these instructions. If another person has provided instructions on the Coinmetro Platform via the client's Coinmetro Account, Coinmetro reserves the right to hold the client jointly and severally liable in law for any such use of the client's Coinmetro Account.

3.8.6. Client represents and warrants to Coinmetro that:

3.8.6.1. The client shall only use the Coinmetro Platform to store or trade funds and digital assets;.

3.8.6.2. The client will not disguise or attempt to disguise the client's location through IP proxying or other methods;.

3.8.6.3. The client will not attempt to store, sell or buy unsupported digital assets, coins, other tokens or currencies or post information related to such unsupported digital assets, coins, other tokens or currencies;.

3.8.6.4. The client will pay all applicable tax for any transactions completed on the Coinmetro Platform in accordance with all applicable laws.

3.8.6.5. The client will not use the Coinmetro Platform or Services in contravention of any applicable statutory requirements or in any way which is not authorised or in breach of the Terms of Service;.

3.8.6.6. The client will not use the Coinmetro Platform or Services in any way (including without limitation posting information on the Coinmetro Platform where this facility is available) which is defamatory, obscene, abusive, indecent or menacing or which infringes any intellectual property rights or breaches obligations of confidence or which is otherwise illegal or unlawful;.

3.8.6.7. The client will not use the Coinmetro Platform or Services to interfere with or attempt to interfere with the normal operations, trading order and/or activities of the Coinmetro Platform and introducing a software virus or other disruptive program or do any act which would cause the Coinmetro Platform to become unavailable for use by others; and.

3.8.7. Each time client place an order on the Coinmetro Platform, client represent and warrant to Coinmetro that:

3.8.7.1. The client has the full power and authority to trade on the Coinmetro Platform, client are the legal owner of all digital and fiat assets or currencies being traded and the digital assets and currencies are free from any charge or encumbrance;.

3.8.7.2. The client has relied only on information provided on the Coinmetro Platform in creating orders and have not relied upon any representation or warranty given by any other person (including without limitation Coinmetro).

3.9. Legal person account.

3.9.1. For legal persons intending to register on the Coinmetro Platform as an institutional user, client must demonstrate that the legal person is registered in a business registry in a country or region accepted by Coinmetro and has legal capacity and client must designate a representative who is a natural person aged 18 years of age or older and who represents the company under the articles of association, under the law or by a power of attorney with sufficient capacity and authority to accept these Terms of Service.

3.9.2. The natural person representing the company certifies that their or the company’s access to or use of the Coinmetro Platform and Services does not violate any statutory requirements, the company's articles of association, shareholders resolutions or any kind of agreements within the company or with any third parties, including but not limited to the creditors of the company, or any other legal obligations applicable to the company representative or to the company.

3.9.3. When registering a company account the representative must show all ultimate beneficial owners of the company, the group structure if the company belongs to a group of companies and the source of wealth of the company.

3.9.4. The Coinmetro Account should only be accessed and used by the company authorised representatives who have been entered into the company account and accepted by Coinmetro as company representatives.

3.9.5. On registration, the company representative will be required to enter an email address, a phone number and a password. The company and its representatives may not share these credentials with unauthorized persons within or outside the company or otherwise provide unauthorised person(s) access to the Coinmetro Services via the company Coinmetro Account.

3.9.6. The company and its representative(s) is responsible for maintaining adequate security and control of the company Coinmetro Account details, including all usernames and e-mail addresses, passwords, two-factor authentication codes or any other codes or credentials used to access the services.

3.9.7. Coinmetro recognises instructions provided via the company Coinmetro Account. Therefore, the company and its representative(s) acknowledge that all instructions provided via the company Coinmetro Account will be treated as having been provided by the company and the company and its representative(s) will bear all responsibilities arising from these instructions. If another unauthorised person has provided instructions on the Coinmetro Platform via client´s Coinmetro Account, Coinmetro reserves the right to hold the client jointly and severally liable in law for any such use of the client's Coinmetro Account.

3.9.8. The company and its representative(s) represent and warrant to Coinmetro that:

3.9.8.1. the company and its representative(s) shall only use the Coinmetro Platform to store or trade funds and digital assets;.

3.9.8.2. the company and its representative(s) will not disguise or attempt to disguise their location through IP proxying or other methods;.

3.9.8.3. the company and its representative(s) will not attempt to store, sell or buy unsupported digital assets, coins, other tokens or currencies or post information related to such unsupported digital assets, coins, other tokens or currencies;.

3.9.8.4. the company and its representative(s) will pay all applicable tax for any transactions completed on the Coinmetro Platform in accordance with all applicable laws.

3.9.8.5. the company and its representative(s) will not use the Coinmetro Platform or Services in contravention of any applicable statutory requirements or in any way which is not authorised or in breach of the Terms of Service;.

3.9.8.6. the company and its representative(s) will not use the Coinmetro Platform or Services in any way (including without limitation posting information on the Coinmetro Platform where this facility is available) which is defamatory, obscene, abusive, indecent or menacing or which infringes any intellectual property rights or breaches obligations of confidence or which is otherwise illegal or unlawful;.

3.9.8.7. the company and its representative(s) will not use the Coinmetro Platform or Services to interfere with or attempt to interfere with the normal operations, trading order and/or activities of the Coinmetro Platform and introducing a software virus or other disruptive program or do any act which would cause the Coinmetro Platform to become unavailable for use by others; and.

3.9.9. Each time the company places an order on the Coinmetro Platform, the company and its representative(s) represent and warrant to Coinmetro that:

3.9.9.1. the company and its representative(s) have the full power and authority to trade on the Coinmetro Platform, the company is the legal owner of all digital and fiat assets or currencies being traded and the digital assets and currencies are free from any charge or encumbrance;.

3.9.9.2. the company and its representative(s) have relied only on information provided on the Coinmetro Platform in creating orders and have not relied upon any representation or warranty given by any other person (including without limitation Coinmetro).

4. The Coinmetro Platform and Services

4.1. Coinmetro will open an account for the client. The account will reflect client funds, client transactions and services used by the client on Coinmetro Platform.

4.2. The Coinmetro Platform provides client access to:

4.2.1. an exchange of various digital assets for transferring, managing, and trading balances of supported digital assets as well as certain types of funds as specified by Coinmetro from time to time;.

4.2.2. passive income possibilities via Coinmetro margin platform;.

4.2.3. passive income possibilities via staking services;.

4.2.4. passive income possibilities via copy trading (the TraM) and.

4.2.5. investment opportunities in various crowdfunding projects.

4.3. Coinmetro provides the client an order-matching exchange service by displaying prices for digital assets being traded on the Coinmetro Platform at any given time.

4.4. Coinmetro provides the client various passive income earning possibilities via Coinmetro margin platform, staking services or via copy trading. Coinmetro does not provide financial advice or services. All decisions to place funds or to withdraw funds will be made on the client’s own choice at any given time. The passive income opportunities available on Coinmetro platform are facilitated by Coinmetro, but on substance depend on the client's and other users actions and/or third party actions.

4.5. The TraM is a tokenized asset management service based on a “trade mirror” concept which provides a simple means by which traders follow other traders thereby benefiting from those traders’ profiles.

4.6. Under the TraM, the client will follow a manager of the client's choice by creating, and allocating funds to, a mirror wallet. This can be within a “private” or “public” setting. The default setting is private and thus operates on an invitation-only basis. However, subject to vetting by Coinmetro within its full discretion, TraM managers may opt to change to a public setting.

4.7. Coinmetro’s vetting of TraM managers will include, but not be limited to, review of trading history and performance as well as evaluation of trading strategy and ongoing monitoring for consistency with that trading strategy. TraM managers trade their strategies on the margin facility within the Coinmetro Platform, and if the client chooses to follow that TraM manager, then these trades will be mirrored onto the client's mirror wallet in real time. Trade execution is identical across all linked mirror wallets. TraM managers’ performance is clearly displayed on the Coinmetro Platform.

4.8. Insofar as the TraM ensures effective segregation of the client's assets and all risks you take are individualised in nature, the TraM does not pool assets or generate a pooled return.

4.9. TraM managers act on a discretionary basis in your best interests and not in accordance with a defined trading policy.

4.10. Coinmetro makes available to its clients through the “Securities” platform investment opportunities into various crowdfunding projects. These projects are managed and run by the project owners through the Coinmetro platform. After the decision to invest has been made, the agreement will be entered into between the client and the project owner through the Coinmetro platform. All issues arising from such agreements must be addressed to the project owner.

4.11. The client must comply with any instructions Coinmetro gives about how to use the Coinmetro Services and must not do anything that interferes with or adversely affects the normal operation of the Coinmetro Services (including the ability of other users to access or use the Coinmetro Services).

4.12. Coinmetro does not own or control the underlying software protocols which govern the operation of digital assets. Generally, the underlying protocols are open source, and anyone can use, copy, modify and distribute them. Coinmetro assumes no responsibility for the operation of the underlying protocols and Coinmetro is not able to guarantee either the accuracy of the information provided nor the functionality, security, legality, or availability of the underlying protocols. The client acknowledges and accepts the risk that underlying software protocols relating to any digital assets the client holds in their Coinmetro account may change.

5. Deposits and Payments

5.1. To use the Coinmetro Platform and Services, the client must have deposited sufficient funds, using the payment methods specified on the Coinmetro website.

5.2. Deposited funds as well as any amount received on the client's account will be held as client money on a separate account with an EEA Credit Institution.

5.3. Unless otherwise specifically agreed, no interest will be paid in respect of funds on the client account.

5.4. Before transferring digital assets or funds into the client's Coinmetro account, the client must ensure that the digital assets in question are supported by Coinmetro. The client should not use his/her Coinmetro account to store unsupported digital assets or funds and doing so may result in the forfeiture of the client's digital assets. Coinmetro does not take any responsibility for any attempted use or storage of unsupported digital assets in a Coinmetro account.

5.5. The Client acknowledges and agrees that the client may only deposit funds, in crypto or in fiat, that belong solely to the client. All deposits from bank accounts must be made from bank accounts belonging to the client. In case of deposits from joint accounts the client will provide proof to Coinmetro that the third party who the client has the joint account with, agrees to the deposit. Coinmetro shall assume no liability for any third-party claims against deposits made by the client.

5.6. Institutional clients must make deposits from the company funds and from the company bank account. No natural person deposits into a company held Coinmetro account will be accepted.

5.7. The client may withdraw digital assets from their Coinmetro account by transferring them to an external digital wallet belonging to the client.

5.8. Coinmetro will process the orders the client places on the Coinmetro Platform in accordance with the instructions received from the client. Coinmetro is entitled to operate on the basis that each order is correct and does not contain any errors (including in the case of manifest errors). Before the client places an order, the client must carefully confirm all the information specified, including the type, price and quantity of digital assets, buying or selling instructions, applicable fees and other important matters in connection with the order.

5.9. The client acknowledges that it is not allowed to withdraw funds by reversing bank transfers or by any other means when the client has used the deposited funds to trade or use any other Coinmetro services and the client's account balance after the reversal of any means of payment would fall below the transaction value at the time of the transaction.

5.10. In case there are insufficient funds in the Client Account to execute the transactions the client has chosen; the client must transfer sufficient funds without undue delay. If the client fails to do so, Coinmetro may regard this as a material breach of these Terms of Service and may lock the client account until sufficient funds have been deposited. If the client fails to deposit sufficient funds within 30 days Coinmetro may unilaterally terminate the client agreement and close the client account.

5.11. In case there are insufficient funds in the Client account Coinmetro reserves the right to use the funds on the client account or funds the client has a right to claim from using Coinmetro services to cover the sums owed to Coinmetro.

5.12. Trading on the Coinmetro Platform may be subject to trading limits, which may be specified by Coinmetro from time to time. Coinmetro reserves the right to raise, lower or remove transaction limits at any time at its own discretion. Such restrictions include, but are not limited to daily restrictions on transactions, size and volume limits for transactions or not permitting any transactions on any given day or for any specified period.

5.13. The client acknowledges that the execution time of orders is based on the actual operation time of Coinmetro. The client has the right to revoke or amend their orders at any point before they are completed.

5.14. Coinmetro may ask clients to wait for some time after the completion of a transaction before permitting the client to use the Coinmetro Platform and/or permitting the client to engage in transactions beyond certain volume limits.

5.15. If Coinmetro uncovers an erroneous transaction caused by a system failure or any other reason, Coinmetro has the right to correct the error regardless of whether it is beneficial to Coinmetro or any client. Where, due to such an error, any client receives more digital assets than the amount that such a client should have received, Coinmetro reserves the right to correct such improperly executed transactions and the client shall return the digital assets in question or perform other operations in accordance with Coinmetro’s instructions to the client. The client acknowledges that Coinmetro will not assume liability for any losses, damages or responsibilities caused directly or indirectly by any such erroneous transaction.

5.16. Coinmetro may carry out verification checks for certain transactions as requested by law. Carrying out those checks might increase the time it takes to process the client's transaction. Coinmetro shall not be held responsible for any delays because of carrying out such checks. Coinmetro shall not bear any losses or damages, direct or indirect because of delays when carrying out transaction checks.

6. Cancelling Orders and Restricting Access

6.1. Coinmetro reserves the right to unilaterally cancel client´s order or restrict client´s access to Coinmetro Services if Coinmetro reasonably believes that client's use of the Coinmetro Services is in violation of any applicable statutory requirements, agreements, or other legal obligations applicable to client, these Terms of Service, and any other parts of the agreements client have concluded with Coinmetro.

6.2. Coinmetro may also cancel client´s order or restrict the client access to Coinmetro Services in general or an a transaction–by–transaction basis if:

6.2.1. the client has outstanding obligations arising under previous transactions;.

6.2.2. the client account has been blocked;.

6.2.3. Coinmetro reasonably believes that the instructions do not come from the client;.

6.2.4. Coinmetro reasonably believes that the client is using the Platform in a way which Coinmetro considers to be abusive.

6.2.5. it becomes or may become (in our reasonable opinion) contrary to applicable law for Coinmetro to maintain or give effect to all or any of the obligations under these Terms of Service or otherwise provide access to the Coinmetro Services;.

6.2.6. Coinmetro is requested to remove a listing or any part thereof by any regulator or other governmental authority whether or not the request is legally binding;.

6.2.7. Coinmetro is requested to close out or cancel any order (or any part thereof) by any regulatory or other governmental authority (whether or not the request is legally binding);.

6.2.8. Coinmetro considers it desirable or necessary to remove a listing or an order (or any part thereof) to maintain the trading order and trading safety of the Coinmetro Platform, in Coinmetro´s sole and absolute discretion.

6.3. Coinmetro may restrict or suspend use of the Platform and the Services either generally or in the case of any client where Coinmetro believes this is required by Applicable Law or is necessary because of an event beyond Coinmetro´s control.

6.4. If the client becomes unable to meet client's obligations, as they become due or have a bankruptcy petition presented against the client or if client ceases or threatens to cease all or part of client's business, Coinmetro may without notice:

6.4.1. cancel or reverse any order created or entered into by the client;.

6.4.2. restrict or freeze client´s Coinmetro Account and any of client's funds and digital assets;.

6.4.3. immediately delete and/or amend any information published by the client on the Coinmetro Services, where relevant, in violation of any applicable law and / or of these Terms of Service, in addition to monitoring any other information which client publishes on the Coinmetro Services.

6.4.4. restrict or freeze client's access to the Coinmetro Platform; and or.

6.4.5. take any other measures which in our reasonable opinion is necessary to prevent any adverse consequences to Coinmetro, the Coinmetro Services, any other users of the Coinmetro Services and any other third party.

6.5. If the client becomes aware of the occurrence of any event referred to in this Section, the client must immediately inform Coinmetro of such event.

6.6. If Coinmetro cancels any order or restricts the client's use of the Coinmetro Services in accordance with this Section, Coinmetro shall not be liable for any losses, expenses or other costs incurred to the client, any other user of the Coinmetro Services and / or any other third party.

7. Fees

7.1. The client agrees to pay to Coinmetro the trading fees as set out on the Coinmetro Platform and Website from time to time.

7.2. The client shall provide an XCM deposit under Coinmetro vault in order to gain access to the TraM.

7.3. The client shall pay trading fees which shall be fixed at.

7.4. The client shall be subject to additional negative exposure fees on collateral on the margin platform.

7.5. The TraM manager shall charge the client a commission of between 5% and 25% against the profit the client books. Coinmetro shall then charge the client a further 20% of the TraM manager’s chosen commission. Thus, where the TraM manager chooses to charge a 15% commission and makes a 100 EUR profit, the TraM manager shall charge you 15 EUR and Coinmetro shall charge you a further 3 EUR.

7.6. Other fees may apply.

8. Anti-Money Laundering and Sanctions

8.7. Upon registration, Coinmetro will conduct a user identification verification process to comply with all applicable anti-money laundering, sanctions and other relevant statutory requirements. Client's use of the Coinmetro Platform and Services is conditional on the successful completion of this process. Where appropriate, Coinmetro may ask the client to provide additional personal information to determine the client's eligibility to use the Coinmetro Platform and Services.

8.8. Coinmetro may ask for additional information after onboarding and during the client experience to comply with anti-money laundering laws and regulations.

8.9. The client shall promptly, honestly and wholly respond to all queries, document and data requests related to Coinmetro AML checks. Failure to respond or to give the necessary information or documents may lead to locking of the client's Coinmetro account or if appropriate to closure of the client's Coinmetro account.

8.10. Client hereby authorises Coinmetro to make inquiries, whether directly or through third parties, that are necessary to verify client's identity or protect either client or Coinmetro against fraud or other financial crime, and to act based on the results of such inquiries. When Coinmetro carries out these inquiries, the client acknowledges and agrees that client's personal information may be disclosed to creditworthiness assessment organisations, fraud prevention or anti financial crime agencies and that these agencies may respond to our inquiries in full. This is only an AML check and should not have any adverse effect on the client's credit rating.

8.11. The Client warrants that he/she will not use the Coinmetro Platform to hold or trade in funds or digital assets which client knows or suspect to be in violation of anti-money laundering laws, sanctions, or other relevant related regulations. This includes, but is not limited to, making the Coinmetro Platform and Services or digital assets available to individuals or countries subject to any financial sanctions regimes. In the event that the client receives any funds or digital assets from other users in the course of client's use of the Coinmetro Platform which the client knows or suspects to contravene applicable anti-money laundering laws, sanctions and other relevant related regulations, the client warrants that he/she will immediately notify Coinmetro by e-mail at compliance@coinmetro.com by including all relevant details and further warrants that he/she will not transfer any such funds or digital assets out of the client's Coinmetro Account or any other digital asset wallet under client's control without Coinmetro’s permission.

9. Limitation of our Liability

9.12. The information contained on the Coinmetro Platform and available during the use of Coinmetro Services or provided to the client through Coinmetro or by any employee, agent or affiliate of Coinmetro does not constitute an offer or solicitation to buy or sell digital assets or financial instruments, nor financial, investment or other professional advice on any particular transaction and must not be treated as a substitute for specific advice in any jurisdiction.

9.13. The client is solely responsible for any decision to store, buy or sell digital assets, and the client accepts that any such decision will be considered by the client taking into account the client's risk tolerance and financial circumstances.

9.14. Coinmetro shall only be liable to the client for damage caused directly by Coinmetro´s breach of these Terms of Service when such breach amounts to the damage caused to the client and such damage is foreseeable for Coinmetro.

9.15. Coinmetro uses reasonable endeavours to protect the Coinmetro Platform from computer viruses, worms, trojan horses and other malware. Coinmetro does not warrant that the Coinmetro Platform is free from such viruses and accepts no liability for any damage that may result from the transmission of any malware via the Coinmetro Platform or via any files which are available for client to download from the Coinmetro website. Coinmetro is not responsible for any technical or other issues in using the Coinmetro Platform caused by third party software on the client's own network and computer system.

9.16. Coinmetro does not take any responsibility for losses caused by security breaches.

9.17. Coinmetro takes all reasonable measures to keep the digital assets stored in the client's Coinmetro Account safe. However, in the event of any security breach, we endeavour to contact the client via e-mail or via the client ´s account informing the client of the details of the breach including the nature of the breach as appropriate and the steps Coinmetro will be taking to address the breach. In the event of any security breach on a large scale, Coinmetro will endeavour to contact the client with the full details of the breach as soon as this information becomes available.

9.18. Except as otherwise provided for in these Terms of Service, neither Coinmetro, nor our affiliates or service providers, nor any of our or their respective officers, directors, agents, employees, or representatives, will be liable for any amount greater than the combined value of the digital assets or funds in the client´s Coinmetro Account at any given time. In case there is a dispute regarding a specific transaction, the client's claim against Coinmetro will be limited to the amount of the transaction in dispute.

9.19. In addition to the liability cap above, to the maximum extent permitted by any applicable law, in no event shall Coinmetro, our affiliates or service providers, or any of our or their respective officers, directors, agents, employees or representatives, be liable for any of the following types of loss or damage arising under or in connection with these Terms of Service or otherwise:

9.19.1. any loss of profits or loss of expected revenue or gains, including any loss of anticipated trading profits and or any actual or hypothetical trading losses, even if we are advised of or knew or should have known of the possibility of the same. This means, by way of example only (and without limiting the scope of the preceding sentence), that if the client claims that Coinmetro failed to process a buy or sell transaction properly, the client's damages are limited to no more than the combined value of the digital assets or funds at issue in the transaction at the time of the transaction, and that client may not recover for any "loss" of anticipated trading profits or for any actual trading losses made as a result of the failure to buy or sell;.

9.19.2. any loss of or damage to reputation or goodwill; any loss of business or opportunity, customers or contracts; any loss or waste of overheads, management or other staff time; or any other loss of revenue or actual or anticipated savings, even if we are advised of or knew or should have known of the possibility of the same;.

9.19.3. any loss of use of hardware, software or data and or any corruption of data; including but not limited to any losses or damages arising out of or relating to any inaccuracy, defect or omission of digital currency price data; any error or delay in the transmission of such data; and or any interruption in any such data;.

9.19.4. any loss or damage whatsoever which does not stem directly from our breach of these Terms of Service; and or.

9.19.5. any damage whatsoever which is more than that which was caused as a direct result of Coinmetro´s breach of these Terms of Service (whether or not the client is able to prove such loss or damage).

9.20. To the extent Coinmetro is unable by law to exclude any implied condition, representation, warranty or statutory guarantee in relation to the provision of goods or services through our website, Coinmetro´s liability is limited to the re-supply of those goods or services, or payment for such re-supply.

9.21. To the maximum extent permitted by any applicable law, Coinmetro makes no warranties of any kind, whether express or implied, in relation to the website or the services on the Coinmetro Platform, including but not limited to, implied warranties of satisfactory quality, functionality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, title, condition or completeness, merchantability, or any implied warranty arising from course of dealing or usage or trade. Coinmetro does not represent or warrant that access to the Coinmetro Platform or any of Coinmetro’s services will be continuous, uninterrupted, timely or error-free. In any such event, Coinmetro does not guarantee that any open orders can be executed, accepted, recorded or remain open.

9.22. Coinmetro is not associated with and does not itself support or claim to be in partnership with any of the services or companies which may appear visible in the provision of Coinmetro Services. The Coinmetro Services provided by Coinmetro are not authorised, approved, endorsed or sponsored by any companies listed on the website or their respective trademark owners, unless stated otherwise.

9.23. Coinmetro’s website may contain links to third party websites on the Internet. These third party websites may contain information or material that some people may find inappropriate or offensive. Third party websites might also refer to their own initiative to the Coinmetro website(s). The third party websites are not under the control of Coinmetro, and the client acknowledges that, whether or not such websites are affiliated in any way with Coinmetro, Coinmetro is not responsible for the accuracy, legality, decency or any other aspect of the content of such websites.

9.24. Coinmetro reserves the right to modify or discontinue, temporarily or permanently, all or any part of the Coinmetro website(s) and/or any software, facilities and services on the Coinmetro website or Platform, with or without notice, and/or to establish general guidelines and limitations on their use.

9.25. Nothing in these Terms of Service shall exclude or limit Coinmetro´s liability based on fraud or fraudulent misrepresentation, deliberate misconduct, gross negligence or for death or personal injury arising from either Coinmetro´s or our subcontractor’s negligence. If and to the extent applicable law does not allow the above limitations of warranty and liability, such limitations shall not apply to the client.

9.26. Coinmetro is not liable for any breach of these Terms of Service where the breach is due to abnormal and unforeseeable circumstances beyond Coinmetro’s control, the consequences of which would have been unavoidable despite all effects to the contrary, nor are we liable where the breach is due to the application of mandatory legal rules (force majeure).

9.27. Notwithstanding any other provision in these Terms of Service, nothing shall limit the client's rights as a consumer under mandatory provisions of applicable consumer protection legislation.

10. Client's Liability

10.28. The Client accepts that trading with Coinmetro is a high-risk activity. Trading may cause the client to lose all traded assets. The client accepts that the high volatility and substantial risk of illiquidity in the crypto market mean that the client may not always be able to liquidate their positions and limit their losses as well as gains.

10.29. The client agrees to maintain a sufficient amount of liquidity at all times to meet the Coinmetro´s minimum balance requirements which may be modified from time to time.

10.30. The client understands that the technology underlying digital assets is subject to change at any time, and such changes may affect the digital assets stored in the client's Coinmetro Account. The client assumes full responsibility for monitoring such technological changes and understanding their consequences for digital assets.

10.31. Client shall be fully responsible for any losses, expenses, or other costs, including legal fees, incurred by Coinmetro and its affiliates (as well as our respective officers, directors, agents, employees and representatives) which are caused by the client´s conduct in relation to or arising out of the client's use of the Coinmetro Services, the client´s Coinmetro Account or a breach of these Terms of Service whether by client or another person, where this conduct is intentional, reckless or negligent.

10.32. If Coinmetro, or any of Coinmetro´s affiliates or group companies, are subject to a claim by any third party due to the client´s conduct, Coinmetro may recover against client all losses, expenses or other costs incurred by Coinmetro as a result of any such claim.

10.33. It is the client's responsibility to determine whether, and to what extent, any taxes apply to any transactions the client conducts through the Coinmetro Platform, and to withhold, collect, report, and remit the correct amounts of taxes to the appropriate tax authorities.

11. Intellectual Property

11.1. All intellectual property on the Coinmetro Services, including, but not limited to, website logos, databases, website design, text and graphics, software, photos, videos, music, sounds and any combinations of the aforementioned files, and the intellectual property rights of software compilation, associated source code and software (including small applications and scripts) shall be owned by Coinmetro or its affiliates. The client may not copy, modify, copy, transmit or use any of the foregoing materials or content for commercial purposes.

11.2. All rights contained in the name of Coinmetro (including but not limited to business goodwill and trademarks, logos) are owned by Coinmetro and its affiliates.

11.3. Upon accepting these Terms of Service, it shall be deemed that client, on the basis of client's own free will, have transferred and assigned exclusively and free of charge to Coinmetro all copyright of any form of information that client publishes on the Coinmetro Platform and while using the Coinmetro Services, including, but not limited to copyrights, distribution rights, lease rights, exhibition rights, performance rights, projection rights, broadcasting rights, information network dissemination rights, shooting rights, adaptation rights, translation rights, compilation rights and other transferable rights that copyright owners are entitled to, and Coinmetro shall have the right to sue for any infringement on such copyright and obtain full compensation for such infringement. These Terms of Service shall apply to any content that is published by client on the Coinmetro website, Platform and while using the Coinmetro Services and is protected by copyright law, regardless of whether the content is generated before or after the signing of these Terms of Service.

11.4. Client shall not illegally use or dispose of the intellectual property rights of Coinmetro or any other person during the client's use of the services offered by the Coinmetro Services. For any information that the client publishes on the Coinmetro website, Platform or while using the Coinmetro Services, the client may not publish or authorise other websites (or media) to use such information in any manner whatsoever.

11.5. By logging onto the Coinmetro Platform or use of any of the Services offered by Coinmetro shall not be deemed as Coinmetro transferring any intellectual property to the client.

11.6. Client may provide a link to the homepage of Coinmetro website on any website the client operates, as long as the client does not suggest any form of association, approval or endorsement on Coinmetro´s part without Coinmetro´s express written prior permission. The client will promptly delete such a link on Coinmetro´s request.

12. Data Protection

12.7. Coinmetro will manage all and any personal information that Coinmetro collects through Coinmetro website in accordance with Coinmetro Privacy Policy.

12.8. Client agrees that he/she has read and agreed to the Terms of Coinmetro Privacy Policy.

12.9. Coinmetro takes all reasonable measures to keep the personal information the client has provided safe. However, in the event of any security breach, Coinmetro endeavours to contact the client by email or through the client´s Coinmetro Account informing the client of the details of the breach including the nature of any information compromised as appropriate and the steps Coinmetro will be taking to address the breach within 72 hours of the discovery of the security breach. In the event of any security breach on a large scale, Coinmetro will endeavour to contact the client with the full details of the breach as soon as this information becomes available.

13. Term and Termination

13.10. If the client wishes to terminate the client's Coinmetro Account, the client must write an email to: hello@coinmetro.com with the following wording: “Please terminate my account with all my credentials.” in the subject line.

13.11. Once Coinmetro has received the client's email, Coinmetro will within a reasonable time terminate the client's account and delete all access information to such client account. Under the AML statutory requirements, Coinmetro might be obliged to keep the client data regarding the information the client submitted to Coinmetro as a part of the registration process for some time as required by law.

13.12. Coinmetro retains the absolute right to prevent the client from accessing the Coinmetro Platform and Services, including by deleting the client account, without prejudice to any of Coinmetro’s accrued rights, where Coinmetro so chooses, at Coinmetro´s sole discretion, by giving the client two months’ notice. The client acknowledges that any such decision may be based on confidential criteria that are essential to Coinmetro risk management and security protocols and the client agrees that Coinmetro is under no obligation to disclose the details of its risk management and security procedures to the client.

13.13. Coinmetro reserves the right to suspend, terminate or block the client's access to the Coinmetro Platform and Services at any time and without prior notice to the client in the event the client breaches these Terms of Service, any other agreement entered into between the client and Coinmetro or in case of a breach of by the client of any statutory requirements.

13.14. Subject to clause.

14. Dispute Policy

14.15. Coinmetro will use its best endeavours to resolve any disputes arising out of trading on the Coinmetro platform fairly. Nevertheless, the client agrees that Coinmetro retains the right and absolute discretion in resolving any such disputes.

14.16. Where Coinmetro, in its sole discretion, reasonably believes that any client is or may be engaging or attempting to engage in fraudulent or unlawful activity, Coinmetro may take any steps (or may request any client to take any steps) that Coinmetro considers necessary or desirable, to prevent, mitigate or investigate such activity. The client agrees to comply with such requests, including any requests to provide Coinmetro with information and documents.

14.17. If a client fails to comply with Coinmetro´s request of relevant information and documents regarding transactions, source of wealth, proof of address or proof of identity and power of representation or any other information or documents that would enable Coinmetro to comply with AML and sanctions regulations and any other statutory requirements or legal or regulatory requirements, will constitute a material breach of these Terms of Service.

14.18. Coinmetro has the right to immediately close a client account in case of a material breach of these Terms of Service and to terminate these Terms of Service with such client.

15. Miscellaneous

15.19. Communication / Notice: Client agrees that Coinmetro will use the e-mail address and the telephone number tied to client´s Coinmetro Account to contact the client in relation to the management and operation of the Coinmetro Services, including with respect to security breaches. The client is responsible for keeping the client's contact information (e-mail address and telephone number) up to date.

15.20. Governing Language: Some of the content on Coinmetro sites, applications, tools and services may be available in multiple languages. In case of any conflict between different language versions of such content or any omission in any language version thereof, the English language version of such content shall prevail.

15.21. Governing Law: These Terms of Service and all non-contractual or other obligations arising out of or in connection with them are governed by the laws of the Republic of Estonia.

15.22. Jurisdiction: These Terms of Service (including regarding the existence, validity or termination of these Terms of Service), all non-contractual obligations arising from or connected with them, and the use of the Coinmetro Services shall be governed by and construed in accordance with the laws of the Republic of Estonia excluding its conflict of law rules.

15.23. The parties agree to submit to the exclusive jurisdiction of the courts of the Republic of Estonia, provided, however, that Coinmetro shall have the right, at its sole option, to initiate proceedings against the client in any other court of competent jurisdiction.

15.24. Entire Agreement: These Terms of Service (including any information incorporated by reference herein), any specific Coinmetro Service terms and the Coinmetro Privacy Policy comprise the entire agreement between the client and Coinmetro for the provision of the Coinmetro Services.

15.25. Survival: All provisions of these Terms of Service which by their nature extend beyond the expiration or termination of these Terms of Service will continue to be binding and operate after the termination or expiration of these Terms of Service.

15.26. Invalidity: If any court or competent authority decides that any provision of these Terms of Service is invalid, unlawful, or unenforceable to any extent, such terms shall, to that extent only, be severed from the remaining Terms of Service. The remaining Terms of Service shall continue to be valid to the fullest extent permitted by law.

15.27. Relationship of the Parties: Nothing in these Terms of Service shall be deemed or is intended to be deemed, nor shall it cause, either client or Coinmetro to be treated as the agent of the other and Coinmetro shall have no fiduciary relationship or fiduciary obligations towards client.

15.28. Unclaimed Property: If Coinmetro holds client's funds or digital assets and Coinmetro is unable to contact client and have no record of client's use of the services of the Coinmetro Platform for several years, under applicable law Coinmetro may in certain jurisdictions be required to report the unclaimed funds or digital assets as unclaimed property to the authorities. Coinmetro will try to locate the client at any address shown in our records, but if Coinmetro is unable to, Coinmetro may be required to deliver any such funds or digital assets to the authorities in certain jurisdictions as unclaimed property. Coinmetro reserves the right to deduct a dormancy fee or other administrative charges from such unclaimed funds as permitted by applicable law.

15.29. Assignment: These Terms of Service are personal to the client and the client cannot transfer or assign the client´s Coinmetro Account, rights, licenses, interests and/or obligations to anyone else without Coinmetro´s prior written consent. Coinmetro may transfer or assign our rights licenses, interests and / or our obligations at any time, including as part of a merger, acquisition or other corporate reorganisation involving any Coinmetro affiliate or group company, provided that this transfer or assignment does not have an adverse material impact on the quality of the Coinmetro Services which the client receives.

15.30. Security Interests: The client is not entitled to create any security over the client's funds or digital assets unless Coinmetro explicitly states to the contrary in writing.

15.31. Enforcement of Our Rights: Coinmetro may not always strictly enforce our rights under these Terms of Service. If Coinmetro does this, it will be just a temporary measure and would not constitute a waiver of those rights. Coinmetro may enforce our rights strictly again at any time.

15.32. Rights of Third Parties: Subject to any provision(s) of these Terms of Service under which rights are granted to third parties, a person who is not a party to these Terms of Service has no right to enforce any provision of these Terms of Service but this does not affect any right or remedy of a third party which exists or is available under any applicable law.

Any Questions?

If you have any questions about these terms, the Coinmetro Services, or anything else of relevance to Coinmetro, please contact us at hello@coinmetro.com and a member of our support team will be happy to help.