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Terms Of Service

Acceptance of the Terms of Service

These Terms of Service and any terms expressly incorporated herein (“Terms”) apply to any access to, or use of, any services made available by CryptEscrow (“CryptEscrow” “we,” “us,” or “our”) and to any other related services provided by CryptEscrow (collectively, the “Services”).

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Please read the Terms carefully before you start to use the Services. By using the Services or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms. If you do not want to agree to these Terms, you must not access or use the Services.

Modifications to the Terms of Service

CrytpEscrow reserves the right to make changes to the Terms at any time. It is your responsibility to review the Terms from time to time to see if modifications have been made. Your continued use of the Service after any modification of the Terms will conclusively indicate that you accept those changes. Notwithstanding the above, we will seek your consent to future modifications to the Terms to the extent we are required to do so by law.

  1. ELIGIBILITY

1.1. General Requirements

 

The Services are intended solely for users who are 18 or older and who satisfy the criteria described in these Terms. You represent and warrant that you: (a) are of legal age to form a binding contract; (b) have not previously been suspended or removed from using our Services; (c) are not identified as a “Specially Designated National” by the Office of Foreign Assets Control; and (d) have full power and authority to agree to these Terms.

 

In addition, if you are using the Services on behalf of a corporate entity, you represent and warrant that you have the right, authority, and capacity to accept these Terms on such entity’s behalf. CryptEscrow reserves the right to modify

1.2. Restricted Locations

 

You may not use the Services if you are located in, or a citizen or resident of any state, country, territory or other jurisdiction where your use of the Services would be illegal or otherwise violate any applicable law. You represent and warrant that you are not a citizen or resident of any such jurisdiction. You also may not use the Services if you are located in, or a citizen or resident of, any other jurisdiction where CryptEscrow has determined, at its discretion, to prohibit use of the Services. CryptEscrow may implement controls to restrict access to the Services. You will comply with this Section even if CryptEscrow methods to prevent use of the Services are not effective or can be bypassed.

 

2. DESCRIPTION OF SERVICES

 

CryptEscrow provides users a platform that allows buyers and sellers to use cryptocurrency in connection with a transaction for the sale of real estate and commodities. You agree that CryptEscrow will not be held responsible for any losses arising from using the Services.

 

When you use the escrow services from CryptEscrow, you are not buying cryptocurrency from CryptEscrow or selling cryptocurrency on CryptEscrow. CryptEscrow acts as the agent, transacting on your behalf, to facilitate the use of cryptocurrency, held in escrow, for a real estate or commodity transaction. 

 

3. ACCOUNT

 

3.1. CryptEscrow Account

 

In order to use any Services, you must create and maintain an account through the Services (“CryptEscrow Account”). You will: (a) create a unique password; (b) provide complete and accurate information; (c) promptly update any information you have provided so that the information is complete and accurate at all times; (d) maintain the security of your CryptEscrow Account by protecting your password from unauthorized access or use; (e) promptly notify CryptEscrow if you discover or suspect any unauthorized access or use of your CryptEscrow Account or any security breaches related to your CryptEscrow Account; and (f) accept all risks of any authorized or unauthorized access to your CryptEscrow Account.

 

3.2. Identity Verification

 

We are required to identify clients on our platform. Identification ensures we remain in compliance with applicable information reporting requirements in the jurisdictions in which we operate, something that is necessary for us to be able to continue to offer services to our clients. CryptEscrow collects and verifies your personal and financial information.

 

We also may obtain personal information from third parties in order to verify your identity, or to prevent fraud. Personal information collected from any source may include, among other things, your name and address, Social Security or taxpayer identification number, and date of birth and biometric identity verification. You certify under penalty of perjury that the information provided is correct. You hereby authorize us, or a third-party service provider that we designate, to take any measures that we consider necessary to confirm the personal information you provide, verify and authenticate your personal information, and take any action we deem necessary based on the results. You acknowledge that this process may result in a delay in registering your CryptEscrow Account, and that you may not be authorized to access or use your CryptEscrow Account until your registration has been successfully completed.

4. ESCROW TRANSFERS

 

            4.1. In General

 

CryptEscrow is an escrow service provider. A buyer and seller agree on a sale and purchase of a real estate item or commodity. The buyer sends the cryptocurrency to CryptEscrow’s escrow wallet. Prior to sending the cryptocurrency to CryptEscrow, you must explicitly represent and warrant that you operate and control that specific wallet address.

 

            4.2. Pending Transactions

 

Once a cryptocurrency transfer is submitted, the transaction will be unconfirmed and remain in a pending state for a period of time sufficient to allow confirmation of the transaction by the cryptocurrency network. A cryptocurrency transfer is not complete while it is in a pending state. Pending cryptocurrency transfers that are initiated will reflect a pending transaction status and are not available to you for use while the transaction is pending.

 

            4.3. Inbound Digital Asset Transfers

 

When you receive cryptocurrency from the CryptEscrow escrow wallet (“Inbound Transfers”), you are solely responsible for providing the correct wallet address to which funds are directed.

 

4.4 Obligations of the Sellers

 

Each seller must designate a wallet to which payment for the transaction will be made. Each seller authorizes CryptEscrow to initiate sending cryptocurrency for payment of the purchase price, or applicable balance due, including a debit of the seller's obligations. Each seller shall deliver the real estate or commodity set forth in purchase contract with the buyer. If the buyer or seller notifies CryptEscrow of a non-acceptance of the contract within the seller's inspection period, then CryptEscrow will retain the funds pending resolution of the dispute or take other action as authorized or as required by law.

 

4.5 Obligations of the Buyers

 

The buyer must designate a wallet from which the purchase price and related fees (unless such fees are to be paid by seller) will be obtained for the deposit into escrow. The buyer authorizes CryptEscrow to obtain the purchase price and fees due for a transaction. CryptEscrow will deposit funds received from buyer into an escrow trust wallet maintained by CryptEscrow. The buyer shall notify CryptEscrow of the receipt of the real estate or commodity on the date it is received. Buyer shall notify CryptEscrow of the buyer's acceptance or rejection of the items before the inspection period expires. Upon receipt of notice from buyer that the real estate or commodity has been received and accepted, CryptEscrow shall transfer the payment amount (less any fees) to seller's wallet. Transfer to a seller generally will be initiated within the next business day from the day on which notice of acceptance of the real estate or commodity is received from the buyer. If buyer has not notified CryptEscrow of the non-receipt or rejection of the items during the inspection period, then buyer authorizes CryptEscrow to remit the escrowed funds (excluding fees) to the seller. Buyer shall follow the procedures set forth on the site in the event the items are rejected.

 

4.6 Obligations of CryptEscrow

 

Once the buyer and seller have agreed to a transaction, the escrow instructions, and these Terms, these shall constitute a binding agreement between all parties. Should it become necessary to add a supplemental instruction(s), or to make any addition to, deletion from, or alteration to the transaction, all parties (buyer, seller, CryptEscrow) must execute any supplemental instruction, addition, deletion or alteration. CryptEscrow reserves the right to reject any changes to the original transaction terms and to terminate the transaction. The Parties to the transaction hereby agree to conduct the transaction electronically. The Parties agree that all instructions must be written and that the Parties and CryptEscrow are not obligated to follow or rely on any verbal or oral statements or instructions.

 

5. RISK DISCLOSURES; ASSUMPTION OF RISKS, RELEASE OF CRYPTESCROW

When buying or selling cryptocurrency, you are voluntarily choosing to engage in a sophisticated and risky financial transaction. You acknowledge that you are aware of the many risks associated with using CryptEscrow, including but not limited to, risks of financial loss, legal risk, or theft.

For the avoidance of doubt, CryptEscrow does not provide investment, tax, or legal advice, and you are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. CryptEscrow does not recommend that any cryptocurrency should be bought, earned, sold, or held by you. CryptEscrow will not be held responsible for the decisions you make to buy, sell, or hold cryptocurrency based on the information provided by CryptEscrow.

You hereby irrevocably waive, release and discharge any and all claims, whether known or unknown to you, against CryptEscrow, and its affiliates. 

 

CryptEscrow disclaims any and all liability for the contents of the advertisements on its site.

 

You represent and warrant:

  • that you have the knowledge, experience, understanding, professional advice and information to make your own evaluation of the merits and risks; and

  • that you own, operate and control the digital wallet you provide to CryptEscrow.   

6. REGULATORY

 

CryptEscrow implements the Bank Secrecy Act and its implementing regulations (collectively, the "BSA") which set out the requirements imposed upon financial institutions to implement policies and procedures reasonably designed to detect and prevent money laundering and terrorist financing. Your access to and use of the Services is subject to compliance with CryptEscrow’s AML Program.

 

Transactions in cryptocurrency are subject to applicable laws, regulations, and rules of federal and state governmental and regulatory authorities (collectively, "Applicable Laws"). Compliance with Applicable Laws may include compliance with any guidance or direction of any regulatory authority or government agency, any writ of attachment, lien, levy, subpoena, warrant, or other legal order (collectively, "Legal Orders"). You understand and acknowledge that in no event will CryptEscrow be obligated to affect any transaction it believes would violate any Applicable Law. You further understand and acknowledge that CryptEscrow is not responsible for any losses, whether direct or indirect, that you may incur as a result of CryptEscrow’s good faith efforts to comply with any Applicable Law, including any Legal Order.

 

7. GENERAL SERVICE TERMS

 

7.1. Dispute Resolution

 

CryptEscrow reserves the right to resolve issues and disputes at its sole discretion. Some issues include infringement of others’ rights, violation of laws and regulations, abnormal trades, and others not explicitly mentioned in the Terms. Users agree to bear the costs arising from the process of dispute resolution.

 

7.2. Accuracy of Information

 

Users must provide any information requested to use the Services. You represent and warrant that all information you provide via the Services is accurate and complete in all respects including the contents of your advertisements.

 

7.3. Compliance with Law; Taxes

 

You are responsible for complying with all applicable laws related to your use of the Services, including without limitation any reporting obligations and payment of all applicable taxes. You will determine what, if any, laws apply to you based on your country of residence. CryptEscrow recommends you consult with a lawyer prior to engaging in any transactions. It is your responsibility to report and remit the correct tax to the appropriate tax authority. CryptEscrow is not responsible for determining whether taxes apply to your use of our services.

 

7.4. Unacceptable Use or Conduct

 

You will not:

 

  • Violate any law, regulation, contract, intellectual property or other third-party right, or commit a tort while using the Services;

  • Use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner;

  • Use any robot, spider, crawler, scraper, or other automated means or interface not provided by CryptEscrow to access the Services or to extract data;

  • Use or attempt to use another user’s account without authorization;

  • Introduce any malware, viruses, or other harmful material to the site;

  • Provide false, inaccurate, or misleading information; or

  • Encourage or induce any third party to engage in any of the activities prohibited under this Section.

 

7.6. Service Fees

 

CryptEscrow reserves the right to charge service fees to users who use the Services. It is in the discretion of CryptEscrow to adjust the service fees charged to users using the Services. By using CryptEscrow Services you agree to pay all fees and, if applicable based on the service, a spread. CryptEscrow reserves the right to adjust its pricing and fees and any applicable waivers at any time. We notify you of the final price of each transaction, inclusive of pricing and fees, when you authorize the transaction and in the receipt we issue to you. We may charge network fees (miner fees) to process a transaction on your behalf. We will calculate the network fee at our discretion, and notify you of the network fee at or before the time you authorize the cryptocurrency transaction.

 

Fees are non-refundable.

 

7.7. Revocation

 

When you sign the purchase/sale contract and give us instructions to perform the escrow transaction, you cannot withdraw your consent to that purchase/sale.

 

7.8. Unauthorized and Incorrect Transactions

 

When an escrow transaction occurs using your credentials, we will assume that you authorized such transaction, unless you notify us otherwise. If you believe you did not authorize a particular transaction or that a transaction was incorrectly carried out, you must contact us as soon as possible via email at support@cryptescrow.com.

8. ELECTRONIC NOTICES

 

8.1. Consent to Electronic Delivery

 

You consent to receive electronically all communications, agreements, documents, receipts, notices, and disclosures (collectively, “Communications”) that CryptEscrow provides in connection with this Agreement, your CryptEscrow Account, or any Services. You agree that CryptEscrow may provide these Communications to you by posting them via the Services, by emailing them to you at the email address you provide, sending them using an app or other messaging service to your account on the app or messaging service, and/or by sending an SMS or text message to a mobile phone number that you provide. Your carrier’s normal, messaging data, and other rates and fees may apply to any mobile Communications. You should maintain copies of electronic Communications by printing a paper copy or saving an electronic copy. You may also contact CryptEscrow’ Support Team to request additional electronic copies of Communications or, for a fee, paper copies of Communications (as described below) by filing a support request at email at support@cryptescrow.com.

 

8.2. Termination; Survival of Provisions

 

If you are not in full compliance with all of these Terms, the permissions granted to you under these Terms will automatically terminate, and in such circumstance, you will no longer use or access, or be entitled to use or access, the Services.

 

CryptEscrow may terminate your right to use the Services, or block you from future use, at any time in its sole discretion, with or without cause, and without notice to you. Some circumstances in which CryptEscrow may exercise this right to terminate your right to use the Services include, but are not limited to: (i) you have breached any provision of the Terms; (ii) you have engaged in conduct which CryptEscrow, in its sole discretion, considers to be unacceptable; (iii) CryptEscrow is required by law to do so; or (iv) CryptEscrow no longer provides the Services. The above are only examples of circumstances in which CryptEscrow may terminate your right to use the Services and CryptEscrow may terminate your right to use the Services for any other reason in its sole discretion. We will not be liable to you due to or by reason of our termination of your right to use the Services or the automatic termination of your right to use the Services for non-compliance set forth above.

 

Any ongoing obligations on you, and the provisions relating to any other provisions designed to survive, will survive any termination or expiration of the Terms for any reason.

 

8.3. Updating Contact Information

 

It is your responsibility to keep your email address and/or mobile phone number on file with CryptEscrow up to date so that CryptEscrow can communicate with you electronically. If CryptEscrow sends you an electronic Communication but you do not receive it because your email address or mobile phone number on file is incorrect, or you are otherwise unable to receive electronic communications, CryptEscrow will be deemed to have provided the communication to you.

 

 

9. DISCLAIMER OF WARRANTIES

 

To the maximum extent permitted under applicable law, the Services are provided on an “as is” and “as available” basis and CryptEscrow expressly disclaims, and you waive, any and all other warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title or non-infringement or warranties arising from course of performance, course of dealing or usage in trade.

 

10. INDEMNIFICATION

 

You agree to indemnify and hold CryptEscrow and its affiliates, agents, officers, and employees from and against any suit, action, claim, demand, penalty or loss, including reasonable attorneys’ fees and expenses and any amount paid in settlement to a third party, made by or resulting from any third party (including any government agency or body) due to, in connection with or arising out of (i) your use of the Services (ii) any breach or alleged or claimed breach of the Terms or the materials it incorporates by reference, (iii) your violation of any law, regulation, order or other legal mandate, or the rights of a third party, or (iv) any act or omission by your agent, representative or third-party service provider while using the Services, regardless of whether the specific use was expressly authorized by you.

 

11. DISCLAIMER OF DAMAGES

 

In no event will CryptEscrow, its affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors be liable for any incidental, indirect, special, punitive, consequential or similar damages or liabilities whatsoever (including, without limitation, damages for loss of data, information, revenue, profits or other business or financial benefit) arising out of or in connection with the services, the CryptEscrow materials, any performance or non-performance of the services, or any other product, service or other item provided by or on behalf of CryptEscrow, whether under contract, statute, strict liability or other theory (including, for avoidance of doubt, any negligence of CryptEscrow), even if CryptEscrow has been advised of the possibility of such damages.

12. LIMITATION OF LIABILITY

 

CryptEscrow and its affiliates, agents, officers, and employees will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if CryptEscrow has been advised of the possibility of such damages.

 

The total liability of CryptEscrow for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the amount paid, if any, by you to use the Services.

 

13. DISPUTE RESOLUTION; ARBITRATION

 

All disputes, controversies or claims arising out of or relating to these Terms or the Services, will be resolved through confidential binding arbitration in Florida, governed by the rules and practices of the American Arbitration Association.  

 

14. GOVERNING LAW

 

This Agreement shall be governed by the laws of the State of Florida, not including its conflict of laws principles.

 

15. MISCELLANEOUS

 

15.1. Remedies

 

If you violate any of these Terms, CryptEscrow may, as it determines reasonably necessary to remedy or mitigate your violation, delete all or part of such information transmitted by you and suspend or cancel your account.  CryptEscrow shall in no event be responsible or liable for any damage incurred by the user as a result of an action taken by CryptEscrow pursuant to this paragraph. Any right or remedy of CryptEscrow set forth in these Terms is in addition to, and not in lieu of, any other right or remedy whether described in these Terms, under statute, at law or in equity.

 

15.2. CryptEscrow Affiliates and Contractors

 

An “Affiliate” is, with respect to a legal entity, another legal entity that controls, is under common control with, or is controlled by the first legal entity. The Services may be operated or provided by CryptEscrow, its Affiliates, or their respective contractors. To the extent that a contractor of CryptEscrow or an Affiliate of CryptEscrow, is operating or providing any Services, the Affiliate or contractor’s provision of such Services will be under terms identical to these Terms substituting the Affiliate or contractor’s name wherever CryptEscrow’ name occurs in these Terms.

 

15.3. Nonwaiver

 

CryptEscrow’s failure or delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof.

 

15.4. Severability

 

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.

 

15.5. Force Majeure

 

CryptEscrow will have no responsibility or liability for any failure or delay in performance of any Services, or any loss or damage that you may incur, due to any circumstance or event beyond the control of CryptEscrow, including without limitation any flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction.

 

15.6. Assignment

 

You may not assign or transfer any right to use the Services or any of your rights or obligations under these Terms without prior written consent from us, including by operation of law or in connection with any change of control. CryptEscrow may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.

 

15.7. Entire Agreement

 

These Terms constitute the entire agreement between you and CryptEscrow regarding your use of the Services, superseding any prior version of these Terms between you and CryptEscrow with respect to the Services. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. The section titles in these Terms are for convenience only and have no legal or contractual effect.

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