Terms of Use

The present Terms of Use and any terms incorporated herein (hereinafter the "Terms") apply to your ("user," "you") use of the Services (also the "Services"), including coinchain.exchange (the "Website"), the technology and the integrated platform therein, as well as any related applications (including, without limitation, mobile applications), which are operated and maintained by coinchain.exchange (the "Website") and its equivalents in the context of this document ("Coinchain," "We," or "Us").

We provide you with the opportunity to use our Services, as defined above, under the following conditions.

The coinchain.exchange service is operated by:

NewGenIT Ltd., registration number 246535. Registered address: House Of Francis, Room 303, Ile Du Port, Mahe, Seychelles.

At the same time, certain services, including cryptocurrency exchange services, may be provided by our other operating companies or by the operating companies of our partners.

1. Enforcement and Amendments

1.1 These Terms of Use constitute a binding agreement between Coinchain and the user from the moment the user accesses the Website and uses the Services. Thereby the user confirms that they have fully read and accepted these Terms of Use before starting to use this service.

1.2 The user agrees that the Terms of Use may be periodically updated at the discretion of Coinchain. If the user does not read and accept the Terms of Use in full, they must not use or continue to use the Services.

1.3 We reserve the right, from time to time, to amend, supplement, or modify these Terms at our discretion.

2. Provided Services

2.1 Our Services provide you with the opportunity to exchange one type of crypto asset for another.

2.2 For the purposes of this Agreement, "Exchange" means the exchange of one type of crypto asset for another type of crypto asset under the conditions set by the exchanging parties, carried out through a third-party service in the relevant blockchain network. When you exchange crypto assets, you acknowledge and agree that the Exchange will be carried out through a third-party exchange service with additional fees applicable to such Exchange. You acknowledge and agree that the information about exchange rates provided through the Services is for reference only and may differ from the actual rates available through other sources outside our Services.

2.2.1 Fixed rate: Our fee will be 1% + network fee. No hidden fees. The rate is frozen for 12 minutes. If the market rate changes by more than 1.3% before the transaction is detected in the blockchain network, you will be offered either a refund or to proceed with the exchange at the market rate.

2.2.2 Floating rate: Not fixed until the funds are received and the exchange transaction is completed. Our fee is 0.5% + network fee. The exchange is carried out at the market rate – no hidden fees.

2.3 "Crypto assets" in this document are considered as a type of assets that can only and exclusively be transferred via blockchain technology, including, but not limited to, digital coins and digital tokens, as well as any other types of digital means of exchange, such as Bitcoin, Ethereum, Ripple, and the like, in full form and without being accompanied by any securities.

2.4 To carry out an exchange through our Services, our system automatically generates a specific address which contains information about the User; (ii) the crypto asset the User wishes to exchange and the crypto asset the User wishes to receive (together – the "crypto pair"); and (iii) the recipient's address provided by the User (the address where the exchanged crypto assets will be held).

2.5 YOU RELEASE COINCHAIN FROM LIABILITY for any direct, indirect, consequential, special damages or any other damages of any kind, including, without limitation, loss of right of use, loss of profit or loss of data, whether resulting from actions under the Agreement, tort (including but not limited to negligence) or otherwise, related to your use of our Services, including, without limitation, arising from your personal error and breach, such as incorrect use of an address, incorrectly constructed transactions, and the like.

2.6 Coinchain does not provide custody services, which means that we do not hold your crypto assets on deposits and balances. In limited cases, such as the need to carry out Anti-Money Laundering ("AML") and Know Your Customer ("KYC") procedures, the exchange may be delayed. YOU THEREBY UNDERSTAND AND ACKNOWLEDGE THAT ANY DELAYS ARE POSSIBLE; YOU RELEASE US FROM LIABILITY for any claims, demands and damages whether direct, indirect, consequential, special or any other of any kind, including, but not limited to, loss or deprivation of profit resulting from actions under the Agreement, tort (including but not limited to negligence) or otherwise, arising or in any way related to the delay of the exchange, whether or not caused by our fault.

2.7 The coinchain.exchange service reserves the right to apply AML and KYC procedures to all Users, addresses and individual crypto asset transactions according to our AML policy available at: https://coinchain.exchange/docs/aml-policy. The application of such procedures depends on the internal policy of our liquidity providers and is aimed at preventing and reducing possible risks related to coinchain.exchange services concerning money laundering and any other illegal activity. Coinchain reserves the right to request additional information and documents aimed at identifying our user and confirming the source of funds. The coinchain.exchange service reserves the right to appoint a third-party service provider to perform this procedure on our behalf. When processing your information, such service provider fully complies with our Privacy Policy regarding your personal information.

2.8 The coinchain.exchange service will not enter into business relationships with an individual or legal entity suspected of or directly connected with money laundering, or whose source of funds has been illegal activity.

2.9 If the exchange direction involves a floating rate, it is recalculated only downward. The executor is not responsible for or bears expenses for transaction delays on the client's side.

2.10 When using the "Fixed exchange rate" option, your rate is "fixed" for 15 minutes, i.e. it remains unchanged regardless of market changes. You acknowledge and agree that for the "Fixed exchange rate" option, the exchange rate information available on the Website may differ from exchange rates for the "Floating exchange rate" option. Coinchain cannot guarantee the completion of a transaction at a fixed exchange rate in certain cases, including, without limitation, the following:

  • the user sent crypto assets more than 10 minutes after clicking "confirm and make payment" when exchanging under the "Fixed exchange rate" option – in this case a recalculation based on the current market rate will occur;
  • the user sent an amount of crypto assets different from the amount that should have been sent as displayed on the website, or did not account for applicable withdrawal fees and network charges, thereby sending an amount that is too small – in this case the exchange will be made at the current market rate at the time of receipt of funds;
  • the user sent crypto assets to a previously used one-time address that was generated for a fixed exchange rate transaction;
  • the user sent cryptocurrency through multiple transactions to the generated order address – in this case a refund will be made minus all applicable fees.

If the market situation allows the exchange to be completed, the exchange will be completed automatically at the rate confirmed by the client at the start of the exchange. If the market situation is such that the exchange can no longer be completed, the crypto assets the user wishes to exchange will be returned, if possible at all, minus all applicable fees. Cryptocurrencies will be sent manually from the exchanges we work with, minus all applicable fees. A refund in such a case usually takes up to 24 hours. Cryptocurrencies whose crediting to the exchanger took more than two hours (the number of minimum confirmations for each cryptocurrency varies and can be clarified with support) are subject to an additional deduction of 0.5% of the liquidity provider's exchange rate in cases of refund or exchange operations.

2.11 All claims and complaints regarding exchange requests placed within the coinchain.exchange service must be submitted no later than 7 business days from the date of placing the relevant request. When submitting a claim, the customer undertakes to provide complete and accurate information about the problem, as well as supporting evidence. Coinchain undertakes to review each claim as soon as possible and take all necessary measures to resolve the issue. If a claim is not submitted within the established period or incomplete or inaccurate information is provided, Coinchain is not liable for damage caused to the customer. All claims and other significant legal documents must be sent to the official email help@coinchain.exchange. For legal matters: law@coinchain.exchange.

2.12 When sending funds under an Order that requires additional parameters such as MEMO, Destination tag or similar, it is extremely important to enter this data accurately. An error in entering them, incorrect specification of parameters, use of the wrong network, or sending to an incorrect address may result in the irreversible loss of your funds. If a transaction is sent without the necessary details, you should immediately notify our technical support and provide evidence that you initiated or sent the transaction. A fee of at least USD 80 will be charged for the recovery and refund service. We will review your request within 14 days after receiving all necessary evidence. Coinchain reserves the right to refuse a refund without stating reasons. A refund can only be requested if the transaction amount exceeds thirty (30) US dollars.

2.13 If the client disagrees with the payout, they must contact coinchain.exchange support within 6 hours from the moment of order completion. Requests received after 6 hours will not be accepted.

2.14 In the event of a dispute over the payout due to a technical error in rate display, the client's disagreement with the rate after the payout, or for any other reason, the client will be recalculated at the rate at the time of receiving all required confirmations on the exchange (Liquidity Provider). The rate will be determined based on minimum values downward. If there is no direct pair for the given direction, the rate will be calculated via the USDT pair.

2.15 In case of the client's refusal of recalculation at the rate at the time of receiving all confirmations on the exchange (Liquidity Provider), the financial obligations of the service under the application are considered fully fulfilled.

3. Eligibility

3.1 By accessing and using the Services and the Website, you represent and warrant that you are not located in and are not a citizen or resident of the United States of America, a country subject to sanctions by the United Nations, the U.S. Office of Foreign Assets Control (OFAC) or the European Union, as well as a country where the use of cryptocurrency is prohibited under applicable law. Coinchain does not operate in prohibited jurisdictions. Coinchain reserves the right to choose markets and jurisdictions to operate in and may at any time limit or refuse to provide services to certain countries.

3.2 You also represent, agree and warrant that you will not violate any laws, agreements, third-party rights or commit tortious acts when accessing or using the Services, and that you are solely responsible for your actions and/or inaction when using our Services. Without limiting the foregoing, you represent, agree and warrant that:

  • you have full legal capacity to enter into contracts under applicable law;
  • you are not located in, under the control of, or a citizen or resident of prohibited jurisdictions;
  • you have not previously been suspended or deprived of the right to use the Site and Services;
  • the use of the Services is not prohibited in your country;
  • you do not use the Services for fraudulent, scam or any other illegal purposes, including money laundering, terrorist financing, illegal gambling or other unlawful activities;
  • you use only crypto assets obtained from lawful sources in the Services;
  • you do not provide false, inaccurate or misleading information;
  • you do not take actions aimed at harming Coinchain or other users/providers;
  • you comply with the terms of this Agreement and all applicable laws;
  • you use the Site and Services exclusively for personal non-commercial purposes and do not act on behalf of third parties;
  • you acknowledge that Coinchain is not your broker, intermediary, agent, advisor or fiduciary, and no information provided by it constitutes advice;
  • you do not mislead other users and third-party providers;
  • you do not attempt to modify, decompile, reverse engineer or otherwise disassemble the software, Site or Services;
  • you do not use robots, spiders, scanners, scrapers or other automated means to access the Services unless provided by Coinchain;
  • you do not circumvent content filtering methods or attempt to access sections or features of the Services to which you do not have access rights;
  • you do not develop third-party applications interacting with the Services without prior written consent from Coinchain;
  • you do not frame or wrap Coinchain trademarks, logos or other content;
  • you do not copy, reproduce or otherwise distribute Coinchain content except as expressly permitted in the terms;
  • you do not remove or alter copyright notices and other proprietary markings;
  • you agree to receive electronically all messages, documents, notices and disclosures related to the use of the Site and Services;
  • you understand and accept that delays in the provision of services are possible;
  • you do not use proxy, VPN or other software to hide your IP address;
  • you do not encourage or induce third parties to take actions prohibited by these terms.

3.3 YOU RELEASE US FROM LIABILITY for any claims, demands and damages whether direct, indirect, consequential, special or any other damages of any other kind, including, without limitation, loss of right of use, loss of profit, loss of data or assets, whether resulting from actions under the Agreement, tort (including but not limited to negligence) or otherwise, arising or in any way related to the invalidity or breach of any of the provisions of this section and all terms.

4. Third-Party Content and Services

4.1 For the purposes of this Agreement, "Third-Party Content" means content provided by third parties, including, without limitation, links to web pages of such parties that may be presented on the Site and in other Services. "Third-Party Service" means any platform or network in which crypto assets belong to you or you are the beneficial owner of crypto assets, and such platform is maintained by a third party outside the Services, including, but not limited to, third-party accounts.

4.2 Lack of control over third-party services. You may be charged by a third-party service provider. Coinchain is not responsible for paying any third-party services. You are solely responsible for using third-party services and agree to comply with all terms applicable to any third-party services.

4.3 A mismatch of exchange rates is possible at any time due to third-party algorithms. YOU RELEASE COINCHAIN from any direct, indirect, consequential, special or any other damages of any other kind, including, without limitation, loss of right of use, loss of profit, loss of data or assets, whether resulting from actions under the Agreement, tort (including but not limited to negligence) or otherwise, arising or in any way related to the invalidity or breach of any of the provisions of this section and all terms.

4.4 When using our Services, you may view Third-Party Content. We do not control, endorse, or accept (unless expressly stated by Us) any Third-Party Content and are not responsible for Third-Party Content, including, without limitation, materials that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. Furthermore, your business relations or correspondence with such third parties are conducted solely between you and the third parties. We are not responsible for any losses or damages of any kind incurred as a result of any such dealings, and you understand that you use Third-Party Content and interact with third parties at your own risk.

5. Intellectual Property

5.1 All our intellectual property ("IP") assets, including, without limitation, all copyrights, trademarks, patents, service marks, trade names, software code, icons, logos, symbols, layouts, trade secrets, buttons, color schemes and graphics, are protected by local and international intellectual property laws and treaties.

5.2 We hereby grant you a limited, non-exclusive and non-sublicensable license to access and use our IP solely for your personal use.

5.3 In any case, you may not modify, alter, reproduce, distribute or use for commercial purposes any materials, including text, graphics, video, audio, software code, user interface design or logos.

5.4 The license granted under this Section is automatically revoked if we suspend or terminate your access to the Services.

5.5 If you upload or share feedback, suggestions, ideas or other information or materials ("Content") with us, you automatically grant us a license to use your content worldwide. It becomes part of the public domain while it remains on our Website and in the Services. It may be used for marketing or any other purposes at our discretion.

6. Limitation of Liability

6.1 Except where We expressly provide otherwise in writing, our Services are provided on an "as is" and "as available" basis. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH RESPECT TO OUR SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.

6.2 Unless otherwise required by law, in no event shall Coinchain, our directors, officers, members, employees or agents be liable for any direct, indirect, consequential, special or any other damages of any other kind, including, without limitation, loss of right of use, loss of profit, loss of data or assets, whether resulting from actions under the Agreement, tort (including but not limited to negligence) or otherwise, arising or in any way related to the use or inability to use our Services, including, without limitation, any damages caused or arising from the use of any information obtained from Coinchain, or arising from errors, omissions, interruptions, deletion of files or email, inaccuracy, defects, viruses, delays in operation or transmission, or any failure of operation, whether resulting from force majeure, communication failure, theft, destruction or unauthorized access to Coinchain records, programs or services.

6.3 An exchange through our Services cannot be canceled by Coinchain. Therefore, check the details of your exchange before making such an exchange. Coinchain is not responsible for your crypto assets after they are sent outside the scope of the Services. Moreover, Coinchain does not guarantee uninterrupted operation of the exchange process.

6.4 To the maximum extent permitted by applicable law, in no event shall the aggregate liability of Coinchain (including our directors, officers, members, employees and agents) under any circumstances, whether in contract, warranty, tort (including negligence, active, passive or imputed), product liability, strict liability or other theories, arising from the use or inability to use Coinchain or these Terms, exceed the fees paid by you to Coinchain during the 3 months immediately preceding the date of any claim giving rise to such liability.

6.5 We seek to protect our users from fraudulent and scam activities in the crypto asset space. It is possible that some crypto assets are intended for illegal seizure, or are regarded as fraud, scam or any other activity recognized by law as illegal and/or non-compliant with legal requirements. We reserve the right to prohibit and terminate any Exchanges through our Services with such crypto assets at our sole discretion, without prior notice to you and without publishing the reason for such decision when it becomes known to us. YOU RELEASE COINCHAIN from any claims, demands and damages whether direct, indirect, consequential, special or any other of any kind, including, but not limited to, loss or deprivation of profit resulting from actions under the Agreement, tort (including but not limited to negligence) or otherwise, arising or in any way related to the prohibition and termination of the exchange process on our site with any crypto asset.

6.6 coinchain.exchange may refuse service without explanation and disclosure of reasons.

6.7 If a client uses other cryptocurrency addresses as well as email addresses in order to bypass a block in the service, coinchain.exchange withholds up to 5%.

7. Miscellaneous

7.1 These Terms contain the entire agreement and supersede all prior and contemporaneous arrangements between the parties regarding the Services.

7.2 In the event of any conflict between these Terms and any other agreement you may enter into with Coinchain, the terms of that other agreement will prevail only if these Terms are specifically identified and declared to be overridden by that other agreement.

7.3 Our failure or delay in exercising any rights, powers or privileges under these Terms shall not operate as a waiver thereof.

7.4 The invalidity or illegality of any of these Terms does not affect the validity or legality of any other of these Terms, all of which remain in full force and effect.

7.5 You may not assign or transfer any of your rights or obligations under these Terms without the prior written consent of Coinchain, including by operation of law or in connection with any change of control. Coinchain may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.

7.6 When you use the Website and the Services, Coinchain may collect, store and process personal data. Such collection and processing are governed by the current Coinchain Privacy Policy available at: https://coinchain.exchange/docs/privacy-policy. By using the Website and the Services, you confirm that you have read the Privacy Policy and agree to its terms.