Terms of Service

Krypta (hereinafter referred to as the "Platform", "Service", "we", "us", or "our") is a technology platform that provides a peer-to-peer (P2P) environment for users to independently negotiate and execute cryptocurrency exchange transactions. The Platform acts exclusively as a technology intermediary and information service provider.

The Platform is NOT a financial institution, exchange, broker, dealer, financial advisor, custodian (except for temporary escrow holding), investment company, or money services business. The Platform does not buy, sell, or exchange cryptocurrency on its own behalf and does not participate in transactions between users as a party.

All transactions conducted through the Platform are direct transactions between users (peer-to-peer). The Platform provides only the technical infrastructure: order matching, a communication channel, and an escrow mechanism for the temporary holding of cryptocurrency during the settlement of a trade.

By using the Platform, you acknowledge and agree that the Platform is merely a technology facilitator and bears no responsibility for the actions, omissions, or obligations of other users.

By accessing or using the Platform, you confirm that you have read, understood, and agree to be bound by these Terms of Service, our Privacy Policy, our AML/KYC Policy, and our Cookie Policy. If you do not agree to these terms, you must immediately cease using the Platform.

We reserve the right to modify these Terms at any time. The updated version will be published on this page with a revised "Last updated" date. Continued use of the Platform after any changes constitutes your acceptance of the new terms.

To use the Platform, you must be at least 18 years of age (or the age of legal majority in your jurisdiction) and have full legal capacity to enter into agreements. By registering, you represent and warrant that all information provided is accurate, current, and complete.

You are responsible for maintaining the confidentiality of your account credentials. You agree to immediately notify us of any unauthorized access to your account. The Platform is not liable for any loss or damage arising from your failure to secure your account.

The Platform reserves the right to refuse registration, restrict access, or terminate any account at its sole discretion and without prior notice, particularly where there is reason to suspect a violation of these Terms or applicable law.

The Platform provides an escrow mechanism as a technical tool to reduce the risk of fraud in P2P transactions. When a trade is initiated, the seller's cryptocurrency is temporarily locked in escrow until the conditions of the trade are met.

The escrow mechanism is a purely technical, automated function of the Platform that operates programmatically without discretionary human intervention in the normal course of operation. Escrow holding does not constitute custody of assets, financial management, or the provision of financial services. The escrow is implemented as an automated software mechanism that locks and releases cryptocurrency based on predefined conditions — confirmation by both parties or the outcome of a dispute resolution process. The Platform does not exercise discretionary control over escrowed funds.

Users are solely responsible for selecting counterparties, negotiating the terms of a trade, verifying payment, and confirming the completion of the transaction. The Platform does not guarantee the success, completion, or outcome of any trade.

The Platform is not responsible for any losses resulting from user errors, including but not limited to: sending funds to the wrong address, incorrect payment amounts, failure to confirm a trade within the specified timeframe, or interaction with fraudulent counterparties.

CRYPTOCURRENCY IS A HIGH-RISK ASSET. Trading in cryptocurrency involves a significant risk of financial loss, including the potential loss of the entire amount invested. Cryptocurrency values are highly volatile and can fluctuate substantially in short periods. Users should only trade with funds they can afford to lose entirely.

The Platform does not provide investment, financial, tax, or legal advice. No content on the Platform, including market data, transaction history, or any other information, shall be construed as investment advice, financial guidance, or a recommendation to buy, sell, or hold any cryptocurrency. Users are solely responsible for their own trading decisions and should seek independent professional advice where appropriate.

Past performance of any cryptocurrency is not indicative of future results. The Platform makes no representations regarding the future value, profitability, or performance of any cryptocurrency available on the Platform.

By using the Platform, each user represents, warrants, and agrees that: (a) all cryptocurrency used in transactions is lawfully obtained and owned by the user; (b) the user has full authority to dispose of such cryptocurrency; (c) the user acts on their own behalf and not as an agent or representative of a third party (unless properly disclosed); (d) the user complies with all applicable laws and regulations of their jurisdiction, including but not limited to tax obligations, reporting requirements, and currency control regulations.

Users are fully and solely responsible for determining and fulfilling any tax obligations arising from their use of the Platform and from transactions conducted through it. The Platform does not provide tax advice, does not withhold taxes, and does not file tax reports on behalf of users.

Users agree to provide accurate and complete information during registration and KYC verification, and to promptly update this information if it changes.

Users are strictly prohibited from using the Platform for: (a) money laundering, terrorist financing, or any other illegal activity; (b) transactions involving proceeds of crime or cryptocurrency obtained through unlawful means; (c) circumventing sanctions, embargoes, or other restrictive measures; (d) fraud, impersonation, or deceiving other users; (e) market manipulation, wash trading, or artificial inflation of trading volume; (f) any activity that may cause harm to the Platform, its reputation, infrastructure, or other users.

Users are prohibited from: (a) using accounts belonging to third parties; (b) acting as intermediaries or brokers for other individuals without disclosing their intermediary status and ensuring proper verification of all parties involved; (c) conducting transactions on behalf of other persons without appropriate verification and disclosure; (d) allowing third parties to use their account. Each user must act in their own name and on their own behalf unless their intermediary or representative status has been properly disclosed to the Platform and all applicable KYC/AML requirements have been satisfied for all parties.

The Platform reserves the right to investigate any suspicious activity and to take any measures it deems appropriate, including but not limited to: account suspension, asset freezing, transaction reversal, and reporting to relevant authorities.

The Platform charges fees for certain services as specified on the Platform. The current fee schedule is available on the Platform and may be updated from time to time. By using the Platform, you agree to pay all applicable fees.

The Platform reserves the right to modify the fee structure at any time. Any changes to fees will be communicated to users via the Platform and will take effect as specified in the notification.

The Platform does not and cannot verify the origin, legality, or "cleanliness" of cryptocurrency that users deposit, trade, or withdraw through the Platform. Users bear full and sole responsibility for ensuring that their cryptocurrency is lawfully obtained and that transactions comply with all applicable laws.

The Platform does not act as a guarantor, insurer, or underwriter of any transactions. The Platform makes no representations or warranties regarding the origin, legal status, or legitimacy of any cryptocurrency processed through its infrastructure.

Notwithstanding the above, the Platform reserves the right, at its sole discretion, to request additional verification (including AML/KYC documentation) from any user, to suspend transactions, or to freeze assets if the Platform identifies indicators of suspicious or potentially unlawful activity. Such actions are taken in good faith and in the interest of maintaining the integrity of the Platform.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM, ITS OPERATORS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; (B) LOSS OF PROFITS, DATA, REVENUE, BUSINESS, OR ANTICIPATED SAVINGS; (C) LOSSES ARISING FROM THE ACTIONS OR OMISSIONS OF OTHER USERS; (D) LOSSES ARISING FROM UNAUTHORIZED ACCESS TO YOUR ACCOUNT; (E) LOSSES CAUSED BY BLOCKCHAIN NETWORK FAILURES, DELAYS, OR TECHNICAL ERRORS OUTSIDE THE PLATFORM'S CONTROL.

The Platform's total aggregate liability, if any, shall not exceed the amount of fees paid by the user to the Platform during the twelve (12) months preceding the event giving rise to the claim.

The Platform provides its services on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

The Platform does not guarantee uninterrupted, timely, secure, or error-free operation of its services. The Platform may experience downtime, technical failures, maintenance periods, or other disruptions that could temporarily or permanently affect access to the Platform or its functionality.

The Platform shall not be liable for any losses or damages arising from: (a) temporary or permanent unavailability of the Platform or any of its features; (b) delays in processing transactions due to technical issues, network congestion, or blockchain-related factors; (c) data loss or corruption resulting from technical failures; (d) force majeure events, including but not limited to natural disasters, cyberattacks, regulatory actions, or infrastructure failures beyond the Platform's control.

You agree to indemnify, defend, and hold harmless the Platform, its operators, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) any third-party claims related to your transactions on the Platform.

In the event of a dispute between users regarding a trade, the Platform provides an internal dispute resolution mechanism. Users may initiate a dispute through the Platform's interface, and a Platform arbitrator will review the evidence and render a decision.

The Platform's arbitration decisions are made in good faith based on the evidence provided by the parties. While the Platform strives for fair outcomes, it does not guarantee the accuracy or correctness of any arbitration decision. The Platform's decision in dispute resolution is final and binding within the scope of the Platform's escrow mechanism.

Users acknowledge that the Platform's dispute resolution mechanism does not replace or preclude legal remedies. Users retain the right to seek resolution through courts or other legal mechanisms in their jurisdiction.

The Platform may, at its sole discretion and without prior notice, temporarily or permanently suspend, restrict, or terminate your account and access to the Platform if: (a) you breach these Terms; (b) the Platform suspects fraudulent, illegal, or suspicious activity; (c) required by law, regulation, or a valid request from a competent authority; (d) necessary to protect the Platform, its users, or third parties.

Upon termination, any cryptocurrency held in escrow will be processed in accordance with the Platform's policies and applicable law. The Platform will make reasonable efforts to allow legitimate withdrawals of funds not subject to any freeze or investigation.

The Platform will fully and unconditionally cooperate with law enforcement agencies, regulatory bodies, courts, and other competent authorities of any jurisdiction in response to valid and lawful requests, including but not limited to: subpoenas, court orders, information requests, and official investigations.

Such cooperation may include the disclosure of user information, transaction history, IP addresses, and any other data held by the Platform, as well as the freezing or seizure of assets as directed by competent authorities.

The Platform is not obligated to notify users of such requests or actions where doing so would be prohibited by law or could compromise an investigation.

The Platform's services may not be available or may be restricted in certain jurisdictions. Each user is solely responsible for determining whether their use of the Platform is lawful under the laws of their country of residence, citizenship, or any other applicable jurisdiction. The Platform makes no representation that its services are appropriate or available for use in any particular jurisdiction.

By accessing and using the Platform, you represent and warrant that you are not located in, a citizen or resident of, or otherwise subject to the jurisdiction of any country or territory where the use of P2P cryptocurrency exchange services is prohibited or restricted by law. The Platform reserves the right to restrict or deny access from any jurisdiction at its sole discretion and without prior notice.

Without limiting the generality of the foregoing, the Platform's services are not available to residents of mainland China (the People's Republic of China, excluding Hong Kong SAR, Macau SAR, and Taiwan). Users from mainland China are prohibited from accessing or using the Platform in accordance with local regulations regarding cryptocurrency trading. The Platform reserves the right to restrict access from additional jurisdictions at any time.

The Platform shall not be held liable for any consequences arising from a user's violation of local laws or regulations regarding the use of cryptocurrency exchange services.

The Platform does NOT accept, receive, hold, process, or transmit fiat currency (government-issued money) in any form. The Platform does not act as a payment agent, payment service provider, e-money institution, bank, or any other form of financial intermediary with respect to fiat funds.

All fiat payments between users are made directly from one user to another, outside the Platform's infrastructure, using payment methods chosen and agreed upon by the users themselves. The Platform has no control over, and bears no responsibility for, the execution, timing, accuracy, or legality of any fiat payment between users.

The Platform's role is limited exclusively to providing the technical infrastructure for order matching, communication between counterparties, and the temporary escrow holding of cryptocurrency. Under no circumstances should the Platform be construed as a participant in, or facilitator of, fiat money transfers.

The Platform does NOT set, determine, regulate, recommend, or guarantee any cryptocurrency exchange rates. All prices, rates, and terms of trade are established exclusively by users themselves through their own offers and negotiations.

The Platform is a neutral marketplace where users independently publish offers with their own pricing. The Platform does not act as a market maker, does not quote prices, and does not influence the pricing of any trade. Any reference prices or market data displayed on the Platform are provided for informational purposes only and do not constitute an offer, recommendation, or guarantee.

The Platform shall not be liable for any financial losses resulting from exchange rate fluctuations, unfavorable trade terms, or any pricing decisions made by users.

All content, trademarks, logos, designs, software, and other intellectual property on the Platform are the exclusive property of the Platform or its licensors. Users are granted a limited, non-exclusive, non-transferable license to access and use the Platform for its intended purposes. Any unauthorized reproduction, distribution, or use of the Platform's intellectual property is strictly prohibited.

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which the Platform's operating entity is registered, without regard to conflict of law principles. Any disputes arising from or in connection with these Terms that cannot be resolved through the Platform's internal mechanisms shall be subject to the exclusive jurisdiction of the competent courts of the said jurisdiction.

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

For any questions or concerns regarding these Terms, please contact us at: legal@krypta.exchange