2. Registration

2.1 Generally

In order to use the Services, you must open a ColorCrypto.io account. When you open an account, we will ask you for contact information such as your name, phone number, and email address. We will also ask you for information on your business, including, but not limited to, your business’s legal name, registered address, and your company website. The information that you provide at the time of the account opening must be accurate and complete and you must inform ColorCrypto.io within a reasonable time of any changes to such information. We may, at any point, require additional information from you (including any person signing below or otherwise agreeing to the Terms and Conditions on behalf of the merchant) to help verify your identity and assess your business risk, such as your date of birth, tax identification number, government-issued identification, or company financial statements. You hereby further confirm that we may obtain additional information about you from third parties, such as credit bureaus and identity verification services. In the event that you do not provide ColorCrypto.io with accurate, complete and satisfactory information, we reserve our right to reject your account registration or to close your ColorCrypto.io account at a later stage.

2.2 Guarding your Password

When registering your account, you will be prompted to choose a password. You are responsible for maintaining the confidentiality of your password and account access information. You are further fully responsible for all activities that occur with the use of your password or account. Kindly notify ColorCrypto.io immediately of any unauthorized use of your password or account or any other breach of security. ColorCrypto.io will not be held liable for any loss that you may incur as a result of someone else using your password and/or account, either with or without your knowledge. You may not allow other merchants and/or any person to use your account, nor may you use anyone else’s password and/or account at any time.

3. Your Sales

3.1 Daily Transaction Volume Limits

When you register for a ColorCrypto.io account, you will be enabled to transact at the Basic Tier level. At ColorCrypto.io’s discretion, and based on ColorCrypto.io’s risk assessment of your business, transaction capabilities may not be enabled until additional documentation or information regarding you and your business is submitted and/or verified.

3.2 Invoices and Records

You are required to keep all records needed for fulfilling the goods or services sold to the Purchaser and providing any post-sale support to the Purchaser. If the sale of the item requires any government registration of the sale, you are responsible for such registration. ColorCrypto.io is required to maintain records of all documentation and information collected for your merchant account for the duration that your account is active, and up to 5 years thereafter.

3.3 Customer Verification

Consistent with your local laws and regulations, you are solely responsible for obtaining any information required of those who purchase your goods or services. For instance, if applicable law prohibits a sale to persons under the age of 18 years, you must ensure that a Purchaser is at least 18 years of age. Similarly, if applicable law requires that a Purchaser’s identity be verified, you must verify the Purchaser’s identity. We will not be held liable for your failure to adequately verify your Purchasers’ identities and/or qualifications and/or information.

3.4 Representation and Warranties

Use of the Services is subject to the laws and regulations of Switzerland regarding the prevention of terrorist financing and anti-money laundering. You agree and acknowledge that your use of the Services would and will comply with such laws and regulations, including, without limitation, the sanctions programs administered by the Office of the Swiss Financial Market Supervisory Authority (FINMA).

Your use of the Services is also subject to the following important restrictions. Specifically, you represent and warrant to ColorCrypto.io that:

• You are at least eighteen (18) years old or older and have the right, power and contractual capacity to agree to these Terms and Conditions.
• Your use of the Services will not contravene any applicable international, federal, state or local law or regulation, including applicable tax laws and regulations.
• Your use of the Services will not relate to sales of:
  1. narcotics, research chemicals or any controlled substances;
  2. cash or cash equivalents, including items used for speculation or hedging purposes (such as derivatives), and the sale or trade of virtual currencies;
  3. items that infringe or violate any intellectual property rights such as copyrights, trademarks, trade secrets, or patents;
  4. ammunition, firearms, explosives (including fireworks), or weapons regulated under applicable law or as determined by ColorCrypto.io; and/or
  5. any services which compete with ColorCrypto.io.
• Your use of the Services will not relate to transactions that:
  1. show the personal information of third parties in violation of applicable law;
  2. support pyramid, Ponzi, or other “get rich quick” schemes;
  3. are associated with purchases of annuities or lottery contracts, lay-away systems, banking, off-shore banking, foreign exchange, transactions to finance, investing, investment related products, or refinancing debts funded by a credit card;
  4. are associated with Money Service Business activities, as defined by the Swiss Financial Market Supervisory Authority (FINMA); and/or
  5. provide credit repair or debt settlement services.

Any exceptions made to the prohibitions in this Section 3.4 (Representations and Warranties) shall be subject to internal review and only effective when expressly authorized by ColorCrypto.io in writing.

3.5 Our Right to Reject

We reserve the right to decline to process a sale if we are of the opinion that it violates these Terms and Conditions or would expose you, other merchants, Purchasers, or other parties to any risk and/or harm. If we reasonably suspect that your ColorCrypto.io account has been used for an illegal purpose, you hereby authorize ColorCrypto.io to share information about you, your ColorCrypto.io account, and your account activity with relevant law enforcement.

4. Third Parties

4.1 Your Use of Third-Party Services

In using the ColorCrypto.io website or the Services, you may be offered services, products and promotions provided by third parties. If you decide to use these third-party services, you do so at your own risk and are solely responsible for reviewing, understanding and complying with the associated terms and conditions. We expressly disclaim any liability for the third-party services and are not liable for the performance of the third-party services or servicers.

4.2 Security

We have implemented security measures designed to secure your information from accidental loss and from unauthorized access, use, alteration or disclosure. However, you acknowledge that you provide your information at your own risk, except as otherwise provided by applicable law, as we cannot guarantee that unauthorized persons will never gain access to your information.

5. How we Collect, Use and Share Information

In order to provide the Services, we may share information about you and your ColorCrypto.io account with third parties, including but not limited to your third-party settlement gateways and Purchasers.

5.1 Verification of Your Identity

In order to verify the information, you submit via the account registration process as detailed in Section 2.1 (Generally), we may request information from various third parties, including credit bureaus and identity verification services. By accepting these Terms and Conditions you authorize ColorCrypto.io to retrieve information about you by using third parties and acknowledge we may have to share the information you have previously submitted to do so.

From time to time ColorCrypto.io may engage third parties in order to assist in different aspects of the provision of our Services to you. You acknowledge and agree your use of the Services may require we share your information with these third parties who may need to review your eligibility to use the Services according to their own verification procedures.

6. Our Ownership of the Services and the ColorCrypto.io Website

You agree and acknowledge that we own all rights, titles and interests to and in the Services, the associated software, technology tools and content, the ColorCrypto.io website, the content displayed on the website, and other materials produced by and related to ColorCrypto.io (collectively, the ColorCrypto.io IP). You are only permitted to use the Services and the ColorCrypto.io IP to accept and receive payments, according to these Terms and Conditions. When you accept the Terms and Conditions, we grant you a personal, limited, revocable and non- transferable license to use the ColorCrypto.io IP, without the right to sublicense. You shall not rent, lease, sublicense, distribute, transfer, copy, reproduce, download, display, modify or timeshare the ColorCrypto.io IP or any portion thereof, or use the ColorCrypto.io IP as a component of or a base for products or services prepared for commercial sale, sublicense, lease, access or distribution. You shall not prepare any derivative work based on the ColorCrypto.io IP, nor shall you translate, reverse engineer, decompile or disassemble the ColorCrypto.io IP.

7. Advertising

By written mutual consent, we may publish your corporate name, artwork, text and logo (Merchant Content) on the ColorCrypto.io website and promotional materials to acknowledge you as our customer. You represent and warrant to ColorCrypto.io that you have the right to provide the Merchant Content to ColorCrypto.io, and that the use, copying, modification and publication of the Merchant Content by ColorCrypto.io:

• will not infringe, violate or misappropriate any third-party copyright, patent, trade secret or other proprietary rights,
• will not infringe any rights of publicity or privacy, and
• will not be defamatory or obscene or otherwise violate any law.

8. Invoices & Settlement

8.1 Invoice Generation and Exchange Rate Guarantee

ColorCrypto.io will pull the exchange rates, where applicable and provide the cryptocurrency amount and payment instructions to you for you to display to the Purchaser. We guarantee the exchange rate to you as long as the Purchaser pays within the proper timeframe after the invoice is created. Invoice timeout information is clearly displayed on each ColorCrypto.io invoice. While we guarantee the exchange rate as long as the Purchaser pays within such timeframe, you agree that you assume the volatility risk of your local currency or cryptocurrencies, as applicable. ColorCrypto.io pricing excludes withdrawal fees.

8.2 Methods of Settlement

We will verify the Purchaser’s payments over the various cryptocurrency peer-to-peer payment networks (blockchains) and post the balance to your accounting ledger, according to your preference settings. The debits and credits to your accounting ledger are funds temporarily held by ColorCrypto.io until settlement to your bank account can take place. You assume volatility risks of the cryptocurrency in which you invoice and are settled in.

8.3 Settlements in cryptocurrencies

Any cryptocurrency accepted by ColorCrypto.io on your behalf must be settled in the same cryptocurrency to a cryptocurrency wallet selected by you. Payments in cryptocurrency are sent to your designated address, at least once per calendar day. ColorCrypto.io is not liable for any losses incurred as a result of improperly reported or designated cryptocurrency addresses.

In the event that you wish to be settled in an alternative cryptocurrency, you may elect to engage with one of the integrated third parties listed on our site.

8.4 Payment Exceptions

In certain situations when an invoice is not fully paid or overpaid, it will result in a payment exception. As the merchant, it is your responsibility to log into your merchant console and use one of the predefined options to correct these payment exceptions.

8.4.1 Underpayments

Underpayments occur when the Purchaser sends less than the full cryptocurrency amount required to mark the invoice as fully paid. Since the invoice is not fully paid or complete, the funds do not get applied to the merchant ledger. It is the merchant’s responsibility to log into their ColorCrypto.io account and take action on these payment exceptions, which will allow the payment to be applied and credited to the ledger, or provide the Purchaser’s refund cryptocurrency address so that we may return the funds. If neither of these steps are taken, the invoice will stay in a partially paid state until completed.

8.4.2 Overpayments

Overpayments occur when an invoice receives excess funds. In cases such as this, this invoice passes through the state of being paid in full and is marked as an overpayment. Since there were enough funds to mark the invoice as paid in full, those funds are applied to the merchant ledger. However, the excess funds are not applied and require action. As a best practice, we suggest that you reach out to the Purchaser to obtain a refund cryptocurrency address and request that ColorCrypto.io refund the overpaid funds to the Purchaser by logging into your merchant console and taking action on the payment exceptions. As the merchant, you also have the ability to request that the overpaid portion of the payment be applied to your merchant account, typically in cases where you are providing a trackable service and the additional funds can be easily refunded to the Purchaser.

8.4.3 Orphan Payments

These types of payments occur when a transaction is received outside the time window referenced in Section 8.1 (Invoice Generation and Exchange Rate Guarantee). Any payments sent to the expired address will show up in ColorCrypto.io's system as an orphan payment. For more information or to resolve orphaned payments, either you or the Purchaser will need to reach out to support@ColorCrypto.io with the appropriate information.

9. Account Termination

9.1 Your Right to Close Your Account

These Terms and Conditions apply only for as long as you use the Services. Once you cease using the Services, these Terms and Conditions no longer apply, subject to Section 13.11 (Survival). You may close your ColorCrypto.io account at any time. You will still be obligated to ColorCrypto.io for any fees incurred, if applicable, before the closure and we will remit to you funds not yet paid to you and associated with pre-closure sales.

9.2 Our Right to Close or Suspend Your Account

We may terminate your account, at our discretion, upon notice to you via email or phone communication. We may also suspend your access to the Services if we suspect that you have failed to comply with these Terms and Conditions, pose an unacceptable fraud risk to ColorCrypto.io, or if you provide any false, incomplete, inaccurate or misleading information. We will not be liable to you for any losses that you incur in connection with our closure or suspension of your account.

9.3 Effect of Account Closure

If your ColorCrypto.io account is closed, you agree: (a) to continue to be bound by these Terms and Conditions, as required by Section 13.11 (Survival) (b) to immediately stop using the Services, (c) that the license provided under these Terms and Conditions shall end, (d) that we reserve the right (but have no obligation) to delete all of your information and account data stored on our servers, and (e) that we shall not be liable to you or any third party for termination of access to the Services or for deletion of your information or account data.

10. Indemnification

You hereby agree to indemnify ColorCrypto.io, its affiliated and related entities, and any of its officers, directors, employees and agents from and against any claims, costs, losses, liabilities, damages, expenses and judgments of any and every kind (including, without limitation, costs, expenses, and reasonable attorneys’ fees) arising out of, relating to, or incurred in connection with any claim, complaint, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms and Conditions; (b) your wrongful or improper use of the Services; (c) the products or services sold by you through the Services, including but not limited to any claims for false advertising, product defects, personal injury, death or property damage; or (d) any other party’s access or use of the Services with your account information.

11. No Warranties

WE PROVIDE THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE PROVIDE THE SERVICES WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT). WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICES (AND OUR WEBSITE): WILL OPERATE ERROR-FREE OR THAT DEFECTS OR ERRORS WILL BE CORRECTED; WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE, UNINTERRUPTED OR SECURE AT ANY PARTICULAR TIME OR LOCATION; ARE FREE FROM VIRUSES OR OTHER HARMFUL CONTENT. WE DO NOT ENDORSE, WARRANT, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OFFERED OR ADVERTISED BY A THIRD PARTY THROUGH THE SERVICES OR THROUGH OUR WEBSITE, AND WE WILL NOT BE A PARTY TO NOR MONITOR ANY INTERACTIONS BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

12. Limitation of Liability

IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR ANY LOSS, THEFT, DISAPPEARANCE, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICES, REGARDLESS OF THE FORM OF ACTION AND WHETHER OR NOT WE KNEW THAT SUCH DAMAGE MAY HAVE BEEN INCURRED. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING, VIRUS TRANSMISSION OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES, YOUR ColorCrypto.io ACCOUNT, OR ANY INFORMATION CONTAINED THEREIN. IN NO EVENT WILL OUR LIABILITY FOR ANY DAMAGES ARISING IN CONNECTION WITH THE SERVICES EXCEED THE FEES EARNED BY ColorCrypto.io IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE 6 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

13. Miscellaneous

13.1 Taxes

You are responsible for determining any and all taxes assessed, incurred, or required to be collected, paid, or withheld for any reason in connection your use of our software and services (Taxes). You also are solely responsible for collecting, withholding, reporting, and remitting correct Taxes to the appropriate tax authority. We are not obligated to, nor will we determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction.

13.2 Privacy Policy

Please see our Privacy Policy for information regarding how we collect and use information. The Privacy Policy is part of these Terms and Conditions, so please make sure that you read and understand it.

13.3 Assignment

You may not transfer or assign these Terms and Conditions, or any rights granted by these Terms and Conditions. You agree and acknowledge that we may assign or transfer these Terms and Conditions.

13.4 Severability

Should any provision of these Terms and Conditions be determined to be invalid or unenforceable under any law, rule, or regulation, such determination will not affect the validity or enforceability of any other provision of this Agreement.

13.5 Waivers

Our failure to assert any right or provision in these Terms and Conditions shall not constitute a waiver of such right or provision, and no waiver of any term or conditions, shall be deemed a further or continuing waiver of such or other term.

13.6 Entire Agreement

These Terms and Conditions, including the Privacy Policy referenced herein, represent the entire understanding between you and ColorCrypto.io with respect to the matters discussed. Headings are included for convenience only and shall not be considered in interpreting these Terms and Conditions.

13.7 Notices

You agree to accept communications from ColorCrypto.io in an electronic format, and agree that all terms, conditions, agreements, notices, disclosures or other communications that we provide to you electronically will be considered to be “in writing”.

13.8 Governing Law

These Terms and Conditions will be governed by and construed in accordance with the laws of Switzerland. If a disagreement or dispute in any way involves the Services or these Terms and Conditions and cannot be resolved between you and ColorCrypto.io with reasonable effort, the disagreement or dispute shall be resolved exclusively by a forum based in Switzerland. The parties agree that the laws of Switzerland shall be used to resolve any dispute.

13.9 Amendment

ColorCrypto.io may update or change these Terms and Conditions from time to time by posting the amended Terms and Conditions on our website. Such updates or changes shall be effective at the time of posting. If you continue to use the Services after we provide notice of such changes, your continued use constitutes an acceptance of the amended Terms and Conditions and an agreement to be bound by them. If you do not agree to the amended Terms and Conditions, you must close your ColorCrypto.io account per the termination section of this agreement and discontinue your use of the Services.

13.10 Force Majeure

Neither you nor we, will be liable for delays in processing or other non-performance caused by such events as fires, telecommunications, network congestion, utility, or power failures, equipment failures, labour strife, riots, war, non-performance of our vendors or suppliers, acts of God, or other causes over which the respective party has no reasonable control; provided that the party has procedures reasonably suited to avoid the effects of such acts.

13.11 Survival

The provisions of Sections 3.4 (Representations and Warranties), 4.2 (Security), 6 (Our Ownership of the Services and the ColorCrypto.io Website), 7 (Advertising), 8.5 (Certain Deferrals), 10 (Indemnification), 11 (No Warranties), 12 (Limitation of Liability), and 13.8 (Governing Law; Arbitration) shall survive the termination of these Terms and Conditions.