Last updated: July 1st, 2022
Hi! Welcome to CryptoSmartlife, a digital asset platform operated by and proprietary to Smartlife Digital Assets Pte Ltd, a company (doing business as : CryptoSmartlife Platform or Company) having registration credentials as 202129997W in Singapore. Please note that for our users in India, the CryptoSmartlife platform is operated by Smartliving Digital Technologies Private Limited, a Private limited company having registration credentials as U72200TG2021PTC155008. You agree and understand that by signing up to CryptoSmartlife and opening an account, you are agreeing to enter into this user agreement (the “User Agreement”) by and between you and CryptoSmartlife Company, and be legally bound by its terms and conditions, so please read them carefully. Please also note that there may be specific terms or conditions applicable to you as a user in a given jurisdiction, as detailed herein. If any term or condition of this User Agreement is unacceptable to you, please do not visit, access, or use CryptoSmartlife. Use of the words “we,” “us,” or “our” in this User Agreement refers to CryptoSmartlife Company, and any or all of its affliates.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY CLICKING THE "CREATE ACCOUNT" BUTTON OR BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE AND ALL TERMS INCORPORATED BY REFERENCE.
This summary of our Terms of Service oIers you an overview of the key terms that apply to your use of our website, transactions and other services. While we hope this summary section is helpful, you should read the complete Terms of Service below since they provide important information about how our services work. Please note that we refer to our online service where you can execute transactions and access our services as "CryptoSmartlife".
These Terms of Service and any terms expressly incorporated herein ("Terms") apply to your access to and use of the websites and mobile applications provided by CryptoSmartlife and its wholly owned subsidiaries, if any, (collectively, "CryptoSmartlife", "we", or "us"), and the trading, direct sale, staking and other services if any provided by CryptoSmartlife as described in these Terms. (collectively, our "Services").
Our products and services may be provided through other operating entities that are related to CryptoSmartlife other than the entity stated above.
Capitalized terms not otherwise de1ned in these Terms will have the following meaning:
"Funds" means Digital Asset and/or Legal Tender.
"Legal Tender" means any national currency, such as INR or USD, that may be used when such a feature goes live, in connection with a purchase or sale of Digital Assets via the Services, and does not include any Digital Asset.
"CryptoSmartlife Account" means a user account accessible via the Services where Funds may be stored by CryptoSmartlife on behalf of a user on its platform under the dashboard of the user.
G. "Digital Asset" means bitcoins, ripples and other digital assets that may be purchased and used on the platform via the Services.
7. "Digital Asset Account" means any Digital Asset address or account owned, controlled or operated by you that is maintained outside of the Services, and is not owned, controlled or operated by CryptoSmartlife.
CryptoSmartlife may not make the Services available in all markets and jurisdictions, and may restrict
or prohibit use of the Services from certain foreign jurisdictions ("Restricted Locations"). If you are registering to use the Services on behalf of a legal entity, you represent and warrant that (i) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and (ii) you are duly authorized by such legal entity to act on its behalf.
You further represent and warrant that you: (a) are of legal age to form a binding contract (at least 18 years old or the age of attaining adulthood in your jurisdiction); (b) have not previously been suspended or removed from using our Services; (c) have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party; (d) are not located in, under the control of, or a national or resident of (i) any Restricted Locations, or (ii) any country to which India has embargoed goods or services; (e) are not identi1ed as a "Specially Designated National;" (f) are not placed on the Interpol's Denied Persons List; and (g) will not use our Services if any applicable laws in your country prohibit you from doing so in accordance with these Terms.
Crypto Smartlife may condition your access or continued access to certain Services (or features of those Services), such as by imposing eligibility requirements. CryptoSmartlife will keep you informed of these on its website. CryptoSmartlife may require, on an ongoing basis, that you demonstrate to us that you continue to meet these requirements. CryptoSmartlife’s decisions with respect to eligibility are 1nal.
Please refer to our Privacy Notice for information about how we collect, use and share your information.
General Obligations applies to: (i) all transactions completed via the Services, (ii) your purchase and/or utilisation of Digital Assets directly from CryptoSmartlife via the Services, and (iii) any transaction in which you load Funds into your CryptoSmartlife Account from your External Account.
Cancellations. You may only cancel an order initiated via the Services if such cancellation occurs before CryptoSmartlife executes the transaction. Once your order has been executed, you may not change, withdraw or cancel your authorization for CryptoSmartlife to complete such a transaction. If an order has been partially completed, you may cancel the un1lled remainder if validated by CryptoSmartlife. We reserve the right to refuse any cancellation request associated with an order once you have submitted such an order. Normally all orders and transactions are irreversible once initiated. While we may, at our sole discretion, reverse a transaction, if legally possible, under certain extraordinary conditions, a customer does not have a right to a reversal of a transaction.
Taxes. It is your complete responsibility to determine what, if any, taxes apply to the transactions you complete via the Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that Crypto Smartlife is not responsible for determining whether taxes apply to your transactions or for collecting, reporting, withholding or remitting any taxes arising from any transactions.
External Account, and CryptoSmartlife makes no guarantee regarding the amount of time it may take to load Funds into your CryptoSmartlife Account.
Rejected Transactions. In some cases, the External Account may reject your Funds or may otherwise be unavailable to receive your Funds. You agree that you will not hold CryptoSmartlife liable whatsoever for any damages resulting from such rejected transactions.
This Section applies only when you use the Services to transact in Digital Assets for Legal Tender, OR to trade Digital Assets for another form of Digital Assets.
Trade options. Please refer to the Transaction Guidelines stated in the website and / or in Terms, for information about the terminology used in connection with the transaction options made available via the Services. If you do not understand the meaning of any transaction or digital asset jargon, we strongly encourage you not to utilize any of those transaction options and refrain from using our service.
G. Market volatility . Particularly during periods of high volume, illiquidity, fast movement or volatility in the marketplace for any Digital Assets or Legal Tender, the actual market rate at which a market order or trade is executed may be diIerent from the prevailing rate indicated via the Services at the time of your order or transaction. You understand that we are not liable for any such price Ructuations. In the event of a market disruption or Force Majeure event, CryptoSmartlife may do one or more of the following: (a) suspend access to the Services; or (b) prevent you from completing any actions via the Service. Following any such event, when transaction resumes, you acknowledge that prevailing market rates may diIer signi1cantly from the rates available prior to such event.
In accordance with and subject to conditions herein, as part of the Services you may in future receive from CryptoSmartlife extensions of staking rewards in the form of Digital Assets (“staking and other bene1t transactions”) to avail premium and exclusive features of platform for Digital Assets on the CryptoSmartlife platform.
You acknowledge, represent, warrant and agree that, prior to receiving an extension of such rewards from CryptoSmartlife, you will have read our Staking Rewards Statement when applicable mentioned in the website and general terms herein, understand the risks involved with staking rewards transactions, and have determined
that purchasing and earning of Digital Assets with the use of staking rewards is appropriate for you.
Staking Rewards and other bene1t on the CryptoSmartlife platform are made available under the following terms:
Staking Credits. CryptoSmartlife agrees to establish for your bene1t and in your name a scheme for you to receive Digital Assets from CryptoSmartlife to make transactions through your CryptoSmartlife Account (your “Margin Account”). Your staking rewards credit is a component of your CryptoSmartlife Account.
Staking Rewards and Transactions.
Subject to the Terms, CryptoSmartlife agrees to provide to you, and you may obtain from and return to CryptoSmartlife from time to time, staking credits to support transactions (each such provision of Funds, a “staking reward”). No staking reward will occur unless you meet or exceed any minimum balance requirements imposed by CryptoSmartlife for your Account. Moreover, notwithstanding anything to the contrary herein, CryptoSmartlife is under no obligation to make any staking rewards to you and may decline a request to claim staking rewards in its sole discretion.
When you use staking rewards and other bene1ts to eIectuate a transaction, you may be entering into a Digital Asset purchase transaction with one or more third-party trader(s) on the CryptoSmartlife platform (each a “Counterparty”). For example, you might use the staking rewards from Crypto Smartlife to buy more tokens from a Counterparty. In executing such transactions, CryptoSmartlife facilitates the transfer of ownership of the applicable Funds from the Counterparty to you (such Funds -- e.g., the Digital asset in the preceding example -- “Received Assets”) by registering you as the owner of the Received Assets on CryptoSmartlife’s internal blockchain based book-entry system.
If you are not (or are no longer) eligible to receive staking rewards, each of your then-existing staking rewards will become due and must be terminated: (i) on or before the 30th day after such credit bene1t was made; or (ii) immediately upon loss of eligibility if such Staking reward was made earlier than 30 days prior to the date on which you were no longer eligible.
Received Assets. All Received Assets are custodial assets held by Crypto Smartlife for your bene1t, as described in further detail below:
Ownership. Title to Received Assets shall at all times remain with you and shall not transfer to CryptoSmartlife, except as provided herein. As the owner of the Received Assets in your CryptoSmartlife Account, you bear all risk of loss of such Received Assets. None of the Received Assets in your CryptoSmartlife Account are the property of CryptoSmartlife. Crypto Smartlife does not represent or treat Received Assets in your CryptoSmartlife Account as belonging to CryptoSmartlife. Except as required by a valid court order, or except as provided herein, CryptoSmartlife will not sell, transfer, loan, hypothecate or otherwise alienate Received Assets in your CryptoSmartlife Account unless instructed by you or as otherwise authorized by these Terms. For the avoidance of doubt, CryptoSmartlife makes no warranty that Digital Assets in your CryptoSmartlife Account (including Received Assets) are held by you free and clear of any security interest or other lien or encumbrance.
Terminating staking rewards Extensions. To terminate a staking rewards, you must transfer su cient Funds from your CryptoSmartlife Account to Crypto Smartlife through the Services. The Funds you use to terminate a staking rewards must be the same asset type as the denomination of the staking rewards (for example, you must terminate a digital asset-denominated staking rewards by transferring digital asset from your CryptoSmartlife Account to CryptoSmartlife through the Services). You may terminate a staking reward by either: (i) directing immediately available Funds in your CryptoSmartlife Account to CryptoSmartlife by availment of any premium service; or (ii) selling requisite Collateral Assets (as de1ned below) if any, or other assets in your CryptoSmartlife Account on the CryptoSmartlife platform and applying the proceeds to the termination of the corresponding staking rewards. Prior to satisfying the corresponding staking rewards pursuant to the preceding sentence, Received Assets and requisite Collateral Assets may not be otherwise transferred to an External Account or traded on the CryptoSmartlife platform.
Restrictions on your CryptoSmartlife Account subject to satisfaction of your staking rewards obligations.
You agree to maintain in your CryptoSmartlife Account, at all times during the term of a staking rewards, a speci1ed minimum amount of Funds approved by Crypto Smartlife to qualify as collateral ("Collateral Assets"). This minimum amount of Collateral Assets (the "Maintenance Requirement"). This minimum amount of Collateral Assets (the “Maintenance Requirement”) will be de1ned through the Services and you will be noti1ed of any changes to the Maintenance Requirement prior to those changes taking eIect. Such notice shall indicate the eIective date for those changes.
A list of assets approved by CryptoSmartlife to be eligible as Collateral Assets will be de1ned through the Services and certain Digital Assets may only be valued as collateral on a discounted basis.
You will be noti1ed of any changes to the list of eligible Collateral Assets or discounts applied to the valuation thereof prior to those changes taking eIect. Such notice shall indicate the eIective date for those changes.
For purposes of calculating your compliance with the Maintenance Requirement, CryptoSmartlife will calculate (subject to any discounts) the market value of Collateral Assets on a continuous basis based on the prevailing value of each Digital Asset on one or more Digital Asset exchanges, including those operated by CryptoSmartlife if any. CryptoSmartlife has discretion to select Digital Asset exchanges for purposes of calculating this market value that Crypto Smartlife, in its reasonable judgment, believes oIers a reasonable valuation of a Digital Asset.
You hereby authorize and instruct CryptoSmartlife, in the event the value of your Collateral Assets falls below the Maintenance Requirement, to, without further notice to you: (a) place a market order on the CryptoSmartlife platform, on your behalf, to sell your Received Assets and apply the proceeds towards terminating your staking reward Extension(s); and/or (b) liquidate such other Funds in your account in the manner and amount practicable, in Crypto Smartlife’s reasonable discretion, to terminate the staking rewards either in full, or in an amount su cient, in CryptoSmartlife’s reasonable discretion, to restore the value of your Collateral Assets to an amount equal to or exceeding the Maintenance Requirement.
G. Staking Reward Period. Is the period when the staking rewards are earned on eligibility. However, we may, in our sole discretion, modify any or all existing and/or future Staking Reward Periods (i) in accordance with any information we make available on our website or provide to you in any other manner, or
(ii) otherwise in connection with our exercise of any of our rights and obligations under these Terms. You hereby authorize and instruct Crypto
Smartlife, for (a) place a transaction on the CryptoSmartlife platform, on your behalf, to sell your Received Assets and apply the proceeds to the staking rewards credit on your standing instructions; and/or (b) liquidate such other Funds in your account, in the manner and amount practicable, in CryptoSmartlife’s reasonable discretion, to terminate the staking rewards holding collateral asset.
Payment of Fees; Default.
Fees charged on and in connection with any staking rewards shall be at the applicable rates and methods of computation speci1ed in the Fee Schedule (the “Staking Fees”). If at any time and for any reason, the staking Fees on any staking reward credits made under these Terms exceeds the maximum rates permitted to be charged by CryptoSmartlife to you under applicable law, the parties hereto agree that the staking Fees shall be reduced automatically to the maximum rates permitted to be charged under applicable law.
Upon your failure to satisfy the Maintenance Requirement, to make any payment of fees, including staking Fees, when due or to terminate a staking reward when required, or upon otherwise materially breaching this clause, your staking rewards shall be immediately due and must be terminated (and any accrued and unpaid fees thereon and any fees and costs of collection must be paid) and, to the extent permitted by applicable law and in addition to any other remedies available to it, CryptoSmartlife, in its sole discretion, may apply the proceeds from the sale of any Digital Assets in your Account, whether such Digital Assets are considered Collateral Assets as de1ned in the Terms or not, 1rst to the payment of any outstanding fees, commissions, charges or other expenses then due to CryptoSmartlife, and then to the termination of your staking rewards. If your CryptoSmartlife Account balance becomes negative
in any case whatsoever, you agree to pay the amount of Funds owed to CryptoSmartlife within 24 hours.
Discontinuance of staking rewards Services. In exercising its rights mentioned herein after, CryptoSmartlife may, irrespective of any staking rewards credit Period for any outstanding staking rewards, cease making available credit Extensions for certain Digital Assets for any or all users. You hereby authorize and instruct CryptoSmartlife, without notice to you, as of the date that CryptoSmartlife elects, to: (a) liquidate your Received Assets, in the manner practicable, in CryptoSmartlife's reasonable discretion, and apply the proceeds to the termination of the staking rewards; and/or (b) liquidate such other Funds in your account, in the manner and amount practicable, in CryptoSmartlife's reasonable discretion, to terminate the staking rewards credits in full.
You may sustain a total loss of the Funds in your CryptoSmartlife Account, and, in some cases, you may incur losses beyond such Funds.
One listed, Placing contingent orders, such as "stop-loss" or "stop-limit" orders, will not necessarily limit your losses to the intended amounts, since market conditions may make it impossible to execute such orders.
All Digital Asset positions involve risk, including a risk to non utilise the token for the intended purpose on the CryptoSmartlife platform.
The use of leverage can work against you as well as for you and can lead to large losses as well as gains. Digital assets is in no way an assurance for the promised service though adequate safeguards for quality of service shall be put in place however the digital asset industry is highly volatile and you enter in such transactions at your own risk and for your own risk or rewards with no liability towards CryptoSmartlife.
This Section applies only when you use the Services to purchase or utilise Digital Assets directly from CryptoSmartlife, a service available in limited jurisdictions only.
(b) you authorize us, or our payment processor, to charge your designated payment method. If the payment method you designate cannot be veri1ed, is invalid or is otherwise not acceptable, your purchase order may be suspended or cancelled automatically. You agree to resolve any problems we encounter in order to proceed with your purchase order.
Third-Party Fees. In addition to the Fees, your External Account may impose fees in connection with your use of your designated External Account via the Services. Any fees imposed by your External Account provider will not be reRected on the transaction screens containing information regarding applicable Fees. You are solely responsible for paying any fees imposed by an External Account provider.
1le with CryptoSmartlife. Please note that CryptoSmartlife operates exclusively online and it is very burdensome for us to produce paper copies of Communications. Therefore, if you request paper copies, you understand and agree that CryptoSmartlife may charge you a processing fee, in the amount described in the Fee Schedule, for each page of Communication requested.
If for any reason CryptoSmartlife is holding Funds in your CryptoSmartlife Account on your behalf, and CryptoSmartlife is unable to return your Funds to your designated External Account after a period of inactivity, then CryptoSmartlife may report and remit such Funds in accordance with applicable state unclaimed property laws.
When accessing or using the Services, you agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while using our Services. Without limiting the generality of the foregoing, you agree that you will not:
Use our Services in any manner that could interfere with, disrupt, negatively aIect or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner;
Use our Services to pay for, support or otherwise engage in any illegal gambling activities; fraud; money-laundering; or terrorist activities; or other illegal activities;
Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Services or to extract data;
Use or attempt to use another user's account without authorization;
Attempt to circumvent any content 1ltering techniques we employ, or attempt to access any service or area of our Services that you are not authorized to access;
G. Develop any third-party applications that interact with our Services without our prior written consent;
Provide false, inaccurate, or misleading information; and
Encourage or induce any third party to engage in any of the activities prohibited under this Section.
We will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, ideas or other information or materials regarding CryptoSmartlife or our Services that you provide, whether by email, posting through our Services or otherwise ("Feedback"). Any Feedback you submit is non-con1dential and shall become the sole property of CryptoSmartlife. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). Do not send us Feedback if you expect to be paid or want to continue to own or claim rights in them; your idea might be great, but we may have already had the same or a similar idea and we do not want disputes. We also have the right to disclose your identity to any third party who is claiming that any content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy. We have the right to remove any posting you make on our website if, in our opinion, your post does not comply with the content standards set out in this section.
Unless otherwise indicated by us, all copyright and other intellectual property rights in all content and other materials contained on our website or provided in connection with the Services, including, without limitation, the CryptoSmartlife or CryptoSmartlife logo and all designs, text, graphics, pictures, information, data, software, sound 1les, other 1les and the selection and arrangement thereof (collectively, "Crypto Smartlife Materials") are the proprietary property of CryptoSmartlife or our licensors or suppliers and are protected by India and international copyright laws and other intellectual property rights laws.
We hereby grant you a limited, nonexclusive and non-sublicensable license to access and use the CryptoSmartlife Materials for your personal or internal business use. Such license is subject to these Terms and does not permit (a) any resale of the Crypto Smartlife Materials; (b) the distribution, public performance or public display of any CryptoSmartlife Materials; (c) modifying or otherwise making
any derivative uses of the CryptoSmartlife Materials, or any portion thereof; or (d) any use of the Crypto Smartlife Materials other than for their intended purposes. The license granted under this Section will automatically terminate if we suspend or terminate your access to the Services.
"Crypto Smartlife," the CryptoSmartlife logo and any other CryptoSmartlife product or service names, logos or slogans that may appear on our Services are trademarks of CryptoSmartlife, in Singapore and in other countries, and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any trademark, product or service name of CryptoSmartlife without our prior written permission, including without limitation any metatags or other "hidden text" utilizing any trademark, product or service name of CryptoSmartlife. In addition, the look and feel of our Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of CryptoSmartlife and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned through our Services are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
In using our Services, you may view content provided by third parties, including links to web pages of such parties, including but not limited to Facebook and Twitter links ("Third-Party Content"). We do not control, endorse or adopt any Third-Party Content and shall have no responsibility for Third-Party Content, including without limitation material that may be misleading, incomplete, erroneous, oIensive, indecent or otherwise objectionable. In addition, your business dealings or correspondence with such third parties are solely between you and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your use of Third-Party Content, and your interactions with third parties, is at your own risk.
In the event of any Force Majeure Event, breach of these Terms, or any other event that would make provision of the Services commercially unreasonable for CryptoSmartlife, we may, in our discretion and without liability to you, with or without prior notice, suspend your access to all or a portion of our Services. We may terminate your access to the Services in our sole discretion, immediately and without prior notice, and delete or deactivate your CryptoSmartlife Account and all related information and 1les in such account without liability to you, including, for instance, in the event that you breach any term of these Terms. In the event of termination, CryptoSmartlife will attempt to return any Funds stored in your CryptoSmartlife Account not otherwise owed to CryptoSmartlife, unless CryptoSmartlife believes you have committed fraud, negligence or other misconduct.
We may, in our sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY US, OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO OUR SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.
YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE EVENT OR OTHER DISASTERS INCLUDING THIRD PARTY DDOS ATTACKS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE OUR CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES.
Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.
EXCEPT AS OTHERWISE REQUIRED BY LAW, IN NO EVENT SHALL CryptoSmartlife, OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR SERVICES OR THE CryptoSmartlife MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM CryptoSmartlife, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO Crypto Smartlife'S RECORDS, PROGRAMS OR SERVICES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of this section may not apply to you.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CryptoSmartlife (INCLUDING OUR DIRECTORS, MEMBERS, EMPLOYEES AND AGENTS), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, CryptoSmartlife OR TO THESE TERMS EXCEED THE FEES PAID BY YOU TO CryptoSmartlife DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH LIABILITY.
You agree to defend, indemnify and hold harmless CryptoSmartlife (and each of our o cers, directors, members, employees, agents and a liates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to (a) your use of, or conduct in connection with, our Services; (b) any Feedback you provide; (c) your violation of these Terms; or (d) your violation of any rights of any other person or entity. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding (at our expense) and determine whether we wish to settle it.
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
You and CryptoSmartlife agree to arbitrate any dispute arising from these Terms or your use of the Services, except for disputes in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT. You and CryptoSmartlife agree to notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to CryptoSmartlife shall be sent to social@cryptoSmartlife.com. You and CryptoSmartlife further agree: (a) to attempt informal resolution prior to any demand for arbitration; (b) that any arbitration will occur in Singapore; (c) that arbitration will be conducted con1dentially by a single arbitrator in accordance with the rules of Arbitration Conciliation Act of Singapore; and (d) that the state or federal courts in Singapore have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by these Terms and the laws of Singapore and applicable Singaporean law, without giving eIect to any conRict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and Crypto Smartlife will not commence a class action, class arbitration or representative action or proceeding.
G. Assignment. You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from CryptoSmartlife, including by operation of law or in connection with any change of control. CryptoSmartlife may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
Crypto Smartlife maintains licenses and registrations in certain jurisdictions to provide you our Services. These licenses or registrations may impact our provision and your use of our services depending on where you live or are domiciled. Information regarding certain of CryptoSmartlife’s licenses and registrations, or lack thereof, and corresponding disclosures can be found on the CryptoSmartlife website pages, which is incorporated into these Terms by reference. By creating a CryptoSmartlife account, you acknowledge that you have read, understand and agree to those disclosures that are applicable to you.
We are furnishing this document to you to provide some basic facts about purchasing digital assets and to alert you to the risks involved with trading digital assets. Before trading assets, you should carefully review this disclosure statement. Please contact us through support regarding any questions or concerns you may have with your margin accounts.
When you purchase new digital assets for existing digital asset or vice versa, you may pay in full with your own funds or by posting assets in your account as collateral, with funds (stakes) provided by CryptoSmartlife to you. If the collateral supporting your transaction declines in value by an amount speci1ed by CryptoSmartlife, you authorize Crypto Smartlife to issue a margin call and/or sell assets in your account, in order to maintain equity in the account that meets or exceeds the minimum margin requirement.
It is important that you fully understand the unique risks involved in transacting in digital assets before determining whether such trading is appropriate for you. These risks include the following:
the account after such a sale. As Digital Asset markets are open 24 hours a day, 7 days a week, calls and liquidations may occur at any time, including outside of normal business hours.
(ii) be subject to CryptoSmartlife’s staking fee; (iii) vary by the Supported Protocol; and (iv) be further detailed in your CryptoSmartlife Account. You agree and understand that CryptoSmartlife does not guarantee that you will receive Staking Rewards and that the applicable percentage of Staking Rewards (i) is an estimate only and not guaranteed, (ii) may change at any time in Crypto Smartlife’s sole discretion, and (iii) may be more or less than the actual Staking Rewards CryptoSmartlife receives from the Supported Protocol.
of (i) your acts or omissions, (ii) Supported Protocol maintenance, bugs, or errors, (iii) acts by a hacker or other malicious actor, or (iv) Force Majeure Events.
CryptoSmartlife Pte Ltd, a Singaporean company (“CryptoSmartlife” and, together with any other CryptoSmartlife entities providing you Services under the Terms (as de1ned herein), “CryptoSmartlife,” “we” or “us”) provides you the option to contribute and earn rewards on eligible, available and idle account balances you otherwise maintain in your CryptoSmartlife Account (the “OI-chain Staking Program”) subject to the terms and conditions of this Annex (this “Addendum”).
This Addendum incorporates by reference and supplements the Terms of Service (the “Terms”). Capitalized terms used but not de1ned herein shall have the meanings given to them in the Terms. In the event of a conRict between the Terms and this Addendum with respect to the OI-chain Staking Program, the terms of this Addendum will control.
NO CryptoSmartlife ENTITY IS A BANK OR OTHER DEPOSITORY INSTITUTION. YOUR CryptoSmartlife ACCOUNT IS NOT A DEPOSIT ACCOUNT OR A BANK ACCOUNT. THE OFF-CHAIN STAKING PROGRAM IS NOT A DEPOSITORY OR BANK PROGRAM. NEITHER YOUR CryptoSmartlife ACCOUNT NOR STAKED ASSETS (AS DEFINED HEREIN) ARE COVERED BY INSURANCE AGAINST LOSSES OR SUBJECT TO FEDERAL DEPOSIT INSURANCE CORPORATION (“FDIC”) OR SECURITIES INVESTOR PROTECTION CORPORATION (“SIPC”) PROTECTIONS OR THE PROTECTIONS OF ANY COMPARABLE ORGANIZATION ANYWHERE IN THE WORLD.
The Oﬀ-chain Staking Program is a separate service from the Staking Services described in Annex above to the Terms. The Staking Services allow (i) CryptoSmartlife or a third party acting on CryptoSmartlife’s behalf to use Supported Coins as collateral in connection with validating transactions on applicable Proof-of-Stake
networks and (ii) eligible CryptoSmartlife clients to opt-in to receive a portion of the rewards generated by these transaction validation activities. The OI-chain Staking Program allows you to contribute Available Assets (as de1ned herein) to us in exchange for the opportunity to earn Rewards (as de1ned herein).
Eligible Assets. A list of assets that are currently eligible for use in the OI-chain Staking Program is available at request to the CryptoSmartlife by email (each an “Eligible Asset” and collectively, “Eligible Assets”). We may decide to add or remove assets from the list of Eligible Assets at any time in our sole discretion.
Eligible participants. The OI-chain Staking Program may be made available by CryptoSmartlife to users who ful1l the eligibility criteria of the Terms; provided, however, that you may not use the OI-chain Staking Program if you are located in or a national or resident of: (i) any Restricted Location; (ii) the United Kingdom or the USA; (iii) any jurisdiction in which CryptoSmartlife is not authorized to provide the OI-chain Staking Program; or (iv) any jurisdiction where your use of the OI-chain Staking Program would be illegal or otherwise violate any applicable law or regulation of that jurisdiction (each of the above locations, a “Restricted Jurisdiction”).
CryptoSmartlife MAKES NO REPRESENTATION OR WARRANTY THAT THE OFF-CHAIN STAKING PROGRAM IS APPROPRIATE FOR USE IN ALL LOCATIONS, OR THAT THE TRANSACTIONS AND SERVICES DESCRIBED HEREIN ARE AVAILABLE OR APPROPRIATE FOR ENTRY INTO OR USE IN ALL JURISDICTIONS OR BY ALL PARTIES. YOU SHOULD INFORM YOURSELF AS TO THE LEGAL REQUIREMENTS AND TAX CONSEQUENCES OF USING THE OFF-CHAIN STAKING PROGRAM WITHIN ALL JURISDICTIONS APPLICABLE TO YOU. CryptoSmartlife IS NOT RESPONSIBLE FOR TAX CONSEQUENCES TO YOU OF PARTICIPATING IN THE OFF-CHAIN STAKING PROGRAM.
You may contribute Available Assets to the OI-chain Staking Program by selecting the amount and type of Available Assets you wish to “stake” from your CryptoSmartlife Account.
You agree to only contribute Eligible Assets to the OI-chain Staking Program that comprise available and idle account balances that you initially deposited into your CryptoSmartlife Account for the purpose of trading Legal Tender and Digital Assets on the CryptoSmartlife platform and not for participation in the OI-chain Staking Program (such Eligible Assets, “Available Assets”).
Assets you contribute to the OI-chain Staking Program (“Staked Assets”) will be treated as received when displayed as such on the CryptoSmartlife website; provided, that we reserve the right to: (i) reject or remove any contribution from the program; (ii) establish minimum or maximum contribution amounts; or (iii) return any Staked Assets, at any time and in our sole discretion. In the event we elect to return Staked Assets to you pursuant to this Section 2(c) above, you agree to promptly Un-stake (as de1ned herein) the assets and to undertake any other actions we reasonably request in order to facilitate that return. You may not transfer Staked Assets or any interest in Staked Assets prior to Un-staking those assets.
You remain the lawful and bene1cial owner of Staked Assets and the bene1cial owner of additional assets resulting from any applicable (i) network fork that is supported by CryptoSmartlife and (ii) airdrop or similar distribution of Digital Assets that is supported by CryptoSmartlife; provided, that CryptoSmartlife retains sole discretion and has no obligation to support any particular forks, airdrops or similar distribution and such support remains in all instances subject to the Terms.
You may earn rewards on Staked Assets (“Rewards”). Rewards are not guaranteed and the rates and timing of Rewards may vary.
Rewards, if any, will be paid to you by CryptoSmartlife Trading, and shall be subject to tax withholding and reporting as required by applicable law.
Reward rates will be determined in our sole discretion based on the type of Staked Asset, market conditions and risk factors. Such rates have no relationship to and may not be competitive with benchmark interest rates observed in the market for bank deposit accounts.
We may make available anticipated Reward rates and payment schedules from time to time on or through the Services (“Anticipated Rates”). Anticipated Rates are forward-looking statements that reRect current expectations regarding future events, involve signi1cant risks and uncertainties, should not be read as guarantees of future performance or results and will not necessarily be accurate indications of whether or not such performance or results will be achieved. Forward-looking statements are in no way a form of advice, solicitation or oIering of or for the OI-chain Staking Program and should not be interpreted as such.
All Rewards will be (i) paid to your CryptoSmartlife Account in the same asset as the applicable Staked Asset, then (ii) automatically contributed to the OI-chain Staking Program, whereupon they will be eligible to earn Rewards. In this manner, Rewards may be described as “compounding.”
Rewards will be calculated and paid with the decimal precision described at, as may be updated by us from time to time in our sole discretion.
You may request a complete or partial return of your Staked Assets (“Un-stake”) at any time. Upon receipt of your request, we will initiate the Un-staking process instantly when practicable; provided, that we may require up to seven days after you submit your request to Un-stake to process the transaction. Un-staking limits based on frequency or volume may apply from time to time and will be described on or through the Services.
You must Un-stake Staked Assets before you will be able to push those Funds to an External Account.
You grant us the right, to the fullest extent that we may eIectively do so under applicable law and without further notice to you, to utilize Staked Assets in our discretion; provided, that the quantity and type of your Staked Assets will be returned to you when you Un-stake in accordance with the terms of this Addendum.
The OI-chain Staking Program is risky. Before participating in the OI-chain Staking Program, it is important to understand its speci1c and unique risks. The Staking Program is not for everyone. You should examine your objectives, 1nancial resources and risk tolerance to determine whether contributing Funds to the OI-chain Staking Program is appropriate for you. Some, but not all, of the risks and uncertainties associated with the OI-chain Staking Program are:
No Crypto Smartlife entity is or is regulated as a bank or other depository institution. Your Crypto Smartlife Account is not a deposit account or a bank account. The OI-chain Staking Program is not a depository or bank program. Staked Assets are not covered by insurance against losses or insurance protections or the protections of any comparable organization anywhere in the world.
Crypto Smartlife does not oIer securities services, is not registered under the securities laws of any jurisdiction and the provision of the OI-chain Staking Program has not been and will not be registered under the securities laws of any jurisdiction or otherwise approved by securities regulators in any jurisdiction.
Legislative and regulatory changes or actions at the state, federal or international level may adversely aIect:
(i) the use, transfer, and value of Staked Assets; (ii) the operations and pro1tability of the OI-chain Staking Program; (iii) the tax treatment of the OI-chain Staking Program; and (iv) your ability to Un-stake Staked Assets in a timely manner or at all.
Rewards for Staked Assets are not guaranteed and we reserve the right to adjust Reward rates in our sole discretion.
We reserve the right to charge you fees in connection with your participation in the OI-chain Staking Program. A schedule of these fees, if any, will be made available on or through the Services (“Fees”). Fees are subject to change, at our sole discretion, and you are solely responsible for accessing the fee schedule prior to participating in the OI-chain Staking Program.
You represent and warrant that, as of the EIective Date and as of any date thereafter that you contribute Funds to the OI-chain Staking Program:
You have full power and authority to agree to this Addendum and, in doing so, will not violate any other agreement to which you are a party;
The provisions of this Addendum constitute legal, valid and binding obligations enforceable against you in accordance with its terms;
You are eligible to participate in the OI-chain Staking Program as provided in Section 1(c);
You do not reside in and are not a citizen of a Restricted Jurisdiction;
You were not, in any manner or form, solicited to participate in the OI-chain Staking Program prior to (i) your creation of a CryptoSmartlife Account or (ii) your election to participate in the OI-chain Staking Program;
All assets you will contribute to the OI-chain Staking Program are Available Assets;
You: (i) have read and understand this Addendum in its entirety; (ii) acknowledge and accept the risks associated with participating in the OI-chain Staking Program, including those risks described above; and (iii) were given the opportunity to ask questions of and receive answers from us concerning the terms and conditions of the OI-chain Staking Program prior to participating or agreeing to participate; and
All representations and warranties you made upon your acceptance of the Terms were and remain true and complete.
Without limiting anything in the Terms, CryptoSmartlife makes no representation or warranty, express or implied, to the full extent not prohibited by applicable law, regarding the advisability of your participation in the OI-chain Staking Program. Neither CryptoSmartlife, nor any of its respective o cers, directors, employees and a liates is providing advice, including legal, 1nancial, investment or tax advice, in connection with the OI-chain Staking Program or your determination to participate in it.
Nothing in this Addendum shall be deemed or is intended to be deemed, nor shall it cause you and CryptoSmartlife to be treated as partners, joint venturers, or otherwise as joint associates for pro1t. CryptoSmartlife in no way acts in any 1duciary capacity or advisory capacity to you and nothing in this Addendum shall be deemed or is intended to be deemed, nor shall it cause, any 1duciary or advisory relationship between you and us to exist.
General. CryptoSmartlife may make Instant Buy/Sell Services to users that meet the eligibility criteria in the Terms of Service. Your use of the Instant Buy/Sell Services, con1rms that you have read, understand, and accept all of the terms in this Instant Buy/Sell Addendum. This Instant Buy/Sell Addendum is subject to the terms and conditions, as they may be updated from time to time, set forth in the Terms of Service.
discretion reject any pending transaction, whether con1rmed by the user or not, in the event of such disruptions. CryptoSmartlife bears no liability for rejecting an Instant Buy/Sell transaction.
Transfers may be delayed. A contracted third party processor or CryptoSmartlife may reject the transfer. CryptoSmartlife is not liable for any delayed or rejected transfer. Funding by Digital Asset is subject to all terms and conditions set forth by your 1nancial institution or holding Wallet issuer, and you may incur fees that are charged by your 1nancial institution or holding Wallet issuer in conjunction with such funding.
As per the 194S in the Income-Tax Act, 1961, 1% TDS will deducted on any crypto sell transactions.