This Terms of Services (hereinafter referred to as the "Agreement") is an electronic agreement between the User and CGMS CRYPTO GLOBAL MARKET SOLUTIONS S.R.L., a company registered and operating under the laws of COSTA RICA, address: San José, Mata Redonda, Barrio, Las Vegas, Edificio Color Azul, Diagonal al Colegio La Salle, and contains the rules for operating on the CGMS Website/System (hereinafter referred to as the "Rules") at CGMS.io/ (hereinafter the " Website") and terms and conditions of access to the services provided by the Website. Before starting working with the Website, a natural person or a legal entity who is a User of the Website (hereinafter referred to as the "User") must carefully read the described terms and conditions and accept this Agreement. If the User does not accept the Agreement and does not undertake to comply with all the terms and conditions of this Agreement, he/she should immediately stop using the Website.
The Website Administration reserves the right to update the text of the Agreement at its sole discretion. New version of the Agreement comes into force immediately after its publication on the Site. User is obliged to independently monitor new versions of the Agreement. By continuing to use the Site after the changes take effect, User automatically accepts the new version of the Agreement. If the User does not agree with the terms of the new version of the Agreement, he/she must deactivate his/her account.
Access to the Site's services is restricted, make sure that you meet the selection criteria set out in this Agreement. This Agreement shall be deemed to have been accepted by the user subject to the following conditions: The User has read the terms and conditions of this Agreement; The User provides complete and accurate information, including login, e-mail and password; The User has provided the required mark in a special field under the heading "I accept the terms of the User Agreement" in the registration form; The User has expressed its consent and acceptance of the terms and conditions of this Agreement by clicking on the "Continue" button after the registration form.
2.1. The value of the virtual currency is very volatile, the value can go up or down at any time and can represent a significant risk that the User will lose money when buying, selling, conducting or investing in virtual currency.
2.2. The User must carefully examine whether trading in virtual currency is suitable for them in the light of their own financial situation and circumstances.
2.3. CGMS does not own or control the basic software protocols that regulate the operation of virtual currency; as a rule, the basic software protocols are "open source" and anyone can use, copy, modify and distribute them.
2.4. CGMS is not responsible for the operation of the underlying software protocols and cannot guarantee their functionality, security or availability. The User acknowledges and accepts the risk that the underlying software protocols relating to any virtual currency that the User stores in their virtual currency wallet may change.
2.5 After requesting a withdrawal of virtual currency from the User's account, CGMS has no way to cancel the
3.1. When registering on the System, the User declares and guarantees that:
4.1 Content: All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, works of art and computer code, design, structure, selection, coordination and arrangement of such content contained on websites and mobile applications are owned, controlled or licensed by CGMS and protected by trademark, patent or other proprietary rights.
4.2. CGMS hereby grants the User a personal, non-exclusive license to access the Website and the System and allows the use of the Services solely for the User's operations under this Agreement.
4.3. The User may not use CGMS content or Services for any illegal purposes or for any other purposes not mentioned in these Terms and Conditions, or allow any third party to use CGMS services on CGMS of the User and not use CGMS services on behalf of or for any third party in any way.
4.4 The User may use the information specifically provided by CGMS to view or download from our website or mobile applications, provided that such information is used only for the User's personal, non-commercial information purpose; that no changes are made to any such information; and that no additional representations or warranties relating to such information are made.
4.5 The User may not use any automatic device, program algorithm or methodology or any similar or equivalent manual process to access, acquire, copy or monitor any part of Websites, mobile applications or the Content or in any way reproduce or circumvent the navigational structure or presentation of the Websites, mobile applications or any Content in order to obtain or attempt to obtain any materials, documents or information by any means. CGMS reserves the right to block any such activity.
4.6. The user shall not attempt to gain unauthorized access to any part or function of the CGMS services, or any other systems or networks connected to the CGMS services or any server thereof, through hacking, "mining" passwords or any other illegal means, including the use of virtual private networks or any other mechanism that would facilitate the prohibited use/access to content or the Services.
4.7 The user must not investigate, scan or verify the vulnerability of our services or any network connected to the CGMS services, or breach security or authentication measures.
4.8. The User may not use any device, software to interfere or attempt to interfere with the proper operation of our services or any transaction carried out on CGMS websites or mobile applications.
4.9. The User may not forge headers or otherwise manipulate identifiers to conceal the origin of any CGMS message or data transmission through CGMS websites or systems.
4.10. The User may not use the CGMS services for any purpose that is illegal or prohibited by these Terms and Conditions or request any illegal activity that violates the rights of CGMS or others.
4.11. The User agrees that CGMS may, at its discretion and without prior notice, terminate access to its services and/or block future access to the User's CGMS account if CGMS finds out that the User has violated the terms of this Agreement or other agreements that may be related to the User's use of CGMS services.
4.12 The User also agrees that it is prohibited to use the account registered on the basis of CGMS for the purpose of the fiat currencies exchange.
4.13. The User also agrees that any violation of the terms and conditions of this Agreement by the User will constitute an illegal and unfair business practice and will cause irreparable damage to CGMS. CGMS reserves the right to use any legal remedy.
4.14. The User agrees that CGMS may, at its own discretion and without prior notice, terminate access to content or services, upon receipt of a request by law enforcement or other government agencies, a request from the User (self-initiated account deletion), termination or material change of services, or to eliminate a technical problem.
4.15. In the event that CGMS does take any legal action against the User as a result of the User's breach of this Agreement, CGMS will be entitled to reimbursement of such costs, and the User agrees to pay all reasonable legal fees and expenses for such legal action, in addition to any other costs incurred by CGMS.
4.16. The User agrees that CGMS will not be liable to the User or any third party for termination of the User's access to CGMS services as a result of any breach of this Agreement.
5.1. CGMS operates a virtual currency exchange system that allows buyers and sellers of virtual currency to exchange virtual currency between each other.
5.2. An account created and held by CGMS. It’s access, use or deletion is Users complete control. CGMS has no authorization nor access to your Account or initiate transactions from your CGMS Account.
5.3. Virtual Currency, Digital Assets, Cryptocurrency (used interchangeably): Means a value represented in digital form, which is digitally transferable, preservable or tradable and which natural persons or legal persons accept as a payment instrument, but that is not the legal tender of any country or funds.
5.4. CGMS cannot guarantee on-time as there are external factors that may affect the continuous provision of the services. Nevertheless, CGMS exercises all efforts to offer a system that runs 24/7.
5.5 In order to provide this software system, CGMS will charge trading fees as described below.
5.4. Part of the CGMS service and responsibility to the User is to maintain the security of the User's account. CGMS will create an individual alphabetic line associated with the e-mail address that the User provides, a unique identifier or UID (CGMS account) for each User when registering.
5.5. CGMS will make available a unique purse address for each account, so that the User can deposit virtual currency into that account and withdraw it to an external purse of the User's choice.
5.6 The User represents and warrants that the User has full authority to accept the terms and conditions of this Agreement; that the User has not been previously excluded from using the services of CGMS; that the User is not a citizen or resident of any country where digital assets are prohibited by law or of any country subject to sanctions by the Foreign Assets Control Organization and/or the United Nations; that the User is not identified as a "Specially Designated Citizen".
5.8 Any misrepresentation or fraudulent use of the CGMS account shall be deemed a material breach of this Agreement.
5.9. In the event that CGMS becomes aware, or in connection with trading activities, that the purpose of the User's account on the CGMS website is fraudulent, CGMS will immediately suspend and block the User's account on the CGMS website.
5.10. CGMS reserves the right to take necessary legal measures against any party to protect the rights of CGMS, the rights of CGMS users and CGMS resources.
5.11. CGMS does not provide services in all markets and jurisdictions and CGMS may restrict or prohibit the use of its services in certain countries. CGMS does not currently provide services in the United States of America ("US") or for any US resident or citizen.
5.12. The User is solely responsible for the password that the User assigns to the User's account, for its security and protection from disclosure. The User is fully responsible for all activities related to the use of the User's Services through their CGMS account and/or using their password, as well as for the security of the User's computer systems.
5.13. The User shall immediately notify CGMS if the User discovers or otherwise suspects a security breach related to the User's account on the CGMS website.
5.14. The User must not create different accounts for his/her own use; any malicious, fraudulent or otherwise misuse of system may result in the automatic suspension and/or termination of our Services.
5.15. The User acknowledges that he/she understands that transactions that have the nature of money laundering may be blocked.
6.1. In order to conclude the contract with the User, CGMS is obliged to ask the User for personal information.
6.2 By law, CGMS is obliged to collect personally identifiable information from Users as part of Know-Your-Client (KYC) and Anti-Money Laundering (AML) and Prevention of Terrorist Financing (TF) practices.
6.3. In order to use the CGMS Services, the User will need to register for an CGMS Account by providing their name, an e-mail address, password, and accepting the terms of this Agreement and CGMS Privacy Policy (the Regulatory Documents). The User shall provide their real name, ID type, ID number and other information required by the laws and regulations. If any information the User has provided during the registration is inaccurate, CGMS will not take any responsibility and any loss, direct or indirect, and adverse consequence resulted therefrom will be borne by the User.
6.4. Before making any deposit to a User's account on the CGMS website and at any time, CGMS may deem necessary and request certain personal identifiable information from the User, which may include a self-portrait photo of User and/or holding a photo-government-issued-ID, payment bank card, and any other document/information that CGMS considers necessary.
6.5. CGMS Accounts can only be used by the person whose name they are registered under. CGMS reserves the right to suspend, freeze, or cancel accounts that are used by persons other than the persons whose names the accounts are registered under. CGMS will also not take legal responsibility for these accounts. CGMS may, in its sole discretion, refuse to open an CGMS Account for the User.
7.1. Trading Fees: 0.5 to 1%
8.1. Buyers and sellers of digital assets conduct trading with each other, CGMS is not a counterparty to any trade that you make.
8.2. CGMS does not guarantee or otherwise assure that the Services will be error-free or uninterrupted or that any defects will be corrected, or that the User’s use of CGMS Services will provide specific results.
8.3. The CGMS Services are delivered on an “as-is” and “as-available” basis.
8.4. The User acknowledges and accepts that any transaction made on the blockchain is irreversible, the User is solely responsible to insert the correct wallet information for transfers of digital assets in and out of CGMS Services.
8.5. The User is fully responsible for the use of the CGMS Services, the User's actions, orders, transactions, documentation provided and general conduct.
8.6. By using the CGMS Services, the User expresses his or her acceptance of the risks and CGMS may assume that the User has sufficient experience and knowledge to understand the risks associated with each transaction.
8.7. If User's activity is unusual or abnormal CGMS at its discretion has the right to stop the processing of User's transactions until the situation is clarified, requesting additional verification or any other necessary documentation as may be required by law or agreement with counterparties.
9.1. Except where prohibited by law, in no event shall CGMS be liable to the User for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if CGMS has been advised of the possibility of such damages. 9.2 The User agrees to indemnify CGMS, its officers, directors, shareholders, predecessors, successors, employees, agents, subsidiaries and affiliates against any claim, loss, liability, action or expense, including legal fees, incurred by CGMS any third party in connection with the use of the CGMS Services.
10.1. CGMS is a company that operates independently with no affiliation to regulated or unregulated brokers.
10.2. CGMS is not affiliated with, nor endorsed by any third party; CGMS does not collaborate, work in affiliation with, or otherwise in connection with any third party, including, but not limited to different services providers such as gambling, binary, forex brokers, etc.
11.1. The use and access to the CGMS Services are regulated under COSTA RICA Law and any dispute emerging from the interpretation of these Terms of Services and/or breach of these Terms of Services with respect to the services shall be resolved via negotiation. In case negotiation fails, the User and CGMS agree to submit the controversy to the competent courts of the COSTA RICA.
12.1. This Agreement constitutes a public offer t between the User and CGMS in respect of the User's use of the Services, but any other written or oral agreements previously existing between the User and CGMS in respect of such use are hereby superseded and cancelled.
12.2. CGMS may at any time and at its sole discretion introduce amendments to this Agreement.
12.3. This Agreement may be terminated by the User at any time, subject to appropriate written notice or emailed to the CGMS.
12.4. The Parties agree that the User accepts this Agreement by filling-in a registration form required for opening a CGMS Account and performing other registration actions indicated on the CGMS Website.
12.5. After entering into this Agreement, the User cannot refer to the fact that they were unaware of, or did not understand, the terms of this Agreement, including, but not limited to, due to insufficient knowledge of the language of the Agreement.