COINMOVER TERMS & CONDITIONS
PLEASE REVIEW THESE TERMS AND CONDITIONS VERY CAREFULLY. BY TRANSACTING BUSINESS WITH COINMOVER, WHETHER THROUGH ACCESS TO OUR WEBSITE, USING ONE OF OUR KIOSKS, OR USING OUR VIP SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND YOU ACKNOWLEDGE THAT YOUR USE OF OUR SERVICES IS CONDITIONED UPON YOUR AGREEMENT TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE OUR WEBSITE OR OUR SERVICES.
TO THE EXTENT PERMITTED IN YOUR JURISDICITON, THESE TERMS AND CONDITIONS ALSO CONTAIN AN ARBITRATION CLAUSE THAT REQUIRES DISPUTES TO BE RESOLVED ON AN INDIVIDUAL BASIS THROUGH ARBITRATION, RATHER THAN THROUGH CLASS-ACTION OR A JURY TRIAL. OUR TERMS AND CONDITIONS CONTAIN WAIVERS OF LIABILITY AND DISCLAIMERS OF WARRANTIES.
These Terms and Conditions (the “Agreement”) between the end-user (“you” or “your”) and Valuto, Inc., a Massachusetts corporation doing business as CoinMover (“CoinMover”), govern the use of the CoinMover website and any transaction with CoinMover, whether through our Kiosks or VIP services. This Agreement may be amended at any time and will be publicly available on our website and on our Kiosks.
OUR SERVICES REQUIRE VERIFICATION OF YOUR IDENTITY
1. Services. CoinMover operates digital currency kiosks (the “Kiosks”) in various jurisdictions which allow for the fast and convenient exchange of fiat currency for digital cryptocurrency, including but not limited to Bitcoin (“Crypto”). Some of our Kiosks allow users to withdraw fiat currency in exchange for Crypto. We also provide VIP services for certain of our eligible established customers (collectively, the “Services”). All Services are governed by this Agreement.
2. MSB Business. We are a federally registered Money Service Business which means that we sell and/or buy Crypto directly with you; there is no third party involved and all transactions are final and non-reversable. CoinMover reserves the right not to do business with any person who does not comply with this Agreement or who we believe may be engaged in illegal or fraudulent activity. CoinMover reserves the right to revoke your Services or to deny your request for Services at our sole and absolute discretion.
3. Personal Information. In order to use our Services, you agree to provide identifying information such as your name, address, phone number, date of birth and driver’s license or Government-issued ID. You may also be asked to respond to requests we make for additional information to verify your identity and/or comply with applicable law (collectively, “Personal Information”). If you fail to provide any of the Personal Information we request or provide false or misleading Personal Information, we reserve the right to revoke or suspend your Services and to refuse to provide any future Services.
6. Third-Party Fraud Prevention and Verification. CoinMover may use third-party services (manual and automated) to assist it in verifying your identity and preventing fraud and other illegal activity. You hereby waive any right to privacy with respect to Personal Information and you consent to any inquiries made by CoinMover or any third parties we engage to assist us in verifying Personal Information and complying with applicable law.
1. Services. As a condition to using CoinMover’s Services, you agree to provide Personal Information. You agree that CoinMover may store and maintain your Personal Information in accordance with its Privacy policies, as they may be revised from time to time.
2. Eligibility. In order to be eligible to use our Services, you must meet each of the following conditions, and by using our Services and/or accessing our Kiosk you hereby warrant and represent that you meet the following conditions:
a. You must be at least eighteen (18) years of age.
b. You must reside in a jurisdiction in which CoinMover conducts business.
c. You must have capacity to enter into binding legal agreements.
d. You must not have been previously banned from CoinMover; and
e. You must not be subject to the Sanctions List issued by the U.S. Office of Foreign Assets Control or have been placed on the U.S. Department of Commerce’s Denied Persons List.
f. If you are using the Services on behalf of a legal entity, additional verifying Personal Information may be required to comply with our due diligence, and you further 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.
3. Illegal Activity. You agree not to directly or indirectly engage or facilitate in unlawful activities using our Kiosk or Services or using the proceeds of unlawful activity and you understand that CoinMover complies with all applicable laws, rules and regulations including those promulgated under the Bank Secrecy Act and its implementing regulations relating to “Know Your Customer” and anti-money laundering regulations which may require us to respond to legal process such as subpoenas, as well as government requests and mandatory reporting disclosures pertaining to currency transactions and unlawful activity. You hereby consent to release information (including Personal Information) as necessary to comply with applicable law, as determined by CoinMover in its sole and absolute discretion.
4. Prohibited Activities. As a condition to using our Services, you agree to the following:
a. You will not use the Kiosk in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying CoinMover Services, or that could damage, disable, overburden or impair the functioning of these Services in any manner, including any physical damage or defacement of the Kiosk;
b. You will not use the Kiosk to pay for, support, or otherwise engage in any illegal activities, including, but not limited to illegal gambling; illegally acquired music, movies or other content; sexually oriented materials or services; fraud; money-laundering; terrorist financing; or the purchase or sale of illegal or controlled substances.
c. You will not use any robot, spider, crawler, scraper, or other automated means or interface not provided by CoinMover to access the provided Services or to extract data;
d. You will not use any hardware or software to bypass, disable, or interfere with the Kiosk, or the verification process or use or attempt to use another user’s personal information without authorization;
e. You will not attempt to circumvent any content filtering techniques CoinMover employs or attempt to access any service or area of CoinMover Services that you are not authorized to access.
f. You will not use, develop or deploy any third-party applications, software, or hardware that interact with CoinMover Services without prior written consent.
g. You will not provide false, inaccurate, or misleading Personal Information.
h. You will not purchase Crypto on behalf of another person.
5. Right to Terminate Services. CoinMover reserves the right in its sole and absolute discretion, at any time and without notice, to suspend or terminate your Services.
6. Right to Limit Transaction Values. CoinMover reserves the right in its sole and absolute discretion, at any time and without notice, to alter the transaction limits permitted for your Services.
7. Right to Cancel or Reject Transaction. CoinMover reserve the right, in its sole and absolute discretion, to reject or cancel any proposed transaction at any time prior to its completion.
8. Right to Block Access. CoinMover reserves the right in its sole and absolute discretion, at any time and without notice, to block or prevent your future access to Kiosks and/or our Services.
9. Fees. You agree to pay the fees for our Services, which will be displayed to you at the time of your transaction and will include a transaction fee and a fee based upon a percentage of your transaction. You agree that CoinMover may deduct its fees from the amount of U.S. dollars dispensed or virtual currency sent to you.
10. Limited License. CoinMover hereby grants you a limited, non-transferrable and non-exclusive license (without the right to sublicense) to access our website and use our Kiosk and Services, subject to these terms and conditions. You agree not to sell, republish or exploit any of our content, intellectual property or other assets other than pursuant to this Agreement and with our prior written consent.
 CoinMover currently does business in the States of California, Colorado, Connecticut, Indiana, Massachusetts, Mississippi, New Hampshire, Oklahoma, Rhode Island, and Wyoming.
NO INVESTMENT ADVICE AND ASSUMPTION OF RISKS
1. Substantial Risks. You acknowledge that there are substantial risks involved in the purchase and sale of Crypto and that you can lose money. CoinMover does not endorse, recommend, or analyze whether purchasing, holding, or selling Crypto is suitable for you based upon your financial condition. You acknowledge that Coinmover does not offer any investment advice or recommendations regarding the benefits and/or risks of purchasing Crypto or using our Services.
2. No Custody Of Funds. You acknowledge that CoinMover does not act as a custodian for your funds and will not send account statements to you or act as a fiduciary to you. We do not maintain a digital wallet on your behalf, and we do not maintain your private keys necessary to access a third-party digital wallet that you may use.
3. Crypto Not Legal Tender. You acknowledge that Crypto is highly speculative and is not legal tender in the United States. You further acknowledge that Crypto is not backed by the United States government or the FDIC and you could lose your money if the Crypto you purchase loses value or fails.
4. Fraud & Scams.
a. You acknowledge the potential for fraudulent activity with respect to Crypto, and you warrant and represent that you are using our Services solely for your personal benefit and not at the request of any third party.
b. You agree to investigate any requests for Crypto transactions which use our Services to determine whether such requests are fraudulent, and you assume the risk of using our Services.
c. You agree not to transact at our Kiosks while on the phone.
d. You acknowledge that you are solely responsible for the security of your digital wallet and your private keys.
e. Funds that are lost to fraud scams are not refundable.
5. Transaction Times. You understand that our transactions are conducted on the bitcoin network, and the time it takes for transactions to confirm are outside of our control. CoinMover shall have no responsibility for delays in confirmation or fluctuations in price during a confirmation delay.
6. Taxes. You are solely responsible for determining the tax implications of purchasing or selling Crypto at our Kiosks or using our Services. You understand and acknowledge that CoinMover does not provide tax advice or tax recommendations arising from our Services.
7. Refunds. Once a transaction has been initiated and completed, it is final and cannot be reversed. CoinMover does not provide refunds for transactions that have been completed.
8. Wallet Addresses. CoinMover assumes no responsibility for checking whether a digital wallet address you utilize has been entered correctly. Please be very careful to check your addresses before initiating a transaction as all transactions are final and CoinMover disclaims any liability arising from an incorrect wallet address.
RREQUIREMENTS FOR ORDER COMPLETION
1. Service Requirements. In order to use our Services, we have certain requirements that must be met to complete a transaction at one of our Kiosks.
a. To purchase Crypto, you must insert cash into the Kiosk and provide a valid virtual currency address associated with you in a hosted wallet. You must comply with this Agreement with respect to any requests for Personal Information.
b. To sell Crypto, you must send virtual currency to the virtual currency address associated with you in our hosted wallet which will be displayed on the kiosk. You can then use the Kiosk to sell virtual currency, whereupon the Kiosk will confirm initial receipt of funds from your wallet and set the transaction to “pending confirmations” status, where the system will wait until the required number of block confirmations are made. You will be notified via e-mail and/or SMS text once the blockchain has confirmed the transaction, then the Kiosk will disburse cash in the amount of U.S. dollars specified in the Offer Terms, calculated by the exchange rate specified in the Offer Terms at the time they were shown to you.
2. Receipts. Upon completion of a purchase or sale transaction, you will choose whether to have your receipt printed or emailed or sent via SMS text to you. Our one-way (buy only machines) offer email and SMS as they don’t have printers. Our two-way machines allow for a printed receipt, plus SMS and email options. Your receipt will include the exchange rate used to calculate the value of the virtual currency or U.S. dollars that you purchased or sold.
CONSENT TO RECEIVE SMS TEXT MESSAGE COMMUNICATIONS
1. TCPA Waiver.
a. As a condition to using our Services at a Kiosk, you expressly consent and agree to receive telephone calls and text (SMS) messages from CoinMover, its agents representatives, affiliates, or any third party acting on our behalf, concerning your Personal Information and our Services.
b. You agree that CoinMover may contact you in any way, including by telephone or text (SMS) messages delivered using an automatic dialing or texting system.
c. You consent to receive SMS messages (including text messages), calls and messages (including prerecorded and artificial voice and autodialed) from us, our agents, representatives, affiliates or anyone calling on our behalf at the specific number(s) you have provided to us, or numbers we can reasonably associate with you (through skip trace, caller ID capture or other means), with information or questions about our Services or Personal Information.
d. You certify, warrant and represent that the telephone numbers that you have provided to us are your contact numbers. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to promptly alert us whenever you stop using a particular telephone number. Your cellular or mobile telephone provider will charge you according to the type of plan you carry. You also agree that we may contact you by e-mail, using any email address you have provided to us or that you provide to us in the future. We may listen to and/or record phone calls between you and our representatives without notice to you as permitted by applicable law. For example, we may listen to and record calls for quality monitoring purposes.
e. By providing your mobile phone number to CoinMover at the beginning of a transaction, you are specifically opting-in to receive calls and text (SMS) messages for any and all business purposes concerning your our Services, including without limitation, the following reasons:
i. activating the CoinMover Kiosk to process a transaction;
ii. receiving a one-time text (SMS) code to enter into the Kiosk;
iii. providing a receipt for your transaction;
iv. Interacting with the CoinMover customer support team;
v. receiving messages from our Compliance Department about our Services, including requests for Personal Information.
2. Opt-Out Options. You may withdraw consent for receiving text (SMS) messages and calls from CoinMover at any time by contacting our support team or replying STOP to any message you receive from us. However, since our Services are conditioned on the use of SMS texting at the beginning of the transaction, any future transaction you perform at our Kiosk will opt you back into receiving calls and messages pursuant to the terms of this Agreement, and you may again reply STOP to be removed after each and every subsequent transaction.
3. Marketing Text (SMS) Messages. At the time you initiate a transaction at our Kiosk, you will also be asked to consent to receive marketing text (SMS) messages from CoinMover and to opt-in to receive future marketing messages, including discount codes. You may decline to receive marketing text (SMS) messages from CoinMover without impact upon our Services by declining to consent to marketing text (SMS) messages or by replying STOP to any message to be removed at any time.
1. Indemnity. You agree to defend, indemnify, and hold harmless CoinMover (and each of our officers, directors, shareholders, employees, agents and affiliates) from and against any claim, demand, action, damage, loss, cost, or expense, including without limitation reasonable attorneys’ fees, arising out or relating to your use of, or conduct in connection with our Services, Kiosk or your violation of this Agreement. If you are obligated to indemnify us, CoinMover will have the right, in our sole and absolute discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.
LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES
2. Disclaimer of Warranties. To the maximum extent permitted in your jurisdiction, the following disclaimer of warranties shall apply to you. YOU AGREE THAT YOUR USE OF OUR WEBSITE, KIOSK AND/OR OUR SERVICES AND ALL INFORMATION AND CONTENT THEREIN IS AT YOUR RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COINMOVER HEREBY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND AS TO THE USE OF OUR WEBSITE, OUR KIOSK AND/OR OUR SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE MAKE NO WARRANTY THAT OUR WEBSITE, KIOSK AND/OR SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. COINMOVER MAKES NO WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE OR THAT ANY ERRORS IN OUR SERVICES WILL BE CORRECTED.
APPLICABLE LAW; ARBITRATION; CLASS-ACTION WAIVER
1. Class Action Waiver. TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE, WHETHER IN ARBITRATION, IN COURT, OR OTHERWISE, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR COINMOVER WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, COINMOVER, AND ALL PARTIES TO ANY SUCH ARBITRATION OR PROECCEDING.
2. Arbitration and Choice of Law. You acknowledge and agree that:
a. Any dispute, controversy or claim arising out of the terms of this Agreement or the Services, including, without limitation, interpretation, performance or termination, or any claim against any of the officers or directors of CoinMover, shall be finally resolved by arbitration as set forth herein.
b. Arbitration shall be conducted by JAMS before a single arbitrator, which shall administer the arbitration under its commercial rules. Arbitration shall be initiated by a written demand for arbitration specifying the controversy or claim on which arbitration is sought, as well as the relief requested. The arbitration, including the rendering of the award, shall take place in Boston, Massachusetts, and shall be the exclusive forum for resolving such dispute, controversy or claim. For the purposes of this arbitration, this Agreement shall be governed by Massachusetts law and the arbitrator shall apply such governing law to any dispute, controversy or claim arising out of the terms of this Agreement or use of the Services.
c. This arbitration agreement is intended by the parties to be self-executing. The arbitrators shall have sole jurisdiction to determine whether (a) a claim is subject to arbitration, (b) the arbitration may proceed even if one of the parties refuses to attend or participate, and (c) an award against that party may be ordered pursuant to default or otherwise by the arbitrators. The parties agree that they will arbitrate all claims agreed to be arbitrated herein regardless of the existence of any related dispute, action, or special proceeding between any or all of the parties hereto and/or any third party. The arbitrator shall conduct the arbitration with all reasonable dispatch. The decision of the arbitrator shall be final and binding upon the parties hereto, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The prevailing party shall be entitled to recover its reasonable attorneys’ fees and its share of the costs, as the arbitrator determines.
CoinMover Contact Information. CoinMover is located at 330 Lynnway, Lynn, MA 01901. Tel: 617-917-7100.
California User Consumer Rights. Pursuant to Cal. Civ. Code Sec. 1789.3, California residents may file grievances and complaints with the California Department of Consumer Affairs, 400 R. Street, Ste. 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to [email protected]
WHEREFORE, You agree to these terms and conditions as a condition to using CoinMover services.