Terms of Use
Last Updated: 6 September 2026
Coinmama (“Coinmama”, “we”, “our” or “us”) welcomes you to its website, application and Wallet Service app (collectively, the “App” or “Services”). Before using our Services, please read these Terms of Use and the Coinmama Privacy Policy, posted at https://www.coinmama.com/privacy and incorporated herein by reference (together, the “Terms”), carefully, along with any other policies or notices on our website or mobile applications, including the Coinmama Promotions Terms posted at https://www.coinmama.com/promo-terms.
1. Who We Are
The Services are operated by New Bit Ventures Ltd. (“Coinmama”, “we”, “us” or “our”), a subsidiary of Wellfield Technologies, Inc., 666 Burrard St Ste 2500, Vancouver, British Columbia V6C 2X8, Canada. The Coinmama Wallet mobile application (“CM Wallet”) is published and developed by Enovista Limited, Block B, Floor 6, Flat 603, 1 Agias Zonis & Thessalonikis, Limassol 3026, Cyprus, an affiliate of Wellfield Technologies, Inc. References to Coinmama in these Terms include, where the context requires, Enovista Limited in its capacity as the developer and publisher of the CM Wallet.
2. Scope of Services
Coinmama provides two distinct categories of services, which may be accessed via its website, mobile application, or other supported interfaces (collectively, the “Services”):
(A) Digital Asset Purchase and Sale Aggregation Services
Coinmama operates a platform that enables users to access and connect with identified third-party digital asset service providers, including exchanges, brokers, or other licensed entities (each a “Third-Party Service Provider”), for the purpose of purchasing or selling digital assets. The Third-Party Service Providers currently available through the Services are Paybis and Banxa; additional or replacement providers may be identified in the Service from time to time. A transaction you enter into with a Third-Party Service Provider through the Services is a “Third-Party Transaction”.
Coinmama acts solely as an aggregator and affiliate platform in connection with such services. Coinmama does not execute transactions, does not act as a counterparty, and does not provide custody of fiat currency or digital assets. Each Third-Party Transaction is conducted exclusively by the applicable Third-Party Service Provider pursuant to that provider’s own terms, disclosures, and regulatory obligations, which you accept when you proceed with that provider.
Customer onboarding, identity verification (KYC), anti-money-laundering checks and sanctions screening in connection with Third-Party Transactions are carried out exclusively by the Third-Party Service Provider as an independent regulated entity. Coinmama does not perform these functions and does not receive your identity documents or biometric data. Coinmama may nonetheless refuse or suspend access to the Services where a Third-Party Service Provider informs us that you are not eligible, or where we believe you are in breach of these Terms.
Coinmama may receive fees or other consideration from Third-Party Service Providers in connection with user referrals, technical integrations, or platform access.
(B) Non-Custodial Wallet Services
Coinmama provides a non-custodial digital asset wallet that enables users to generate, manage, and use cryptographic private keys to interact directly with supported blockchain networks. Coinmama does not have possession or control of users’ private keys or digital assets and does not act as a custodian. The wallet service may be used independently or in connection with Third-Party Transactions, including for the receipt or transfer of digital assets obtained through Third-Party Service Providers.
Coinmama does not execute, clear, or settle any digital asset transaction and does not control transaction pricing, execution timing, or settlement outcomes.
(C) Promotions
From time to time we may offer rewards, discounts, coupon codes or other promotions on coinmama.com or through the CM Wallet (“Promotions”). Promotions are subject to the Coinmama Promotions Terms posted at https://www.coinmama.com/promo-terms, to the specific terms published for each Promotion, and to the policies of the Third-Party Service Provider through which the Promotion is rendered. We may modify or withdraw any Promotion at any time without notice.
3. Acceptance of Terms
By accessing or using any or all of the Services, you expressly acknowledge that (i) you have read and understood these Terms; (ii) you agree to be bound by these Terms; and (iii) you are legally competent to enter into these Terms. If you do not agree to be bound by these Terms or any updates or modifications to these Terms, you may not access or use our Services. Coinmama reserves the right to fulfil its obligations to you under these Terms itself or through one of its Affiliates.
WE DO NOT PROVIDE INVESTMENT OR FINANCIAL ADVICE OR CONSULTING SERVICES. WE ARE SOLELY THE PROVIDER OF THE CM WALLET AND AN AGGREGATION PLATFORM, AND WE DO NOT ADVISE OR MAKE RECOMMENDATIONS ABOUT ENGAGING IN CRYPTO ASSETS TRANSACTIONS OR OPERATIONS. DECISIONS TO ENGAGE IN TRANSACTIONS OR PERFORM OPERATIONS INVOLVING CRYPTO ASSETS SHOULD BE TAKEN ON YOUR OWN ACCORD.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR USE THE SERVICES.
4. The Services
“Services” means the Coinmama web site, wallet software, applications, and services, including any mobile application, web-based interface, browser-accessible service, application programming interface (API), or other means by which Coinmama makes the wallet functionality or related features available, whether accessed via a mobile device, desktop device, browser, or other supported platform.
References in these Terms to a “Device” or “App” include, as applicable, any device, browser, or interface through which the Services are accessed. Certain functionality may differ depending on the access method, but these Terms apply uniformly regardless of whether the Services are accessed via a mobile application, web interface, or other supported platform.
The CM Wallet is a non-custodial Wallet Service embedded in a mobile application, built on Fireblocks MPC (Multi-Party Computation) infrastructure, using a 2-of-2 MPC signature scheme, as follows:
- the Private Key used for signing transactions in your CM Wallet is separated into two (2) shares, where your Device Share is encrypted and resides on your Device and the Fireblocks Share is encrypted and resides on Fireblocks’ server;
- to successfully execute a Transaction, both your Device Share and the Fireblocks Share must interact and be used (2-of-2).
This means you are solely in control of and responsible for your Crypto Assets and cryptographic private keys, and accordingly you can send, store and receive any supported Crypto Assets via the relevant Crypto Assets network. You expressly acknowledge and agree that as the CM Wallet is a non-custodial wallet app, you are solely responsible for your activity and any risk of loss at all times. The non-custodial nature of the Services applies equally to all access methods, including mobile and web-based interfaces. Coinmama does not obtain possession or control of Crypto Assets or private keys as a result of providing access via a web interface, browser-based service, or remote environment.
5. CM Wallet Security and Backup Capabilities
Upon registration, you will be required to provide us with your Recovery Data, which can be used to recover your funds in case your Device is stolen, damaged, or otherwise inaccessible. You will also be required to provide your Security Data, which is used to encrypt your Data on your Device. Moreover, the Disaster Recovery Kit will allow you to access your funds without any involvement of Fireblocks (in case Fireblocks becomes inaccessible for any reason).
Please note that a recovery process will be available only if you have fully completed the backup process in accordance with the instructions presented in the App, and requires the use of your Device Share.
You are solely responsible for the retention and security of your Recovery Data, Security Data and Disaster Recovery Kit associated with your CM Wallet and you must keep them secured offline. Neither Coinmama nor Fireblocks can recreate or access your Device Share and Recovery Data in the event you lose them.
It is very important that you back up your Recovery Data and Security Data. Failure to do so could lead to permanent damage and complete loss of control over, and inability to recover, your Crypto Assets associated with the CM Wallet. You acknowledge and agree that we cannot generate new Recovery Data for your CM Wallet if you fail to maintain your original Recovery Data. If you have not safely stored a backup of your Recovery Data, you accept and acknowledge that any Crypto Assets you have associated with such CM Wallet address will become inaccessible. Accordingly, we shall have no responsibility or liability whatsoever in the event you are unable to access your CM Wallet for any reason, including without limitation your failure to keep your Security Data or Recovery Data secure.
It is imperative that you keep a backup of your Recovery Data and that you keep this backup outside of the Services. If you do not maintain a backup of your Recovery Data outside of the Services, you will not be able to access Crypto Assets previously accessed using your CM Wallet in the event that we discontinue or no longer offer some or all of the Services, or you may otherwise lose access to the Crypto Assets. We are not responsible for maintaining this information on your behalf.
6. Important Disclaimers
Neither Coinmama nor Fireblocks takes possession or control of your Crypto Assets.
Some digital tokens are illegal securities. You shall not use the Services in respect of any trade in any shares, equity or other security, whether legal or not. If you are not sure whether a given asset is a security, please obtain legal advice in Your Jurisdiction and consult the publications of the securities regulator in Your Jurisdiction (for example, the Canadian Securities Administrators or the U.S. Securities and Exchange Commission at www.sec.gov/ICO). The fact that the Services are compatible with a given Crypto Asset shall not be construed as an opinion as to the securities status of the Crypto Asset or any other legal or factual aspect of the Crypto Asset.
Coinmama has no control over any Crypto Assets network and therefore cannot and does not ensure that any Transaction details you submit via our Services will be confirmed on the relevant Crypto Assets network. Once Transaction details have been submitted to a Crypto Assets network, we cannot assist you to cancel or otherwise modify your Transaction or Transaction details. Coinmama does not have the ability to facilitate any cancellation or modification requests.
7. CM Wallet Registration and Security
When you create a CM Wallet, you will be assigned a private key. You agree to immediately notify us of any unauthorized use of your private key or any other breach of security of your CM Wallet. Notwithstanding the foregoing, you acknowledge and agree that you shall assume all risks related to the use of the Services and you shall be solely responsible for maintaining the confidentiality and security of your private key. When you create a CM Wallet, you are strongly advised to take precautions in order to avoid loss of access to and/or control over your CM Wallet. Suggested measures include, but are not limited to, creating a strong unique password that you do not use for any other purpose (i.e. different from your phone password or any other passwords you use for websites, online services, etc.), leveraging biometric authentication if available, and limiting access to your Device and your CM Wallet.
8. Payments
Payment and Fees
We do not currently charge a fee for receiving, sending or controlling Crypto Assets in your CM Wallet. However, we reserve the right to do so in the future. Fees for Third-Party Transactions are set and charged by the applicable Third-Party Service Provider and are disclosed to you by that provider before you confirm the transaction.
Transaction Fees
There may be Transaction fees (e.g. mining fees) associated with your Crypto Assets Transactions that are required by the virtual currency system or blockchain network that you engage with. You must ensure that you have an adequate balance in your CM Wallet and/or “gas” to complete Transactions before initiating a Transaction. You acknowledge and agree that we will not be liable for any failed Transactions or losses you incur due to incorrectly set Transaction fees (i.e. too low or too high) or due to insufficient funds or gas associated with your CM Wallet address. You further acknowledge and agree that we do not have access to your or anyone else’s transactions.
9. Limitations on Service Availability
Prohibited Users
The Service is not available to every user. The following persons or entities are prohibited from using the Service (each, a “Prohibited User”): (i) persons or entities who appear on (A) United Nations sanctions lists; (B) Australian sanctions lists; (C) the Bureau of Industry and Security (US) lists; (D) EU financial sanctions lists; (E) the Office of the Superintendent of Financial Institutions (Canada) lists; (F) the US Department of the Treasury Office of Foreign Assets Control (OFAC) Specially Designated Nationals (SDN) list; (G) UK financial sanctions (HMT) lists; (H) US consolidated sanctions lists; (I) the US Department of State AECA Debarred List; (J) US Department of State Nonproliferation Sanctions lists; (K) sanctions applied by the Lithuanian Government; (ii) persons or entities who are nationals or residents of Cuba, Iran, North Korea, Sudan, or Syria; (iii) persons or entities who are less than 18 years of age or not of the age of majority in Your Jurisdiction; (iv) persons or entities located in or domiciled in a jurisdiction where use of the Service or Transactions is illegal or requires a license or registration that such person or entity does not hold; and (v) persons, or their Affiliates, who have been subject to termination by Coinmama.
If you are not yet both eighteen (18) years old and of the age of majority in Your Jurisdiction, you may not use the Service. Coinmama may rely on the verification performed by the Third-Party Service Provider, and on any information available to it, to determine whether you are a Prohibited User. Prohibited Users shall be blocked from using the Service.
Prohibited Uses
You shall not use the Service for any Prohibited Use (as defined in the Glossary). Without limiting the foregoing, you must not use a proxy, VPN or any other tool or technique to conceal or misrepresent your location or Your Jurisdiction while accessing the Services.
Prohibited Crypto Assets
You shall use the Service in furtherance of Transactions involving only Crypto Assets that have been indicated as compatible by Coinmama (all other cryptocurrencies or tokens that are not so indicated, “Prohibited Crypto Assets”).
Service Modifications or Suspension
Coinmama reserves the right to modify the Service or suspend it without prior notice to or consent from you. You agree that Data or other content available through the Service may be changed or removed at any time without any notice to you. Coinmama shall not be liable to you or to any third party for any modification, suspension, error, malfunction or discontinuance of the Service.
10. Risk of Crypto Assets
You acknowledge and accept that there are inherent risks associated with Crypto Assets and that such risks extend to Transactions. These risks include but are not limited to the failure of hardware, software or internet connections, the risk of malicious software introduction and the risk of unauthorized access to your CM Wallet. It is your responsibility to familiarize yourself with the risks involved with Crypto Assets, their protocols and networks. Use of the Service does not remove these risks. Coinmama is not responsible for any communication failures, disruptions, errors, distortions or delays when using the Services, however they may be caused. Transactions are contingent on the relevant Crypto Assets network remaining operational, which may be a function of Crypto Assets miners or validators, none of which are controlled by Coinmama and for which Coinmama has no liability. You acknowledge and agree that the value of Crypto Assets can change rapidly and without warning, increase or decrease unexpectedly and may even fall to zero. Transactions will take time to be confirmed and may in some cases not be completed. If you attempt to send or receive Crypto Assets that are not supported by the CM Wallet, they may be lost entirely and not be recoverable. In no event will Coinmama be liable to you or to any third party for any of the foregoing. If the Services post a dollar value in association with a given Crypto Asset, such posting does not constitute a representation or guarantee as to the actual or projected value of such assets. It is your responsibility to independently ascertain the value of your Crypto Assets, without relying on the Services. Crypto Assets are not Fiat money and are not insured by the Canada Deposit Insurance Corporation, the FDIC or any other insurer. Most Crypto Assets Transactions are irreversible and if you lose the private keys to the CM Wallet, all your Crypto Assets may be taken and may not be retrievable. These risks include but are not limited to unanticipated changes to the network protocol and unknown vulnerabilities which may include or result in underlying technology attacks. Other possible changes that could render your CM Wallet inaccessible may include forks or rollbacks of Crypto Assets, networks, or blockchains. Coinmama has no control over any Crypto Assets and will not be responsible for any loss you suffer when you transact via any Crypto Assets.
Coinmama has no duty to monitor the Services for fraud or other suspicious activity. However, if Coinmama determines that any instance of the Service exposes you, Coinmama or any third party to any legal, financial, security or reputational risk, Coinmama reserves the right to suspend the Service in respect of the Transactions, persons or entities involved, and Coinmama shall have no liability to you or any third party for such action.
11. Your Representations and Warranties
You represent and warrant to Coinmama that:
- You shall not use the Service for any Prohibited Use or in support of any Prohibited User or for any Prohibited Crypto Assets Transaction;
- The execution of the Terms does not and will not violate any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject;
- You will not infringe or violate any of the Terms;
- You possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use the Service in accordance with these Terms, and to fully perform your obligations hereunder;
- If you use the Service on behalf of a business, corporate or charitable entity, you represent, warrant and agree: (i) that you are duly authorized under any applicable law to represent such entity in connection with these Terms and to commit it to be bound by these Terms; (ii) that you hereby make all representations and warranties herein on both your and its behalf; and (iii) that you personally guarantee performance by such entity hereunder;
- You possess the knowledge and judgment necessary to decide whether to use the Service;
- Your CM Wallet is owned and controlled exclusively by you;
- You are solely responsible for complying with applicable laws regarding use of the Service;
- You shall not rely on Coinmama and fully understand that Coinmama does not provide any endorsement, support, financial advice, representation or guarantee regarding the accuracy, reliability, truthfulness, legality or completeness of any goods, services, information or content that may be available to you in connection with the Services, including those of any Third-Party Service Provider;
- You shall obtain independent professional advice (including financial, legal, accounting, commercial and any other advice) to protect your interests before engaging in any Transaction. You acknowledge that there is no professional relationship (including any attorney-client or advisor-advisee relationship) between you and Coinmama;
- You have read and agree to assume the risks identified above;
- You shall not use the Service to share any passwords or private keys for your CM Wallet or other accounts; and
- You shall not infringe any Intellectual Property Rights of Coinmama (including, without limitation, Intellectual Property Rights in the Service – Coinmama owns all rights to the Service not expressly granted to users under these Terms).
12. Intellectual Property Rights
The Service is protected by copyright, trade secret and other Intellectual Property Rights. Coinmama owns the title, copyright and other worldwide Intellectual Property Rights in the Service. Nothing in these Terms grants you any right, title or interest in the Service or other software or Intellectual Property Rights of Coinmama. All Intellectual Property Rights relating to the Service and all elements thereof shall be and shall remain the property of Coinmama and its licensors.
You shall not:
- copy, modify, create derivative works of, adapt, emulate, translate, reverse engineer, compile, decompile or disassemble any portion of the content on the Service, including any information, material and data available on the Service (collectively, the “Content”) in any way, or publicly display, perform, or distribute the Content, without Coinmama’s prior written consent;
- copy, modify, create derivative works of, reverse engineer, adapt, emulate, translate, compile, decompile or disassemble the Service or permit others to do so;
- make any use of the Content on any other website or networked computer environment for any purpose, or replicate or copy the Content without Coinmama’s prior written consent;
- create a browser or border environment around the Service or Content, link (including in-line linking) to elements on the Service such as images, posters and videos, and/or frame or mirror any part of the Service, unless expressly permitted hereunder;
- interfere with or violate any other user’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Service without their express and informed consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine;
- transmit or otherwise make available in connection with the Service, and/or use the Service to distribute and/or otherwise transmit, any virus, worm, Trojan horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
- interfere with or disrupt the operation of the Service, or the servers or networks that host the Service or make the Service available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
- sell, license, or exploit for any commercial or non-commercial purposes any use of or access to the Content or Service;
- create a database by systematically downloading and storing all or any of the Content, or forward any Data generated from the Service without the prior written consent of Coinmama;
- infringe any Intellectual Property Rights of Coinmama in any other possible way.
“Coinmama” and all logos and other proprietary identifiers used by Coinmama in connection with the Service (“Coinmama Trademarks”) are all trademarks and/or trade names of Coinmama, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on or with respect to the Service belong to their respective owners (“Third Party Marks”). No right, license, or interest in Coinmama Trademarks or Third Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to Coinmama Trademarks or Third Party Marks; therefore you will avoid using any of those marks unless expressly permitted herein.
You shall not remove any copyright notices, restrictions and signs indicating proprietary rights of Coinmama or its licensors, including the copyright mark [©] or trademark [® or ™] contained in the Service, and you represent and warrant that you will abide by all applicable laws in this respect. You shall not engage in using, diluting or tarnishing any name, mark or logo that is identical or confusingly similar to any of the Coinmama Trademarks.
13. Privacy
You acknowledge that by using the Services you grant Coinmama and Fireblocks a royalty-free, fully paid, revocable, non-exclusive license to use, process, display, copy, modify, make derivative works of, and store the Usage Data solely to: (i) provide you with the Services; (ii) administer and make improvements to the Services; and (iii) collect and analyze aggregated anonymous information. You acknowledge that the Services do not operate as an archive or file storage system. You are solely responsible for the backup of any Usage Data and you alone must implement any backup plans and safeguards you consider appropriate.
We respect your privacy and are committed to protecting the information you share with Coinmama in connection with the Service. Our data practices and the types of information collected are described in the Coinmama Privacy Policy at https://www.coinmama.com/privacy. Personal information collected by a Third-Party Service Provider in connection with a Third-Party Transaction is governed by that provider’s own privacy policy.
You represent that all Data and other information that you provide to Coinmama shall be true and accurate. Any false or fraudulent information or use of the Service is prohibited.
On any termination of these Terms, Coinmama and its Affiliates may, at their discretion, maintain a copy of your Data for at least five (5) years, or longer where required by applicable law, but use it only (i) to compile anonymized statistical information; (ii) to reduce possible instances of fraud; and (iii) to comply with applicable laws.
14. Availability
The Service’s availability and functionality depend on various factors, such as communication networks, software, hardware, Coinmama’s service providers and contractors, and the third-party services carrying the Service. The Service may not operate or be available at all times without disruption or interruption and is not immune from unauthorized access and errors.
15. Limitation of Liability
COINMAMA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OR OPERATION OF THE SERVICE.
THE SERVICE, INCLUDING WITHOUT LIMITATION ANY CONTENT, DATA AND INFORMATION RELATED THERETO, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
COINMAMA AND ITS AFFILIATES, INCLUDING ANY OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES AND OTHER AFFILIATES (COLLECTIVELY, “COINMAMA AFFILIATES”), JOINTLY AND SEVERALLY, DISCLAIM AND MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE USABILITY, ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF ANY CONTENT, DATA, RESULTS, OR OTHER INFORMATION OBTAINED OR GENERATED BY OR COMMUNICATED BY COINMAMA HEREUNDER OR BY ANY THIRD PARTY, INCLUDING ANY THIRD-PARTY SERVICE PROVIDER.
COINMAMA DOES NOT ENDORSE ANY ENTITY, PRODUCT OR SERVICE INTEGRATED OR LINKED TO THE SERVICE OR MADE AVAILABLE IN CONNECTION WITH THE SERVICE, INCLUDING ANY EXCHANGE OR THIRD-PARTY SERVICE PROVIDER.
COINMAMA DOES NOT WARRANT THAT THE OPERATION OF THE SERVICE IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS. COINMAMA MAY, AT ITS SOLE DISCRETION AND WITHOUT AN OBLIGATION TO DO SO, CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO THE SERVICE AT ANY TIME OR DISCONTINUE DISPLAYING OR PROVIDING ANY CONTENT OR FEATURES WITHOUT ANY NOTICE TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COINMAMA AND/OR ANY OF THE COINMAMA AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, RESULTING FROM OR ARISING OUT OF THE SERVICE, USE OR INABILITY TO USE THE SERVICE, FAILURE OF THE SERVICE TO PERFORM AS REPRESENTED OR EXPECTED, LOSS OF GOODWILL OR PROFITS, THE PERFORMANCE OR FAILURE OF COINMAMA TO PERFORM UNDER THESE TERMS, AND ANY OTHER ACT OR OMISSION OF COINMAMA BY ANY OTHER CAUSE WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM YOUR CONDUCT OR THAT OF ANY EXCHANGE, THIRD-PARTY SERVICE PROVIDER OR OTHER THIRD PARTY.
NO ACTION MAY BE BROUGHT BY YOU FOR ANY BREACH OF THESE TERMS MORE THAN ONE (1) YEAR AFTER THE ACCRUAL OF SUCH CAUSE OF ACTION.
UNDER NO CIRCUMSTANCES SHALL THE LIABILITY OF COINMAMA UNDER THESE TERMS EXCEED USD $10.00 (TEN UNITED STATES DOLLARS).
16. Indemnification
You shall defend, indemnify and hold harmless Coinmama and any Coinmama Affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, fines, late fees, cancellation fees and expenses (including attorneys’ fees) arising from: (i) your use of the Service (or any part thereof); (ii) your violation of any term of these Terms; (iii) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party which relates to your use of the Service, including without limitation any damage related to cryptocurrency purchased and/or sold by you in connection with the Service; (iv) your violation of any third-party rights; and (v) any charge-back or cancellation of any monetary deposit, cryptocurrency transfer or payment made by you through the Service or a Third-Party Service Provider.
17. Amendments
Coinmama may change the Terms from time to time, at its sole discretion and without any notice, including the Privacy Policy and the Promotions Terms. Therefore, you are requested to familiarize yourself with the Terms, the Privacy Policy and the Promotions Terms each time you use the Service.
18. Termination
At any time, Coinmama may block your access to the Service or terminate these Terms, for any reason, at its sole discretion, in addition to any other remedies that may be available to Coinmama under any applicable law.
Additionally, Coinmama may at any time, at its sole discretion, cease the operation of the Service or any part thereof, temporarily or permanently, without giving any prior notice. You agree and acknowledge that Coinmama does not assume any responsibility or liability with respect to, or in connection with, the termination of the Service and/or loss of any Data.
You may terminate these Terms at any time for any reason or for no reason.
No termination of these Terms shall reduce any of your liabilities which accrued prior to such termination.
Your access to the funds in your CM Wallet after termination will depend on your access to your backup of your CM Wallet address and private key.
19. General
- These Terms do not, and shall not be construed to, create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between Coinmama and you.
- These Terms, and the rights and remedies provided hereunder, and any and all claims, disputes and controversies arising hereunder or related hereto and/or to the Service, their interpretation, or the breach, termination or validity thereof, the relationships which result from these Terms, or any related Transaction, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without reference to conflict-of-laws principles, and shall be brought in, and you hereby consent to the exclusive jurisdiction and venue of, the competent courts located in Toronto, Ontario, Canada.
- Coinmama may assign its rights and obligations hereunder and/or transfer ownership rights and title in the Service to a third party without your consent or prior notice to you. Your rights and obligations under the Terms are not assignable. Any attempted or actual assignment thereof without Coinmama’s prior explicit and written consent will be null and void.
- If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
- No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
- Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
- These Terms constitute the entire terms and conditions between you and Coinmama relating to the subject matter herein and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between Coinmama and you, including, without limitation, those made by or between any of Coinmama’s respective representatives, with respect to the Service. You agree that you will make no claim at any time or place that these Terms have been orally altered or modified or otherwise changed by oral communication of any kind or character. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of Coinmama in entering into these Terms.
- The following provisions of these Terms shall survive any termination hereof: 5 (CM Wallet Security and Backup Capabilities), 10 (Risk of Crypto Assets), 11 (Your Representations and Warranties), 12 (Intellectual Property Rights), 13 (Privacy), 15 (Limitation of Liability), 16 (Indemnification), 18 (Termination), 19 (General) and 21 (Glossary).
20. Contact
If you have any questions or comments concerning these Terms, please contact us at support@coinmama.com. Privacy-related requests should be sent to privacy@coinmama.com.
21. Glossary
The following terms as used in these Terms shall have the definitions indicated:
“Affiliate” means, in relation to a person or entity, another person or entity that directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or common control with the person or entity, or a person’s or entity’s principal partners, shareholders, or owners of some other ownership interest.
“Coinmama Privacy Policy” or “Privacy Policy” means the privacy policy of Coinmama applicable to the Services posted at https://www.coinmama.com/privacy.
“Crypto Assets”, “Virtual Currency”, “Digital Currency” means one or another convertible virtual currency, such as Bitcoin: (i) that is indicated in the Service as compatible with the Service; and (ii) that is not illegal to own, purchase or sell in Your Jurisdiction.
“Data” means information concerning you, Coinmama and the Services relevant to you or the Services, including your Usage Data.
“Disaster Recovery Kit” means a way through which we will provide you with the encryption code required to access the Crypto Assets in your CM Wallet without any involvement from Fireblocks.
“Device” means the mobile device on which the App is installed or, as applicable, any device, browser or interface through which the Services are accessed.
“Device Share” means the Private Key share which is stored encrypted on your Device and is required for the execution of Transactions.
“Exchange” means a platform that is in the business of buying, selling or exchanging Crypto Assets for Fiat.
“Fiat” means real money issued by a sovereign nation.
“Fireblocks Share” means the Private Key share which is stored encrypted on Fireblocks’ server and is required for the execution of Transactions.
“Intellectual Property Rights” means all intellectual property rights and all tangible embodiments of such rights, wherever located, including but not limited to the following: (i) all trademarks, service marks or other designations of origin, including all registrations and related applications and all goodwill associated with any of the foregoing; (ii) all copyrights, moral rights, and other rights in works of authorship, including all registrations and related applications; (iii) all inventions and ideas, whether patentable or not, and all patent rights, patents and patent applications; (iv) all know-how, trade secrets, confidential information, and other proprietary rights and information; and (v) all other rights covering intangible property recognized in any jurisdiction.
“Private Key” means the private key that is required to sign Transactions on a Wallet (e.g. sending funds from the Wallet).
“Prohibited Use” means any act or omission that is illegal in the place where you are located or normally domiciled or where Coinmama is located, or any of the following:
- using the Service for any illegal purpose, or in violation of any local, state, provincial, national, or international law, including, without limitation, laws governing intellectual property, taxation and other proprietary rights and data collection and privacy;
- using the Service in a manner that Coinmama reasonably believes to be an abuse of the Service;
- using the Service in any manner that could damage, disable, overburden, or impair Coinmama;
- using the Service in violation of these Terms, as reasonably determined by Coinmama;
- bypassing any measures which may be used to prevent or restrict access to the Service or certain functionalities therein or those of third parties, including by concealing or misrepresenting your location or Your Jurisdiction;
- using the Service in connection with any activities associated with money laundering, financing of terrorism or violating any sanctions regime.
“Promotion” means any reward, discount, coupon code or other promotional offer made available by Coinmama, as described in the Promotions Terms.
“Promotions Terms” means the Coinmama Promotions Terms and Conditions posted at https://www.coinmama.com/promo-terms.
“Recovery Data” means data that will be used to encrypt your Device Share. Such data may be a passphrase of your choice or a scan of your face using your Device.
“Security Data” means data that will be required to operate the App on your Device. Such data may be a PIN code of your choice or biometric data (a fingerprint or a scan of your face using your Device).
“Third-Party Service Provider” means a third-party digital asset service provider identified in the Service through which purchases or sales of Crypto Assets are facilitated, currently Paybis and Banxa.
“Third-Party Transaction” means a transaction between you and a Third-Party Service Provider facilitated through the Services.
“Transaction” means an actual or attempted sending or receiving of Crypto Assets from or to your CM Wallet (e.g. a purchase or sale by you of Crypto Assets from or to an Exchange or Third-Party Service Provider for which you use the Service to receive or send Crypto Assets).
“Usage Data” means data you may provide, upload, import, transmit, post, or make accessible to us through your use of the Services.
“Wallet” means a program or application that stores private and public keys and interacts with applicable cryptocurrency blockchain network(s) to enable users to send and receive Crypto Assets and monitor their balance.
“Wallet Service” means the administration of a Wallet, whether by physical device or paper, local software, online host or otherwise, and its provision as an interface for users to control access to their Crypto Assets, manage their Crypto Assets keys and addresses, track their Crypto Assets balance, or execute transactions with their Crypto Assets.
“Your Jurisdiction” means the place where you are located or domiciled or both.