Last updated: March 28 2018
The above summary is not intended to be a substitute for reading the full terms of use below. This summary is not comprehensive. We thank you for using CoinFoleo. We hope you enjoy using CoinFoleo as much as we enjoyed creating it!
IMPORTANT NOTICE: READ THESE TERMS OF USE CAREFULLY. THESE TERMS REQUIRE BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM RELATING TO THESE TERMS, THE PLATFORM OR PROPERTIES OR ANY RELATIONSHIP BETWEEN US. ANY SUCH DISPUTE OR CLAIM WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION. THESE TERMS ALSO CONTAIN A DISCLAIMER OF WARRANTIES AND A DISCLAIMER OF LIABILITY, AS WELL AS A RELEASE AND INDEMNIFICATION BY YOU.
This terms of use agreement (these “Terms”) constitutes a legally binding contract between Chrysmo, LLC (“Chrysmo,” “we,” “us”) - the makers of CoinFoleo and you, with respect to your use of CoinFoleo Platform owned or operated by Chrysmo. By accessing or using the CoinFoleo platform through CoinFoleo’s apps (Web, iOS or Android), you acknowledge that you have read, understood, and agree to be bound by, these Terms, our Privacy Policy and, if applicable, the Additional Program Terms (as defined below), including any updates posted here or otherwise communicated to you. If you do not agree to the Terms, the Privacy Policy and the Additional Terms (if applicable), please do not use the Platform.
We reserve the right to modify these Terms at any time by posting a revised version with a revised Effective Date. Any changes to the Terms will be effective immediately upon posting. Your continued use of the Platform after such changes will constitute acceptance of, and agreement to, such changes. You waive any right you may have to receive specific notice of such changes.
You affirm that you are at least 18 years of age or the age of majority in your jurisdiction, whichever is greater, and are fully able and competent to enter into, and comply with, these Terms. If you are accessing and using the Platform on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. In that situation, “you” and “your” will refer to both you and that entity.
Our Privacy Policy, which describes how we collect and use information from our users, is available at https://coinfoleo.com/privacy-policy/, through the link titled “Privacy” on our homepage, as well as in section below.
CoinFoleo platform helps “Users” to track their Cryptocurrency portfolio, view the positions and performance. The information represented in CoinFoleo should be purely used as informational.
We don’t collect any payment information nor charge any fees for using CoinFoleo.
We collect the information you provide when setting up your account with CoinFoleo. Such information includes your name and email. This minimal information is purely used for authentication purposes.
You agree you won’t disclose your password to anyone and you’ll notify us immediately of any unauthorized use of your account. You are responsible for all activities that occur in your account, whether or not you know about them.
Account registration is required for Users to use Platform. When you open or confirm an account, you will be required to provide us with specified personal information, which may include, without limitation, your name, email. You must keep your account information complete, accurate and current at all times. You agree to maintain the security of your account information and that you are responsible for all activity in connection with your account. By creating your account, you agree that communication may be made with you via email, app notifications.
You agree and acknowledge that during your use of CoinFoleo Platform, we may collect comments, data or other information (individually and collectively, “Collected Information”) such as information about your transactions, your preferred local currency (individually and collectively, “Collected Information”).
You agree not to post, submit or link to any User Submissions or material that infringes, misappropriates or violates the intellectual property or other rights of any third party, or that is in violation of any federal, state or local law, rule or regulation. Additionally, you agree not to post, submit or link to any User Submissions or material that is deceptive, fraudulent, threatening, harassing, defamatory, obscene or otherwise objectionable as determined by Chrysmo, the makers of CoinFoleo.
You agree not to post, submit or link to any User Submissions or material that (i) directly or indirectly directs persons to another online or offline location that provides products or services similar to the Platform; (ii) involves unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; or (iii) facilitates gambling, gaming, raffles, lotteries, sweepstakes, and/or any other activity featuring the award of a prize.
If you elect to provide or make available to CoinFoleo any suggestions, comments, ideas, improvements or other feedback relating to the Platform or otherwise “Suggestions”, we will be free to use, disclose, reproduce, have made, modify, license, transfer and otherwise utilize and distribute your Suggestions in any manner, without credit or compensation to you.
When you contact us, when we contact you, or when you communicate through the Platorm, we may monitor and/or record those communications for quality assurance, customer satisfaction and other purposes. You consent to this monitoring and recording.
Subject to your compliance with these Terms, we hereby grant you, as a User, a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to access and use the Platform for your personal, non-commercial and informational use only.
The CoinFoleo Platform, including all materials and information, and the selection, arrangement and composition of such information (“Materials”) are proprietary property of Chrysmo are protected by United States and international intellectual property laws, including but not limited to trademark and copyright laws. You agree not to remove, alter or obscure any copyright, trademark or proprietary rights notice incorporated in or accompanying the Platform. Except for the limited license explicitly granted to you under these Terms, no other license is granted to you, whether by implication, estoppel or otherwise and all rights are explicitly reserved. You may not reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or architectural framework for the Services (except to the extent specifically permitted by applicable law). You may not use or access the Platform in any manner that could damage, disable, overburden, or impair the Platform or that could interfere with the rights of or otherwise harm Chrysmo, its service providers, suppliers, other Users or any other person.
All non-Chrysmo trademarks, product names and logos appearing on our Platform are property of their respective owners.
If you believe that your work has been reproduced in connection with the Platform in a manner that constitutes copyright infringement, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by sending a written notification to Chrysmo at the address below, with the following information: (i) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest, (ii) identification of the copyrighted work claimed to have been infringed, (iii) a description of where the material that you claim is infringing is located within the Platform, (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address, (v) a signed statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and (vi) a signed statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or you are authorized to act on behalf of the owner.
Notification pursuant to the DMCA should be submitted to:
Chrysmo, LLC Attn: Chrysmo Support [email protected] (980)-500-9766
YOU AGREE THAT YOU BEAR ALL RISK AND YOU AGREE TO AND DO HEREBY RELEASE CHRYSMO, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, LICENSEES AND SUPPLIERS (COLLECTIVELY, THE “CHRYSMO PARTIES”) FROM ALL CLAIMS, DEMANDS, LIABILITIES AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, NOW AND IN THE FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE PLATFORM AND YOUR USE OF, OR TRANSACTIONS WITH, CHRYSMO, USERS, SERVICE PROVIDERS OR OTHER THIRD PARTIES. YOU FURTHER WAIVE ANY AND ALL RIGHTS AND BENEFITS OTHERWISE CONFERRED BY ANY STATUTORY OR NON-STATUTORY LAW OF ANY JURISDICTION THAT WOULD PURPORT TO LIMIT THE SCOPE OF A RELEASE OR WAIVER. YOU WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS WHICH YOU HAVE OR MAY HAVE UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA OR ANY SIMILAR PROVISION OF THE STATUTORY OR NON-STATUTORY LAW OF ANY OTHER JURISDICTION TO THE FULL EXTENT THAT YOU MAY LAWFULLY WAIVE ALL SUCH RIGHTS AND BENEFITS.
THE PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE CHRYSMO PARTIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, AND OTHERWISE, IN CONNECTION WITH THE PLATFORM AND YOUR USE OF OR TRANSACTIONS WITH CHRYSMO, USERS, SERVICE PROVIDERS OR OTHER THIRD PARTIES, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SECURITY, ACCURACY, AVAILABILITY, USE OF REASONABLE CARE AND SKILL, AND NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, AND COURSE OF PERFORMANCE.
IN NO EVENT WILL THE CHRYSMO PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COST OF COVER, LOST PROFITS OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF, BASED ON, OR RESULTING FROM YOUR USE OF THE PLATFORM AND YOUR USE OF, OR TRANSACTIONS WITH, CHRYSMO, USERS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT CHRYSMO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
IN NO EVENT WILL THE COLLECTIVE LIABLITY OF THE CHRYSMO PARTIES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE PRIVACY POLICY, THE PLATFORM, AND YOUR USE OF, OR TRANSACTIONS WITH, CHRYSMO, USERS EXCEED THE AMOUNT YOU HAVE PAID TO CHRYSMO FOR USE OF THE APPLICABLE SERVICES IN THE PRECEDING TWELVE MONTH PERIOD.
IN ADDITION TO YOUR INDEMNIFICATION OBLIGATIONS WITH RESPECT TO FALSE INFORMATION, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE CHRYSMO PARTIES FROM AND AGAINST ANY CLAIMS, DISPUTES, DEMANDS, LOSSES, OBLIGATIONS, LIABILITIES, EXPENSES, DAMAGES AND COSTS (INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES) DUE TO OR ARISING OUT OF (1) YOUR ACCESS TO OR USE OF THE SERVICES, (2) YOUR USE OF, OR TRANSACTIONS WITH, CHRYSMO, USERS, OR (3) ANY OTHER VIOLATION BY YOU OF ANY OF THESE TERMS. CHRYSMO RESERVES THE RIGHT, AT ITS OWN COST AND SOLE DISCRETION, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH CHRYSMO IN ASSERTING ANY AVAILABLE DEFENSES.
YOU AGREE THAT ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, THE PRIVACY POLICY, YOUR ACCESS TO OR USE OF THE SERVICES OR THE PROPERTIES OR ANY RELATIONSHIP BETWEEN US (ANY OF THESE, A ÒDISPUTEÓ) WILL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.
The arbitration will be conducted by the American Arbitration Association (AAA) under its then-applicable rules, including (as appropriate) its Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees will be governed by the AAAÕs rules. The arbitration shall be conducted in the English language by a single, independent, and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted in Mecklenburg County, North Carolina. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.
ANY DISPUTE WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION. YOUR ACCESS AND CONTINUED USE OF THE PROPERTIES AND/OR THE SERVICES SIGNIFIES YOUR EXPLICIT CONSENT TO THIS WAIVER. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN COURTS OF COMPETENT JURISDICTION LOCATED IN MECKLENBURG COUNTY, NORTH CAROLINA. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH PROCEEDING.
Notwithstanding anything to the contrary, you and Chrysmo may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect intellectual property rights, whether in aid of, pending or independently of the resolution of any Dispute pursuant to the arbitration procedures set forth above.
You agree that these Terms, the Privacy Policy and any Dispute will be governed only by United States and North Carolina state law, without regard to conflict of law provisions. Without limiting the jurisdiction of any other court, you admit and further irrevocably agree to submit to the personal jurisdiction of the courts located within Mecklenburg County, North Carolina for the purpose of entering judgments on arbitral awards. A UserÕs rights under an agreement with a Service Provider will be governed by the terms of that agreement and by applicable federal, state, and local laws.
These Terms, and any rights and licenses granted hereunder, may be transferred or assigned by you only with Chrysmo’s prior written consent, but may be assigned by Chrysmo without restriction and without notice to you.
These Terms, include any applicable Additional Program Terms, constitute the entire agreement between you and Chrysmo concerning the Services and supersede all prior or contemporaneous communications of any kind between you and Chrysmo with respect to the Services. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, and the remainder of these Terms shall remain in full force and effect.
No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Chrysmo’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
We reserve the right to modify, restrict access to, or discontinue the Services (or any portion of the Services), temporarily or permanently, with or without notice to you, and we are not obligated to support or update the Services. Unless explicitly stated otherwise, any new features that result in a change the current Services shall be subject to these Terms.
We reserve the right to refuse service to anyone. We reserve the right, with or without notice, and in our sole discretion, to terminate any license to the Services, in whole or in part, and to block or prevent any Users future access to and use of the Services, for any at any time and for any reason (including but not limited to those specifically described in these Terms).
Neither these Terms nor the Privacy Policy create any right of action on the part of any third party, except for the Chrysmo Parties and suppliers or others who are party to written agreements with us explicitly giving them third party beneficiary rights.
If any of the Chrysmo Parties take legal action against you as a result of your violation of these Terms, the Chrysmo Parties will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to the Chrysmo Parties.
If you have questions about these Terms, please contact us by email at [email protected].
The following additional terms apply if you access or use the Services through an Apple iOS product:
Chrysmo, the makers of CoinFoleo and you acknowledge that these Terms are concluded between Chrysmo and you only, and not with Apple, and Chrysmo, not Apple, is solely responsible for the Services and the content thereof.
The license granted to you for the Services is limited to a non-transferable license to use the Services on any iOS product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
As between Apple and Chrysmo, Chrysmo is solely responsible for providing maintenance and support services, if any, with respect to using CoinFoleo platform, as specified in these Terms, or as required under applicable law. Chrysmo and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to CoinFoleo platform..
As between Apple and Chrysmo, Chrysmo is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the CoinFoleo platform to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the CoinFoleo platform to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Chrysmo’s sole responsibility.
Chrysmo and you acknowledge that Chrysmo, not Apple, is responsible for addressing any claims by you or any third party relating to the CoinFoleo platform or your possession and/or use of the platform, including but not limited to: (i) product liability claims; (ii) any claim that the platform fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Chrysmo and you acknowledge that, in the event of any third party claim that the platform or your possession and use of the CoinFoleo platform infringes that third party’s intellectual property rights, Chrysmo, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Chrysmo and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms with respect to access or use of the CoinFoleo platform through an iOS product, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
Last updated: March 28 2018
Thank you for choosing to use CoinFoleo - a Chrysmo product! We understand that your privacy is important and this policy explains how we protect that privacy, the data we collect, and how we use that data when you use our website, software, or services (“Services”;). We may revise this Privacy Policy at any time and will post the date of the latest update above.
We collect and use the information below to provide and improve the Services of CoinFoleo:
We collect the information you provide when setting up your account with CoinFoleo. Such information includes your name and email. This minimal information is purely used for authentication purposes.
When you use the Services, we collect information related to the devices on which you are using our Services. Examples of such information include the type of device, type of browser, IP addresses, and other identifiers associated with your device, including your location.
Similar to many other Services, we use cookies and other similar technologies such as web beacons to collect information. You have the right and ability to tell change the settings on your browser to refuse cookies, but note that if you do so, you may not be able to access our Services with full functionality.
CoinFoleo may share your information as discussed below. We will not sell your information to third parties.
We may share your information to third parties if we determine that a disclosure is required to comply with the law, protect persons from death or serious injury, or prevent fraud.
In the event that CoinFoleo decides to sell, buy, merge, or engage in another strategic transaction involving our business and other businesses, such transaction may involve disclosing your information. While we would seek protections for all information disclosed, the information would likely be one of the transferred assets in such a transaction.
We maintain security measures that are standard in the industry and regularly examine and update those measures to stay current and protect your information. Please note that no method of storing or transmitting information on the internet is completely secure, and therefore we cannot guarantee the security of information you share with us.
These services are not directed at children under 13, we will not intentionally collect or store any personally identifiable information of children under 13. If you are a child under the age of 13, please do not use our Services or submit any personally identifiable information to us.
This Privacy Policy and the privacy practices of our Services will be subject exclusively to the laws of the State of North Carolina within the United States of America, without regard to conflict of law principles. If you reside outside of the United States, you are responsible for complying with local laws in connection with your use of the Services, and you consent to the collection, transfer, storage, and use of your personal information in the United States of America in accordance with this Privacy Policy.
If you have any questions or concerns about CoinFoleo, or this privacy policy, please contact us at [email protected].