IcreateCrypto Terms of Service

Last modified: July 19, 2024

Welcome to https://icreatecrypto.com/, a website-hosted user interface (the "Interface" or "Program") provided by IcreateCrypto ("we", "our", or "us"). The Interface provides access to a decentralized platform on the Ethereum and Bitcoin blockchains that allows users to convert certain digital assets ("IcreateCrypto Platform" or the "Platform") and a centralized service for cash to crypto transactions. The Interface is one, but not the exclusive, means of accessing the Platform.

This Terms of Service Agreement (the "Agreement") explains the terms and conditions by which you may access and use the Interface. You must read this Agreement carefully. By accessing or using the Interface, you signify that you have read, understand, and agree to be bound by this Agreement in its entirety. If you do not agree, you are not authorized to access or use the Interface and should not use the Interface.

NOTICE: Please read this Agreement carefully as it governs your use of the Interface. This Agreement contains important information, which impacts your rights as to how disputes are resolved. The Interface is only available to you — and you should only access the Interface — if you agree completely with these terms.

Modification of this Agreement

We reserve the right, in our sole discretion, to modify this Agreement from time to time. If we make any modifications, we will notify you by updating the date at the top of the Agreement and by maintaining a current version of the Agreement at https://icreatecrypto.com/terms.html. All modifications will be effective when they are posted, and your continued accessing or use of the Interface will serve as confirmation of your acceptance of those modifications. If you do not agree with any modifications to this Agreement, you must immediately stop accessing and using the Interface.
Eligibility

To access or use the Interface, you must be able to form a legally binding contract with us. Accordingly, you represent that you are at least the age of majority in your jurisdiction (e.g., eighteen years old) and have the full right, power, and authority to enter into and comply with the terms and conditions of this Agreement on behalf of yourself and any company or legal entity for which you may access or use the Interface. You further represent that you are not (a) the subject of economic or trade sanctions administered or enforced by any governmental authority or otherwise designated on any list of prohibited or restricted parties; or (b) a citizen, resident, or organized in a jurisdiction or territory that is the subject of comprehensive country-wide or territory-wide sanctions. Finally, you represent that your access and use of the Interface will fully comply with all applicable laws and regulations, and that you will not access or use the Interface to conduct, promote, or otherwise facilitate any illegal activity.
Proprietary Rights

We own all intellectual property and other rights in the Interface and its contents, including (but not limited to) software, text, images, trademarks, service marks, copyrights, patents, and designs. The IcreateCrypto conversions are comprised entirely of open-source or source-available software running on the public Ethereum and Bitcoin blockchains.
Additional Rights

We reserve the following rights, which do not constitute obligations of ours: (a) with or without notice to you, to modify, substitute, eliminate, or add to the Interface; (b) to review, modify, filter, disable, delete, and remove any and all content and information from the Interface; and (c) to cooperate with any law enforcement, court, or government investigation or order, or third party requesting or directing that we disclose information or content or information that you provide.
Privacy and Data Security

At IcreateCrypto, we are committed to protecting your privacy and ensuring the security of your information. As part of our operations, we collect and retain certain information from our users, including but not limited to blockchain wallet addresses, completed transaction hashes, and the token names, symbols, or other identifiers of the tokens involved in swaps. In addition to this, we now collect personal information necessary for the provision of our services, such as your name, email address, and any other identifiers that enable us to support user transactions and comply with legal requirements.

We employ a range of security measures to protect your personal information and transaction data. This includes the use of encryption, secure server infrastructure, and access control measures to prevent unauthorized access, alteration, disclosure, or destruction of your personal data.

Our service also involves third-party service providers, such as Infura, which may receive or independently obtain personal information from publicly-available sources or as part of the service they provide. We carefully select our third-party service providers and work with them to ensure they provide a comparable level of protection for your data.

Please be aware that when you use the Interface, you are interacting with the Ethereum and Bitcoin blockchains, which provides a transparent record of transactions. This means that certain information, like your blockchain wallet address and transaction details, becomes publicly accessible through the blockchain ledger. While IcreateCrypto takes measures to protect the privacy of your personal information, we do not control the Ethereum and Bitcoin blockchains and, therefore, cannot prevent the public visibility of data that is inherently public on the blockchain network.

We retain your personal information and transaction data for as long as necessary to provide you with our services and to comply with legal obligations, resolve disputes, and enforce our agreements. We respect your privacy rights and provide you with reasonable access to the personal data that you may have provided through your use of the services. If you wish to update, correct, delete, or request access to your personal information, please contact us directly.

By using our services, you acknowledge our collection, use, and retention of your personal information and transaction data as described in this privacy policy. We encourage you to read this section carefully and contact us with any questions or concerns about our privacy practices.
Prohibited Activity

You agree not to engage in, or attempt to engage in, any of the following categories of prohibited activity in relation to your access and use of the Interface:
- Intellectual Property Infringement: Activity that infringes on or violates any copyright, trademark, service mark, patent, right of publicity, right of privacy, or other proprietary or intellectual property rights under the law.
- Cyberattack: Activity that seeks to interfere with or compromise the integrity, security, or proper functioning of any computer, server, network, personal device, or other information technology system, including (but not limited to) the deployment of viruses and denial of service attacks.
- Fraud and Misrepresentation: Activity that seeks to defraud us or any other person or entity, including (but not limited to) providing any false, inaccurate, or misleading information in order to unlawfully obtain the property of another.
- Market Manipulation: Activity that violates any applicable law, rule, or regulation concerning the integrity of trading markets, including (but not limited to) the manipulative tactics commonly known as spoofing and wash trading.
- Securities and Derivatives Violations: Activity that violates any applicable law, rule, or regulation concerning the trading of securities or derivatives.
- Any Other Unlawful Conduct: Activity that violates any applicable law, rule, or regulation of Canada or another relevant jurisdiction, including (but not limited to) the restrictions and regulatory requirements imposed by law.
Do Not Facilitate the Execution or Settlement

We do not facilitate the execution or settlement of your Conversions, which occur entirely on the public distributed Ethereum and Bitcoin blockchains. This means that the transactions you initiate through our Interface are executed and settled within the blockchain environment without our direct intervention or control.

Furthermore, our support services, including assistance provided via phone calls, emails, or any other communication channels, do not extend to facilitating, influencing, or altering the execution or settlement of your transactions on the Ethereum and Bitcoin blockchains. While we are committed to offering guidance and answering questions related to navigating our Interface and understanding the features available to you, it's important to note that our support team cannot manage, execute, or settle transactions on your behalf.

Our role is to provide a secure and user-friendly platform that allows you to access blockchain technology and perform transactions independently. We encourage users to familiarize themselves with the workings of the Ethereum and Bitcoin blockchains and to undertake transactions with a clear understanding of the processes involved.

For support or inquiries that do not involve the direct execution or settlement of transactions, such as questions about using the Interface, technical issues, or account management, please feel free to contact us through the provided communication channels. Our team is here to assist you within the scope of our services.
Non-Solicitation; No Investment Advice

You agree and understand that all conversions you submit through the Interface are considered unsolicited, which means that you have not received any investment advice from us in connection with any conversions, and that we do not conduct a suitability review of any trades you submit. All information provided by the Interface is for informational purposes only and should not be construed as investment advice. You should not take, or refrain from taking, any action based on any information contained in the Interface. We do not make any investment recommendations to you or opine on the merits of any investment transaction or opportunity. You alone are responsible for determining whether any investment, investment strategy, or related transaction is appropriate for you based on your personal investment objectives, financial circumstances, and risk tolerance.
No Warranties

The Interface is provided to you "AS IS" and "AS AVAILABLE," which means we do not guarantee that our service will meet all of your needs, be error-free, or be available at all times. While we cannot warrant the perfection of our service, we are committed to continuous improvement and maintaining the security and integrity of the Interface to the best of our ability.

Please understand that despite our efforts, technology can be unpredictable. This means access may be interrupted, and information might not always be up-to-date or error-free. We also cannot ensure that our Interface or any downloads from it will be free from viruses or other harmful components, so we encourage you to use industry-standard protections against these risks.

Our commitment to you does not extend to any third-party services or products you may encounter through our Interface, for which we cannot take responsibility. We encourage you to review any third-party terms and conditions and privacy policies.

Nothing in this disclaimer aims to limit your rights under the law in your jurisdiction of residence. Should you have any concerns or issues with our service, we welcome your feedback as an opportunity for us to improve.
Non-Custodial and No Fiduciary Duties

The Interface is a purely non-custodial application, meaning you are solely responsible for the custody of the cryptographic private keys to the digital asset wallets you hold. This Agreement is not intended to, and does not, create or impose any fiduciary duties on us. To the fullest extent permitted by law, you acknowledge and agree that we owe no fiduciary duties or liabilities to you or any other party, and that to the extent any such duties or liabilities may exist at law or in equity, those duties and liabilities are hereby irrevocably disclaimed, waived, and eliminated. You further agree that the only duties and obligations that we owe you are those set out expressly in this Agreement.
Regulatory Compliance in Canada

Users of IcreateCrypto acknowledge and agree that transactions involving digital currencies and tokens, including the use of the IcreateCrypto Platform to engage with Canadian banking institutions and exchanges, are subject to regulation by various government bodies within Canada. Users are responsible for compliance with all applicable laws and regulations of Canada, including but not limited to the PCMLTFA, and regulations enforced by FINTRAC. IcreateCrypto commits to adhering to all regulatory requirements, including performing necessary due diligence and reporting as required by law.
Assumption of Risk

By accessing and using the Interface, you represent that you are financially and technically sophisticated enough to understand the inherent risks associated with using cryptographic and blockchain-based systems, and that you have a working knowledge of the usage and intricacies of digital assets such as bitcoin (BTC), ether (ETH), and other digital tokens such as those following the Ethereum Token Standard (ERC-20). In particular, you understand that blockchain-based transactions are irreversible. You further understand that the markets for these digital assets are highly volatile due to factors including (but not limited to) adoption, speculation, technology, security, and regulation. You acknowledge and accept that the cost and speed of transacting with cryptographic and blockchain-based systems such as Ethereum are variable and may increase dramatically at any time. You further acknowledge and accept the risk that your digital assets may lose some or all of their value while they are supplied to the Protocol through the Interface, you may suffer loss due to the fluctuation of prices of tokens in a trading pair or liquidity pool, and, especially in expert modes, experience significant price slippage and cost. You understand that anyone can create a token, including fake versions of existing tokens and tokens that falsely claim to represent projects, and acknowledge and accept the risk that you may mistakenly trade those or other tokens. You further acknowledge that we are not responsible for any of these variables or risks, do not own or control the Protocol, and cannot be held liable for any resulting losses that you experience while accessing or using the Interface. Accordingly, you understand and agree to assume full responsibility for all of the risks of accessing and using the Interface to interact with the Protocol.
Risk Disclosure

Engaging in digital currency transactions and exchange services involves significant risks, including but not limited to market volatility, regulatory changes, and potential loss. Users should be aware that interactions with banks and exchanges may be subject to delays, technical issues, and other operational challenges. IcreateCrypto does not guarantee the completion of transactions in a specific time frame or the availability of services at all times. Users agree to assume all risks associated with the use of IcreateCrypto services to engage with Canadian banks and exchanges.
Third-Party Resources and Promotions

The Interface may contain references or links to third-party resources, including (but not limited to) information, materials, products, or services, that we do not own or control. In addition, third parties may offer promotions related to your access and use of the Interface. We do not endorse or assume any responsibility for any such resources or promotions. If you access any such resources or participate in any such promotions, you do so at your own risk, and you understand that this Agreement does not apply to your dealings or relationships with any third parties. You expressly relieve us of any and all liability arising from your use of any such resources or participation in any such promotions.
Release of Claims

You expressly agree that you assume all risks in connection with your access and use of the Interface and your interaction with the Protocol. You further expressly waive and release us from any and all liability, claims, causes of action, or damages arising from or in any way relating to your use of the Interface and your interaction with the Protocol.
Indemnity

You agree to hold harmless, release, defend, and indemnify us and our officers, directors, employees, contractors, agents, affiliates, and subsidiaries from and against all claims, damages, obligations, losses, liabilities, costs, and expenses arising from: (a) your access and use of the Interface; (b) your violation of any term or condition of this Agreement, the right of any third party, or any other applicable law, rule, or regulation; and (c) any other party's access and use of the Interface with your assistance or using any device or account that you own or control.
Limitation of Liability

IcreateCrypto, its affiliates, directors, officers, employees, or agents will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the services; (ii) any conduct or content of any third party on the services; (iii) any content obtained from the services; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.
Dispute Resolution

Any disputes arising from or related to your use of IcreateCrypto services in connection with Canadian banks and exchanges will be resolved through binding arbitration in accordance with the Arbitration Act of British Columbia. You agree that any such arbitration will take place in Vancouver, British Columbia, and will be conducted in the English language. Notwithstanding the foregoing, IcreateCrypto reserves the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
Entire Agreement

These terms constitute the entire agreement between you and us with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Interface. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
A Little Bit About Fees – Yes, the Necessary Evil

Ah, fees. No one likes them, but just like that distant relative who always shows up at family gatherings, they're somewhat inevitable. Here at IcreateCrypto, we strive for transparency and fairness, which means we'll tell it to you straight – no hidden surprises or secret handshakes involved.

For the privilege of converting your hard-earned cash to crypto (and vice versa), we apply a modest fee of 5%. Think of it as our way of keeping the lights on and the gears turning, ensuring you have a seamless experience whether you're buying your first Bitcoin or diversifying your digital asset portfolio.

Now, you might wonder, "Why 5%?" Well, it's not just a random number we picked while playing darts. This fee helps us cover the operational costs, from maintaining top-notch security that guards your transactions like a digital fortress to providing support services so stellar you'd think you're chatting with a friend. Plus, it supports our ongoing efforts to improve and innovate, making sure we're not just another platform but your go-to place for all things crypto.

We promise to use this fee wisely, reinvesting in the platform to bring you even more features and services that make navigating the crypto world a breeze. So, while we can't make fees disappear (we're good, but not that good), we can ensure you get bang for your buck—or should we say, Bitcoin for your buck.
A Token of Our Appreciation

If you've made it this far, congratulations and thank you! It's no small feat to navigate the dense forest of terms and conditions, and your diligence hasn't gone unnoticed. At IcreateCrypto, we understand that the time and effort you invest in understanding our platform is a cornerstone of trust and informed decision-making.

As a token of our gratitude, we're extending a special offer to you, the intrepid reader: personalized phone support for our platform. This is our way of saying thank you for taking the time to truly understand the workings and values of IcreateCrypto. You now have direct access to our knowledgeable support team, ready to assist you with bespoke advice and answers tailored to your unique journey in the world of cryptocurrency.

To redeem this offer and connect with your personal support guru, simply mention that you've read the terms when you make your next call to us. It's that easy. Consider it a small gift from us to you, a member of the IcreateCrypto family who really does go the extra mile.