Terms and Conditions

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS PLATFORM AND OUR SERVICES.

1. Conclusion of the Agreement and Overview

1.1 These Terms of Use (Terms) govern the conditions under which you (client, customer, user, you, your) may use our platform available at https://coinmate.io (Platform) operated by COINMATE a.s. (Company, Coinmate, we, our, or us) for the purpose of providing services related to the trading of virtual assets (DC, cryptoassets, cryptocurrencies) and FIAT currencies (FC), as listed in the Appendix to these Terms. These services include:

1. Providing custody and administration of crypto-assets on behalf of clients (hereinafter referred to as “Custody”); read how we store and manage your cryptoassets and what your and our rights and obligations are in connection with their custody and management; details regarding the provision of this service can be found in the Custody Rules here;
2. Providing transfer services of cryptoassets on behalf of clients (hereinafter referred to as “Transfer”); find out what the terms and conditions are for depositing and withdrawing DC on our Platform. Details regarding the provision of this service can be found in the Transfer Rules here;
3. Operating a trading platform for cryptoassets (hereinafter referred to as “Trading Platform Operation”); in this section, you will learn about your rights and obligations regarding trading on our Platform. Details regarding the provision of this service can be found in the Platform Trading Rules here;
4. Exchange of cryptoassets for funds or other cryptoassets (hereinafter referred to as “Exchange”); find out how the Exchange service works and what the terms of its use are. Details regarding the provision of this service can be found here;
5. The Quick Buy/Sell and Recurring Buy user interfaces are used to provide the Trading Platform Operation Services or the ExchangeService. The cryptoassets for which the Exchange Service is provided are clearly marked in this interface.

 (hereinafter collectively referred to as the “Services”). 

1.2 Use of the Platform, browsing the Platform, or registering on the Platform is governed by these Terms, including their Annexes.

1.3 To use the Services, you must be at least 18 years of age and have legal capacity.

1.4 The Company operates the Platform under the trade name COINMATE a.s., with its registered office at Pernerova 697/35, Karlín, 186 00 Prague 8, ID No. 14071711. The Company is registered in the Czech Republic under file no. B 26903, maintained by the Municipal Court in Prague. 

1.5 You can contact the Company via the support form. Our business hours are Monday through Friday from 9:00 AM to 5:00 PM CET.

1.6 You can find our fees on this page (Fees).

1.7 By using the Platform, you also agree to our Privacy Policy, which can be found here.

1.8 We currently provide the Services only in the countries listed in the list of available countries, which is displayed to the client after verifying their email address as part of account activation here (Supported Countries). Coinmate does not provide the Services to residents of the United Kingdom. The availability of certain countries may change from time to time and without prior notice due to regulatory requirements, conditions in the relevant country, or circumstances beyond our control, and Coinmate assumes no liability for any damages caused by the unavailability of its Services for the reasons mentioned above. Please always check the list of currently available countries on our Platform.

1.9 Before you start using our Platform, please read these Terms carefully. Once you click the button to accept these Terms, please print them out or save them as a PDF and keep them in a safe place. These Terms may change, and if they do, we will notify you at least 30 days in advance. If you do not agree with the new Terms, you have the right to terminate them no later than the effective date of the new version of the Terms. If you do not exercise the option to terminate the Terms by that date and continue to use our Services, you will be deemed to have agreed to the new Terms.

1.10 The 30-day notice period for changes to the Terms under Section 1.8 does not apply in cases where the purpose of the changes is to make these Terms more understandable. Furthermore, we are entitled to shorten the notice period under Section 1.9 to at least 15 days (or to the minimum necessary period with immediate effect) if the change is caused by:

• a change in legal regulations, a final decision by a court or supervisory authority;
• the need to bring the Company’s activities into compliance with interpretative opinions, guidelines, or recommendations of supervisory authorities (in particular the CNB, ESMA, and EBA); 
• to ensure the cybersecurity of the Platform or to protect clients’ assets from fraudulent activity;
• events on the underlying cryptoasset network (e.g., a hard fork, technical failure) or the need to delist a cryptoasset for business or technical reasons;
• the fact that the change is exclusively to your benefit (e.g., a reduction in fees or the addition of new features) or introduces a completely new optional service.

2. SERVICES AND OBLIGATIONS

2.1 Coinmate is not a payment service provider. The Services are primarily intended to enable you to buy or sell DC for FC and vice versa. No transaction involving DC constitutes any of the payment services or cross-border cashless transactions listed in the Payment Services Act or the PSD2 Directive. It is not possible to exchange FC for other FC or pay third parties in FC through the Platform. You agree to pay Coinmate fees for using the Services.

2.2 In accordance with these Terms, Coinmate undertakes to provide you with the Services with professional care. As stated above, the Services may not be fully or partially available in certain regions, countries, or jurisdictions. 

2.3 Your funds entrusted to Coinmate are protected by law in the event of an adverse situation on Coinmate’s part. In accordance with Act No. 31/2025 Coll., on the implementation of European Union regulations in the area of financial market digitization, the following are considered entrusted funds:

a) your DC;

b) means of access to your DC;

c) FCs that you have entrusted to the Company;

The Act on the Implementation of European Union Regulations in the Area of Financial Market Digitalization establishes the following protective measures in favor of the Company’s clients:

a) All entrusted funds are considered your property, not the Company’s property.

b) Entrusted funds are not subject to enforcement proceedings or execution against the Company’s assets. This means that even if execution is ordered against the Company’s assets, your funds remain unaffected.

c) In the event of the Company’s bankruptcy and the issuance of an insolvency ruling, a special insolvency administrator will be appointed, who is obligated to return your entrusted funds to you without undue delay, including any proceeds from such funds.

d) If a situation arises where DCs of the same type are insufficient to satisfy the claims of all clients, each client will receive a proportional share corresponding to their claim. In the case of indivisible DCs, they would be liquidated and the proceeds distributed among clients in proportion to their claims.

e) All funds entrusted by a client are held in their account, thereby ensuring legal segregation.

2.4 One of Coinmate’s goals is to educate the public about cryptoassets. To this end, we provide comprehensive educational materials available under the Education tab in the top menu of our website at https://coinmate.io/cz. These materials include basic information about cryptocurrencies, including specifics regarding transfers and withdrawals of cryptoassets. Here, users will find clear explanations of how blockchain technology works, security aspects of trading cryptoassets, and the current regulatory environment. Coinmate thereby strives to provide users with all the necessary knowledge for the safe and informed use of our Services.

2.5 The Company reserves the right to terminate support and remove any DC from the range of Services at any time (hereinafter “Delisting”). The Company will inform customers of its intention to carry out a Delisting via the Platform and/or by email.

2.6 The Company may proceed with Delisting particularly in the following cases:

a) A change in legal regulations or a decision by a supervisory authority that prevents further support for the given DC.

b) Critical vulnerabilities in the DC network, a hard fork, technical failure, or suspicion of massive fraud or network abuse.

c) The DC’s liquidity falls below the level required for safe order matching, or the DC’s value reaches a level susceptible to market manipulation.

d) Termination of support for the relevant DC by business partners (e.g., sub-custodians).

2.7 The Company shall provide customers holding the affected DC with a grace period to sell or withdraw these funds, which shall not be less than 30 days from the announcement of the Delisting. The Company is entitled to reasonably shorten this period (up to immediate effect) in justified cases, particularly in the event of a direct threat to the security of client assets or upon the order of a supervisory authority.

2.8 Upon notification of the Delisting, the Company may suspend the ability to purchase the relevant DC and cancel all open limit orders to buy. The ability to sell and Withdraw remains in effect for the duration of the grace period, provided that technical circumstances permit.

2.9 If the customer does not make a Withdrawal or sell the DC by the end of the grace period, they expressly agree and instruct the Company to convert their remaining balance in the relevant DC into CZK at the exchange rate current at the time of conversion and in accordance with the Company’s valid Price List (the conversion will occur at the exchange rate that the Company actually achieves when selling this balance on a partner exchange at the time of conversion).

3. OPENING AN ACCOUNT

3.1 Before you can use the Services, you must open an account with us via the Platform.
3.2 As part of the account opening process, you will be asked to provide identification information so that we can verify that we are dealing with an existing natural or legal person. We will obtain this information either directly from you or, with your consent, through our partners. This information will include, among other things: your first and last name, date of birth, place of birth, gender, residential address, nationality, type and number of identification document, country and authority that issued the identification document, and the expiration date of the identification document. If the data subject is a company, it will also include the company name, registered office, company identification number, and the first and last names of the members of the statutory body.

3.3 We may reject your application for various reasons and are not obligated to inform you of the reasons for the rejection.

3.4 Once your account application is approved, you will be able to use the Services. Coinmate reserves the right to suspend your account at any time and request additional information/documentation if required. This may be because you have reached one of our limits for deposits, withdrawals, or trading. At this stage, we may ask you to provide us with additional information regarding, for example, your financial profile. You agree to cooperate with us in this regard.

3.5 We expressly reserve the right to cancel and/or close accounts that have not been verified, even though we have made good-faith efforts to contact you and request your verification. 

4. LIMITS

4.1 Deposits, withdrawals, and trading may be subject to maximum allowed amounts per 24-hour period. Certain types of deposits and withdrawals may be subject to so-called holding periods (a specified period during which a request remains on hold and will be processed after this period expires).

5. COMMISSIONS

5.1 You (the Referrer) may be paid a commission for referring new clients to us. A website link (Link) will be made available to the Referrer, who may use it to refer additional users to the Coinmate Platform who have not yet received our Services or who have not registered on our Platform (Potential Users). If Potential Users register and become our clients (New Clients), we will pay the Referrer a commission (defined below) from our net revenue (defined below) derived from transactions with New Clients under the terms set forth below.

5.2 As a Referrer, you have no authority to bind or represent us, and you will:

• act in good faith toward us;
• not abuse this commission/bonus system, for example by creating multiple accounts or in any other way;
• not act in a manner that damages our reputation;
• act ethically and in accordance with the law when acquiring Potential Users;
• not create links in a way that implies any form of association, endorsement, or support on our part;
• not to do anything that would discredit us, such as spam marketing or linking to inappropriate websites. If you have any doubts about where to post a link, please contact us directly;
• ensure that the websites you link to comply in all respects with the content standards set out in our Acceptable Use Policy.

5.3 We may ask you to provide us with full details of where you have placed the Link, and you are required to provide us with this information within 7 days. We reserve the right to revoke permission to add links without prior notice. The Referrer may not make or provide any statements, warranties, or other promises regarding Coinmate’s services without our prior written consent. If you intend to appoint additional Referrers, you must request permission.

5.4 The Referrer is entitled to a commission if the Prospective Client becomes a New Client.

5.5 The amount of the commission to be paid shall not be less than 5% of the transaction fees payable to us for the Services under the applicable agreement, reduced by value-added tax or other sales tax, by any out-of-pocket expenses incurred by us in providing the Services, and by any discounts or rebates provided by us (our Net Revenue) that we have received under each applicable agreement (which may be renewed, extended, or amended) during a period not exceeding 6 months from the date of its commencement (Commission). Any other commission we provide to you IS ENTIRELY AT OUR SOLE DISCRETION AND DOES NOT CREATE ANY CONTRACTUAL OBLIGATION BETWEEN US.

5.6 We will pay you the Commission only after we receive payment from the New Client. We will endeavor to pay you the Commission within a reasonable time.

5.7 You are responsible for any tax due on the commission received. You will inform us if you are a VAT payer, and we will therefore require an invoice from you for the Commission amount. The amount on the invoice will correspond to the Commission amount including VAT.

5.8 Any other bonus system we introduce is purely discretionary and does not create any contractual entitlement for the bonus recipient.

5.9 One of our bonus programs may be directed at the top traders on the Platform. We may, at our sole discretion, decide to award a bonus to the top traders.

5.10 If we have paid you a commission and it turns out that you have violated Section 5.2, all commissions paid to you will be returned to us, and no further accrued or future commissions will be paid to you. If you have already withdrawn funds from your account, we reserve the right to take legal action against you to recover these amounts.

6. RISKS

6.1 There are a number of risks associated with DCs. The value of a DC can rise or fall rapidly, and therefore it may not be suitable for you as a store of value. If the value drops significantly, you may not be able to sell the DC because there may be less demand for it
in the market.

6.2 You should be aware of the risks associated with DC and use only funds that you can afford to lose when purchasing DC. You agree that you understand these risks before using these Services. If you are unsure about the associated risks, you should not proceed.

6.3 We are not liable for any damages or losses you may incur in connection with any decline in the value of DC.

6.4 DCs are currently autonomous and unregulated digital systems. These systems rely on peer-to-peer networks and cryptography to maintain their integrity. Trading in DCs is susceptible to irrational (or rational) bubbles or a loss of confidence, which could lead to a collapse of demand relative to supply. Trust could collapse, for example, as a result of unexpected changes imposed by software developers or other entities, government intervention, the creation of better competing alternative currencies, or deflationary or inflationary spirals. Confidence could also collapse due to technical problems, if money were lost or stolen, or if hackers or governments were able to prevent the settlement of any transactions.

6.5 Our business model and our service consist of facilitating the purchase, sale, and trading of DC.

6.6 Other risks may arise beyond those listed in these Terms.

7. YOUR OBLIGATIONS

7.1 You agree to pay us Fees for every order you place. Payment becomes due when your order is matched with another user’s order or when you confirm a fixed exchange rate and the trade is settled. Payment will be automatically deducted from your account.

7.2 In connection with your registration and use of the Services, you represent and warrant that you will provide Coinmate with true, accurate, current, and complete identification information and, if necessary, additional documents to verify your identity, and that you will promptly update your personal information if it changes. The same applies to your obligation to inform Coinmate immediately if, at any time during the contractual relationship, you meet the definition of a politically exposed person (PEP) within the meaning of Act No. 253/2008 Coll.

7.3 In cases where politically exposed persons (PEPs) use or wish to use the Services or conduct transactions, or those about whom adverse information is available in the mass media, or those whose conduct has triggered an investigation by banks or financial institutions, Coinmate reserves the right to charge these clients a special compliance fee if we incur direct additional costs in connection therewith.

7.4 When depositing or withdrawing DC or FC in accordance with these Terms, you are required to ensure that all transfer details are correct before submitting the transaction. Once a transfer has been submitted for processing, it is generally not possible to change any of its details. Before submitting transfers, you will be given the opportunity to confirm them, and you must carefully review the details. Please note that DC transactions are irreversible. Coinmate is not liable for the loss of your DCs in connection with an incorrectly entered external address. Details regarding the procedure, particularly in the case of a deposit to an unsupported network or an unsupported cryptoasset, can be found in Appendix 2 of these Terms (Transfer Rules). We will attempt to process each transfer request immediately, but the transfer may be delayed for a variety of reasons, including your ability to provide us with the correct information and compliance with our identity verification procedures.

7.5 When using the Services, you will comply with these Terms, as well as all applicable laws, rules, and regulations in force in the relevant jurisdiction. It is a breach of these Terms to use the Services in connection with any illegal activity, including, but not limited to, money laundering, fraud, and the financing of terrorist organizations, or to use DC to circumvent any capital controls within your home jurisdiction.

7.6 If you use the Services in connection with any illegal activity as described in Section 7.5, Coinmate may report you to the relevant legal and/or regulatory authorities.

7.7 When using the Platform or Services, you may not:

• open more than one account;
• provide false, inaccurate, or misleading information;
• allow anyone else to access your registration details; or
• refuse to provide requested information (including proof of identity), or refuse to cooperate in any investigation, or use anonymizing proxies (tools that attempt to prevent verification of your activity); or
• use the Services for any purposes that, in our sole discretion, constitute conduct capable of manipulating or artificially influencing the price of any DC, including, but not limited to, pump-and-dump schemes, wash trading, self-trading, front running, quote stuffing, and spoofing or layering, regardless of whether such conduct is prohibited by applicable and effective laws.

7.8 You are responsible for paying all taxes related to the income you generate on Coinmate.

7.9 In connection with the entry into force of Regulation (EU) 2023/1113 of the European Parliament and of the Council of May 31, 2023, effective as of December 30, 2024 (hereinafter referred to as the“Travel Rule”), the Company may, in cases required by applicable regulations, request additional information regarding the transactions you conduct. If the requested information is not provided, the Company reserves the right to suspend or not execute the transaction until all necessary data has been provided.

7.10 In accordance with international regulations on the automatic exchange of information (in particular the DAC8 Directive and the CARF standard), you agree to provide us, upon request, with accurate information regarding your tax residency and your Tax Identification Number (TIN), and to confirm this information in the form of a sworn statement. You further agree to inform us without undue delay, but no later than within 30 days, of any change in circumstances (e.g., change of residence) that affects the determination of your tax residency.

7.11 You expressly acknowledge that if you fail to provide us with the required tax information and affidavit pursuant to Section 7.10 even after repeated requests and the expiration of 60 days from the first request, we are legally obligated and fully entitled to suspend the Services for you. This includes, in particular, preventing any purchases, sales, or transfers of cryptoassets on the Platform. Coinmate bears no liability for any direct or indirect damages, reduction in portfolio value, or lost profits arising as a result of such a restriction of the Services.

8. DEPOSITS & WITHDRAWALS, FC PROTECTION

8.1. FC Deposits and Withdrawals 

8.1.1 You may deposit funds in FC with us. You may deposit using the methods listed on this page. These deposit methods may change from time to time.

8.1.2 Please ensure that every deposit you send to us via bank transfer or through our partners includes the appropriate reference number on the payment order so that we can identify the deposit in our system.

8.1.3 If you deposit funds via bank transfer, you will transfer your FC to our associated bank accounts, and we will credit the amount received, minus the deposit fee, to your trading account in the same currency.

8.1.4 If you deposit funds through our partners who are regulated payment service providers, you will transfer your FC to the associated bank accounts held by these partners, and we will credit the received amount, minus the deposit fee, to your trading account in the same currency. By sending a deposit instruction via the Platform, you consent to our partners handling and processing such deposit instructions and holding your deposited funds in segregated client accounts managed by them in accordance with applicable laws.

8.1.5 FC funds for trading on Coinmate are Euro, Czech koruna, and other currencies. Our deposit fees are listed on this page. FC funds entrusted to us are not considered a deposit under the law governing banking activities nor are they considered electronic money. These funds are considered a deposit to execute a purchase order for DC funds.

8.1.6 To pay for services provided involving FC or to fund your account held with Coinmate using FC, you must always use only your payment account held with a credit institution in the EU or a payment instrument issued by a credit institution in the EU in your name, and, if necessary, you must provide Coinmate with proof of ownership.

8.1.7 If funds are received by Coinmate from an account or via a payment instrument on which the account holder or payment instrument holder does not match the information recorded by Coinmate, such funds will be returned to the sender, and at Coinmate’s discretion, a special administrative fee may be applied for processing the returned payment. The refund process may take at least two business days, and the relevant transaction cannot be settled until it is completed.

8.1.8 If the client wishes to send funds from a joint account of which they are one of the owners, or via a joint payment instrument, Coinmate must be informed of this fact in advance. Coinmate reserves the right to verify the identification details of the other co-owner(s) of the account or the holders of the payment instrument before accepting any funds from that account or via that instrument, and may refuse to accept funds if the information obtained during the identification verification process is not deemed sufficient or satisfactory.

8.1.9 You may withdraw FC from your account at any time. Withdrawal times may vary depending on the method you choose. Bank transfers may take up to 1–5 business days, depending on your location and the currency of the transfer.

8.1.10 You will be required to pay any fees incurred by us in connection with the FC transfer. Information regarding withdrawal fees can be found in our fee schedule.

8.2 Procedures for Protecting Customer FC

8.2.1 Your FC and the Company’s FC are held in separate accounts. In addition to the Platform’s record-keeping system, the Company monitors client funds in accounts for which information is sent to it via API. The Company’s coverage is automatically checked on a regular basis, and if it does not match its obligations, a notification is sent to the responsible staff. 

8.2.2 The Company is authorized to use a client’s funds solely for that client’s trades and may not use them for trades on its own account or for another client’s trades.

8.2.3 The Company is authorized to deposit the Client’s funds only with:

a. a credit institution headquartered in a member state of the European Union; or

b. the Czech National Bank or another central bank of a Member State of the European Union.

8.2.4 The Company shall ensure that funds deposited with the entity listed above are held by that entity by the end of the business day following the day on which the Company received such funds. Compliance with this obligation is monitored by the relevant employee in accordance with internal regulations.

8.2.5 If the Company deposits a client’s FC with the entity mentioned above, it shall proceed with due diligence and professional care, taking into account the entity’s experience, the length of time it has been operating in the financial market, and its reputation, as well as the market and business practices governing the handling of client funds by such entity that could adversely affect the client’s rights and interests. The Company verifies compliance with these requirements when selecting another person, arranging services, and at least once a year during the provision of such services.

8.3. DC Deposits and Withdrawals 

8.3.1 The rules for DC deposits and withdrawals are set forth in detail in the Transfer Rules. These Transfer Rules provide detailed technical information on DC transfers in accordance with the requirements of the MiCA Regulation.

8.3.2 You may withdraw funds from your account at any time, unless we inform you otherwise prior to the conclusion of a partial trade regarding a specific DC being purchased (in particular, you may be informed of a temporary restriction on withdrawing the DC you are trading for less liquid currency pairs). However, such a temporary restriction on DC withdrawals does not in any way affect the client’s ability to trade the DC in question.

8.3.3 Withdrawal availability may change over time, as we are constantly working to expand the range of DCs available for withdrawal. You will always be notified of whether a specific DC can be withdrawn before a trade is executed. 

8.3.4 Some DCs may be available for withdrawal during a certain period, while later they may be temporarily or permanently restricted, and vice versa. You will be informed about supported DCs via our Platform.

8.3.5 Coinmate reserves the right to suspend withdrawals if sufficient information is not provided or if we have reasonable suspicion of illegal activity. If a transaction is rejected, you will be notified.

8.3.6 If you deposit funds into a DC, you warrant that you have obtained the DC through legal means, and you may be asked at any time to explain the source of these DC funds.

8.3.7 To use the Transfer Service, you must agree to the Transfer Rules, which are part of these Terms.

8.3.8 DC obtained through the Exchange Service (marked in the user interface with a notice regarding a specific transfer mode) are subject to specific conditions and deadlines for manual withdrawal, which are exclusively governed by Article 4.1 of the Custody Rules (Appendix No. 1). For this reason, the general provisions on withdrawals set forth in Sections 8.3.2 and 8.3.3, as well as the processing times and transfer execution times specified in the Transfer Rules (Appendix No. 2), do not apply to these DCs.

8.3.9 In connection with DC deposits and withdrawals, you may be subject to obligations arising from the Travel Rule, as described in Section 7.9 of these Terms.

9. LIABILITY

9.1 Coinmate shall not be liable to users for:

• failure to match an order and settle a trade on the Platform, or if we do not publish your order on the Platform;
• processing a request to withdraw from the contract if inaccurate information was provided to us;
• any failure to execute your orders due to circumstances that can reasonably be considered beyond our control or beyond the control of a third party providing services to the Company;
• malfunctions of communication equipment that cannot reasonably be considered within our control;
• any loss or delay in the transmission of instructions arising from the use of any internet service provider or caused by a browser or other software not under our control; or errors on the Platform or in the Services caused by incomplete or incorrect information provided to us by you or a third party.

9.2 Coinmate remains fully responsible for fulfilling its obligations under the MiCA Regulation, even when using third parties (sub-custodians). This liability is not excluded or limited due to the acts or omissions of third parties.

9.3 Coinmate will endeavor to process instructions promptly, but any instruction may be delayed or canceled at any time until we have provided consideration (i.e., delivery of the DC we are selling to you, or delivery of the FC in exchange for the DC we are purchasing from you), in particular, but not exclusively, for the following reasons:

a. our efforts to verify your identity, verify your payment instructions, contact you, or otherwise comply with applicable laws, or due to changes in business hours or currency availability. 

b. the inability to provide consideration due to insufficient liquidity, whether in our market or in a market operated by a third party, 

c. an outage or technical difficulties with the third-party service provider that acts as the liquidity and sub-custody provider for the Company,

d. unforeseen changes in circumstances consisting primarily of exchange rate fluctuations or other adverse market conditions in cryptocurrency markets that have caused or may cause trading to be suspended in the markets, thereby preventing the execution of the order, and which are, by their nature, unusual, unpredictable, independent of the obligated party’s will, and whose consequences the obligated party could not have averted. 

e. that the trade was concluded under clearly non-market conditions (“Erroneous Trade”). An Erroneous Trade occurs if the transaction price significantly and clearly deviates from the market price at the time of concluding the relevant transaction, in particular as a result of:

1. an error in the technical system of a contracting party or a third-party network operator; or
2. the provision of erroneous, inaccurate, outdated, or otherwise incorrect data regarding price-determining factors, market conditions, or price determination on a reference market or in a third-party trading system; or
3. a failure to provide data relevant to price determination; or
4. an error or other mistake in determining or entering a quote. 

f. failure to comply with the requirements of an order (payment) executed by the client in accordance with the instructions provided when arranging the relevant trade on the Platform (e.g., absence of a payment reference or other required identifier).

Under these circumstances, we are not liable for any direct or indirect losses you may incur, nor for any negligent conduct; however, in the event of an order cancellation, the client will be refunded the amount paid without undue delay.

9.4 Coinmate does not guarantee that our Platform or any content on it will always be available or uninterrupted. Access to our Platform is permitted on a temporary basis only. We may suspend, withdraw, discontinue, or change all or part of our Platform without prior notice. We shall not be liable to you if our Platform is unavailable for any reason at any time or for any period.

9.5 Coinmate assumes no liability for any fees or charges you may incur by using a specific payment method to fund your account. These may include, among other things, fees for unauthorized or authorized overdrafts imposed by banks in the event that there are insufficient funds in your bank account.

9.6 Any claim for damages made by you and/or the recipient (who is not registered with us) must be reported to us and supported by all available relevant documentation.

9.7 Nothing in this Liability section excludes or limits our liability for death or personal injury resulting from our negligence.

9.8 In the event that the Client’s funds are held by third parties providing sub-custody services and there is any freezing or temporary unavailability of such funds due to insolvency, regulatory measures, or other events beyond our control, Coinmate is responsible for the ultimate recoverability of such funds as a result of the selection of the relevant sub-custodian; however, Coinmate is not liable for any delay in accessing such funds. Coinmate will use all reasonable efforts to secure the release of these funds in accordance with the terms of the relevant sub-custodian service provider, and the client acknowledges that such a process may take 30 days or more depending on the terms of the relevant sub-custodian. The Company is not liable for delays caused by the specific withdrawal processing procedure for the Exchange Service in accordance with the Custody Rules.

10. ELECTRONIC COMMUNICATION

10.1 You acknowledge that these Terms are entered into electronically and that all communication regarding the Services is provided by electronic means.

10.2 The Services do not allow for the provision of communications in paper form or by means other than electronic means.

10.3 The costs incurred for remote communication are borne separately by all parties and are not included in the price of the Services.

10.4 To access and use the Services, you must have access to a web browser that supports 128-bit encryption, such as Mozilla Firefox version 30.0 or higher, an email account capable of communicating with Coinmate’s email servers, and a personal computer, operating system, and telecommunications connection to the internet capable of supporting our Services.

10.5 The Company maintains records of all services, activities, instructions, and transactions related to crypto-assets that it provides to you. The Company retains these records for a period of five years, or up to seven years if requested by the Czech National Bank or the relevant authority prior to the expiration of the aforementioned five-year period. The Company will provide you with these records upon request without undue delay.

11. ACCOUNT VERIFICATION

11.1 We may suspend your account for any reason. In such a case, we may ask you to provide additional documentation. During this verification process, we are not obligated to release your funds.

12. INTELLECTUAL PROPERTY

12.1 The Coinmate Platform and Services, their content, and all intellectual property related to and contained therein (including, but not limited to, copyrights, patents, database rights, trademarks, and service marks) are owned by or licensed to Coinmate. All rights, title, and interest in the Platform and Services remain with Coinmate and/or such third parties.

12.2 The Platform and Services may only be used for the purposes permitted by these Terms. Without Coinmate’s express written consent, you may not copy, publish, modify, create derivative works from, participate in the transfer or sale of, post on the internet, or in any way distribute or use the Platform or Services.

12.3 If you provide us with any suggestions for improvements, feature requests, or any other feedback regarding the Services or the software, you grant us and our affiliates a royalty-free, non-exclusive, worldwide, irrevocable license for the duration of the economic rights of the author (for an indefinite period), without any quantitative restrictions, to use such feedback in any known manner, including its reproduction, modification, distribution (through multiple tiers of distributors or other partners), making it available to the public, licensing, or granting sublicenses (through multiple tiers of sublicenses). We and our affiliates may transfer such license to any third party. Neither we nor our affiliates are obligated to exercise the license. You are not entitled to any license fees or other compensation in connection with such license.

13. DATA

13.1 Coinmate processes your personal data in accordance with applicable laws.

13.2 Czech law requires all obligated entities to assist in the fight against money laundering and terrorist financing by obtaining, verifying, and recording identification data on all clients. As an obligated entity under Act No. 253/2008 Coll., we may therefore require you to provide us with personal identification data, and we may also, by law, consult other sources to obtain information about you.

13.3 By agreeing to these terms, you authorize us to conduct any investigations we deem necessary to verify the information you have provided to us. We may do so directly, for example, by asking you for additional information, asking you to take steps to confirm ownership of your trading orders or email address; or by verifying your details in third-party databases; or through other sources. All information you provide will be handled securely and strictly in accordance with the Czech Personal Data Protection Act.

14. SUPPORT INTERFACE

14.1 Sensitive data should only be transmitted via the secure support interface available in your logged-in user account (Support Interface). We recommend that you submit all sensitive data or other communications to us via the Support Interface. We are not responsible for sensitive data sent via email or other communication channels

14.2 All changes to account settings, inquiries regarding trading, deposits, withdrawals, or account verification should be made exclusively through the Support Interface. We will not provide you with sensitive information and will not respond to requests submitted through other communication channels.

14.3 If you are unable to log in or recover lost login credentials, we may provide you with a password reset email.

15. ACCEPTABLE USE

15.1 Whenever you use a feature that allows you to upload content to our Platform or make contact with other users of our Platform, you must comply with the content standards set out in our Acceptable Use Policy.

15.2 You warrant that any such contribution complies with these standards, and you are liable to us and shall indemnify us for any breach of this warranty. If you are a consumer user, this means that you will be liable for any loss or damage we incur as a result of a breach of warranty on your part.

15.3 All content you upload to our Platform will be considered non-confidential and non-proprietary. You retain all ownership rights to your content, but you hereby grant us and other Platform users a limited license to use, store, and copy such content, and to distribute and make it available to third parties.

15.4 We also have the right to disclose your identity to any third party who claims that any content you have posted or uploaded to our Platform infringes their intellectual property rights or their right to privacy.

15.5 We are not responsible for the content or accuracy of any content posted by you or any other user on our Platform, nor are we liable to any third party in connection therewith.

15.6 We reserve the right to remove any of your posts on our Platform if, in our opinion, they do not meet the content standards set forth in our Acceptable Use Policy.

15.7 The views of other users on our Platform do not represent our views or values.

16. USERNAMES AND AVATARS

16.1 Upon registration, you will be assigned a default username (for example, Coinmate_0001). In your account settings, you can change it to a username of your choice (offensive words, whether explicit or implicit, will be suspended). Your username must be unique.

16.2 In your account settings, you can also upload an avatar (small image) as your identifier (optional). Inappropriate avatars will be suspended.

16.3 Nicknames and avatars may be used to identify users in chat and in certain other areas of the website.

17. VIRUSES

17.1 We do not guarantee that our Platform will be secure or free of errors or viruses.

17.2 You are responsible for configuring your information tools, computer programs, and platform to access our Platform. You should use your own antivirus software.

17.3 You must not misuse our Platform by knowingly introducing viruses, Trojan horses, worms, logic bombs, or other harmful or technologically harmful material. You must not attempt to gain unauthorized access to our Platform, the server on which our Platform is stored, or any server, computer, or database connected to our Platform. You must not attack our Platform via a denial-of-service attack or a distributed denial-of-service attack. A violation of this provision would constitute a criminal offense under the Czech Criminal Code. We will report any such violation to the relevant law enforcement authorities and will cooperate with them by disclosing your identity. In the event of such a violation, your right to use our Platform will immediately terminate.

18. LINKS

18.1 If you wish to use the content of our Platform in a manner other than as set forth in Section 19, please contact us via our support form.

18.2 If our Platform contains links to other websites and resources provided by third parties, these links are provided for your information only.

18.3 We have no control over the content of these websites or resources.

19. SECURITY

19.1 You are responsible for your account login credentials and must keep them secure. If you believe your account has been compromised, you must notify us immediately.

19.2 If you have lost your credentials, contact us immediately. We may require additional documentation to verify that you are the account holder.

19.3 We take security seriously and work hard to keep your information safe. If you are aware of anyone or any entity using the services in an inappropriate manner, please contact us via our contact form. Similarly, if you receive any emails purporting to be from Coinmate that you suspect may be „phishing“ (fake) emails, please forward them to us using our contact form.

19.4 By default, all withdrawals and account settings must be authorized by a code sent to the user’s registered email address. However, this may not be sufficiently secure if, for example, the user has open access to both their Coinmate account and their email account on the same device, which may be infected. Or if, for example, the user’s password is compromised and the user uses the same password for both accounts.

19.5 The platform supports various two-factor authentication methods, with the use of an authentication app or hardware key considered strong security, while verification via codes sent by email or SMS is considered a basic option with a lower level of security. You expressly acknowledge that if you choose the basic authentication option instead of the available strong security option, you do so at your own risk. The Company is not liable for damages resulting from the compromise of your email, a SIM swap attack, or the interception of an SMS message by a third party.

19.6 You are obligated to protect your login credentials from misuse. The following, in particular, shall be considered gross negligence on your part, which precludes any claim for damages against the Company:

• disclosing your password, 2FA code, or authorization confirmation at the request of a third party, even if that person is posing as technical support, a bank employee, or a public authority;
• allowing a third party remote access to your device (e.g., via remote desktop software) while working with the Account;
• leaving a logged-in device unattended in a public place.

19.7 The Company is liable only for unauthorized transactions caused by system failures on the Company’s part or a cyberattack on the Platform’s infrastructure. The Company shall not be liable for transactions that were technically correctly authorized by your chosen two-factor authentication method if their misuse occurred as a result of your actions, omissions, or choice of a less secure authentication method pursuant to Section 19.5 of these Terms.

20. API

20.1 The Application Programming Interface (API) is used for remote access to user account functions and trading data. Two levels are available: 

• API for remote trading only and API enabling remote withdrawals from the account. Enabling or changing API settings must be confirmed via multi-factor authentication (2FA). 
• Enabling the API for withdrawals is subject to the use of the so-called Whitelisting feature (allowing withdrawals only to pre-approved and verified addresses).

20.2 Coinmate provides, via the API, exclusively the technological infrastructure for transmitting and executing orders. Coinmate does not provide investment advice, automated trading strategies, or portfolio management within the meaning of the MiCA regulation.

20.3 If you decide to connect your account via the API to third-party applications, trading bots, or software (hereinafter “Third-Party Tools”), you do so solely at your own risk. The fact that the Platform technically enables integration with a Third-Party Tool does not in any way imply that the Company endorses, audits, or supervises such a tool. Such Third-Party Tools are generally not regulated under MiCA. The Company assumes no liability for financial losses, lost profits, or technical errors caused by the trading logic, algorithms, or security vulnerabilities of Third-Party Tools.

20.4. You are fully responsible for the secure storage of your API access credentials. If you disclose this information to a third party, you bear full responsibility for all actions taken using these keys. In accordance with Digital Operational Resilience Act (DORA) requirements, the Company reserves the right at any time and without prior notice to restrict, suspend, block (e.g., IP ban) or permanently revoke any API key if it determines that activity via the API (e.g., exceeding rate limits, suspected DDoS attack, or non-standard business behavior) threatens the security of client funds or the stability of the Platform.

21. COMPLAINTS

21.1 If you wish to file a complaint regarding any aspect of the Services, please submit it in writing via the support form or via the standardized complaint form available here, or by letter to the Company’s registered office at: Pernerova 697/35, Karlín, 186 00 Prague 8, clearly marked “Complaint”.

21.2 The handling of complaints is governed by the Complaints Policy, which can be found here.

22. TERMINATION OF THE CONTRACTUAL RELATIONSHIP

22.1 If you have any issues with using the Services, please first contact us via the communication channels listed at the end of these Terms, and we will attempt to resolve any issues.

22.2 Either party may terminate these Terms with one day’s notice.

22.3 Coinmate may terminate these Terms with immediate effect if:

• you become or are likely to become insolvent, or a bankruptcy proceeding is filed against you;
• you breach any provision of these Terms;
• your use of the Services or the Platform disrupts other customers, or you do anything that, in our opinion, could bring us into conflict with good morals; or
• you breach or attempt to breach the security of the Platform (including, but not limited to: altering or attempting to alter any information, unauthorized login, unauthorized access to or deletion of data, interfering with the Services, system, hosting, or network through reverse engineering of any kind, sending spam, hacking, data forgery, introducing viruses, Trojan horses, or other malicious programs, or any other security testing).
• You violate the Platform’s Trading Rules.

23. RIGHT TO WITHDRAW FROM THE CONTRACT

23.1 You acknowledge that the Consumer Protection Act of the Czech Republic stipulates that a consumer has the right to withdraw from a contract concluded with a business operator without giving any reason within fourteen days, starting from the day following the day on which the contract was accepted, provided that the consumer’s contractual declaration was not made in premises used by the business operator for business purposes.

23.2 You also acknowledge that a consumer has the right to withdraw from any contract concluded with a merchant at a distance or outside of business premises (= online) without giving any reason within fourteen days, starting from the day following the conclusion of the contract.

23.3 Given the nature of our Services and the cryptoasset market, you acknowledge and agree that you do not have the right to withdraw from individual contracts (individual trades and transfers) within the 14-day period for the following reasons:

a) dependence on financial markets, as the DC price depends on fluctuations in financial markets and cryptoasset markets that are beyond our control and may occur during the withdrawal period;

b) immediate performance of the Service; you expressly agree and request that we execute your instructions (e.g., Exchange, Purchase, Sale, Transfer) immediately. You acknowledge that by our full performance of the Service prior to the expiration of the withdrawal period, you lose the right to withdraw from the contract.

23.4 You may withdraw from any other Services—contracts not previously mentioned—without giving a reason within fourteen days of accepting these terms. To exercise your right to withdraw from these other agreed-upon services, you must notify us via a clear statement in writing using the support form. You may also use the withdrawal form. It is sufficient to send the notice of exercising the right to withdraw before the withdrawal period expires. In the event of withdrawal from these other agreed-upon services, both parties must reimburse each other for the agreed-upon costs (including interest) and terminate the mutual provision of and access to these Services.

24. GENERAL

24.1 This agreement is complete. These Terms and all documents referred to in these Terms constitute the entire agreement between you and us. You confirm that you have not relied on any statement, promise, or representation made or given by us or on our behalf that is not set out in these Terms.

24.2 We may transfer our rights and obligations under these Terms to another organization; however, this will not affect your rights or our obligations under these Terms, nor will it relieve us of any obligation or liability to you under these Terms, unless you expressly agree otherwise in writing. You may assign your rights or obligations under these Terms to another person only with our written consent, which we will not unreasonably withhold.

24.3 No one other than a party to this agreement, its successors, and authorized representatives has the right to enforce any of its Terms.

24.4 Each provision of these Terms operates independently. If a court or other competent authority determines that any provision is unlawful or unenforceable, the remaining provisions shall remain in full force and effect.

24.5 No waiver of any provision of these Terms or of any rights or obligations of any party under these Terms shall be effective unless it is in writing and signed by the party waiving compliance, and such waiver shall be effective only in the specific instance and for the specific purpose set forth in such written statement. No waiver of a breach or non-performance of any provision of these Terms shall be deemed a waiver of any other provision or of any subsequent breach or non-performance of the same provision of these Terms.

24.6 We shall not be liable for any failure or delay in the performance of any of our obligations under these Terms caused by an event beyond our control. An event beyond our control means any act or event beyond our reasonable control, including, without limitation, failure to deliver or defective delivery of third-party services necessary for the provision of the Services (including, without limitation, the services of our partners, resellers, and suppliers), strikes, lockouts, or other third-party industrial action, civil unrest, riots, invasion, terrorist attack or threat of a terrorist attack, war (declared or undeclared) or threat of war or preparation for war, fire, explosion, storm, flood, earthquake, landslide, epidemic, or other natural disaster, or failure of public or private telecommunications networks. If an event beyond our control occurs that affects our ability to fulfill our obligations under these terms:

• we will contact you as soon as possible to inform you; and
• our obligations under these Terms will be suspended, and the period for fulfilling our obligations will be extended by the duration of the event beyond our control. If an event beyond our control affects our provision of the Services, we will duly inform you of when we expect the event beyond our control to end.

24.7 These Terms are governed by Czech law. This means that these Terms and any disputes or claims arising out of or in connection with them, or their subject matter or formation (including non-contractual disputes or claims), are governed by Czech law. You agree to the exclusive jurisdiction of the courts of the Czech Republic.

24.8 All complaints and disputes between you and us may be resolved out of court. As a consumer, you may contact an alternative dispute resolution body, such as the Financial Arbitrator, or resolve the dispute online through a designated ADR platform. You can find more information about alternative dispute resolution here and here. We recommend that you contact us first and resolve the situation using the support form.

25. CONTACT US

25.1 Please send inquiries, notifications, and requests for refunds or additional information to Coinmate at the following address: support form.

26. COMPETENT AUTHORITY

26.1 Coinmate is subject to supervision by the Czech National Bank (CNB);
Na Příkopě 28, Prague 1, https://www.cnb.cz. The CNB supervises compliance with prudential rules in the financial market.

Complaints: https://www.cnb.cz/cs/verejnost/kontakty/stiznosti-na-financni-instituce/

26.2 The Financial Arbitrator is competent to resolve individual disputes;
Legerova 1581/69, Prague 1, https://www.finarbitr.cz, whose decisions may be reviewed by the competent court.

26.3 The Czech Trade Inspection Authority oversees compliance with the Consumer Protection Act; Štěpánská 15, Prague 2, https://www.coi.cz & https://adr.coi.cz/cs.

27. RELATED DOCUMENTS

27.1 The following Appendices are also part of these Terms. Please read them carefully:

• Appendix 1 –  Custody Rules
• Appendix 2 – Transfer Rules
• Appendix 3 – Platform Trading Rules
• Appendix 4 – Exchange of Cryptoassets for Funds or Other Cryptoassets

27.2 If there is a conflict between the Annexes listed in Section 27.1 and the Terms themselves, the rules set forth in the Annexes shall apply.