These Terms and Conditions ('Terms') govern the use of services provided by Crescendo Capital s.r.o., a registered and licensed Virtual Asset Service Provider (VASP) in the Czech Republic under registration number 19388403 ('Crescendo Capital,' 'we,' or 'us'). These Terms are applicable to clients based in the European Union (EU), European Economic Area (EEA), Switzerland, Australia, and other selected international markets, who wish to exchange their crypto or fiat assets and vice versa. By using our services, you agree to be bound by these Terms. Please read them carefully.
1. GENERAL CONDITIONS
1.1. By using the services provided by Crescendo Capital, you acknowledge and agree to comply with these Terms, as well as any additional terms and conditions and policies referenced herein.
1.2. These Terms constitute a legally binding agreement between Crescendo Capital and the client, and they govern the use of all services provided by Crescendo Capital.
1.3. These Terms may be updated or amended from time to time. The most recent version of the Terms will be published on our website, and it is your responsibility to review them periodically.
1.4. If you do not agree with any provision of these Terms, you should not use our services.
2. SCOPE OF SERVIC
2.1. Crescendo Capital offers services for the exchange of virtual assets (cryptocurrencies) and fiat currencies among private and corporate clients located in the European Economic Area (EEA), the European Union (EU) and Switzerland, utilizing the SEPA payment system for transactions within these regions. For our clients outside these areas, including international markets, we facilitate transfers via the SWIFT network, ensuring global reach and secure transactions.
2.2. The available currency pairs for exchange include:
- EUR/USDT, GBP/USDT, AUD/USDT
- EUR/USDC, GBP/USDC, AUD/USDC
- EUR/BTC, EUR/ETH, GBP/BTC, GBP/ETH, AUD/BTC, AUD/ETH
2.3. Crescendo Capital facilitates the exchange process by providing a secure web platform, meticulously designed to protect clients' personal information and data, and exclusively tailored for the submission and completion of exchange orders. This platform is not intended for wallet or staking services; instead, it serves as a tool for verifying users in accordance with AML/KYC regulations, allowing clients to open orders, monitor their progress, and follow through to order completion, ensuring a secure and compliant transaction environment.
3. PROVISION OF SERVICES
3.1. Crescendo Capital is committed to providing services in strict adherence to applicable laws and regulations, including the Anti-Money Laundering (AML) laws of the Czech Republic, as well as relevant international regulations and European Union directives pertaining to the dealing with virtual assets.
3.2. To use our services, you must create an account on our platform, provide accurate and complete information, and undergo the necessary verification procedures as required by law.
3.3. We reserve the right to refuse service or suspend accounts that do not comply with our verification procedures or if there are reasonable grounds to suspect fraudulent activity or violation of applicable laws and regulations.
4. TRANSACTION OPERATIONS
4.1. When placing an exchange order, you agree to provide accurate and complete information regarding the transaction, including the amount and type of assets to be exchanged.
4.2. Exchange rates for virtual assets and fiat currencies on Crescendo Capital's platform are approximations, subject to variation until the time when funds are deposited into the account or wallet of Crescendo. The current rate, calculated and set at the moment of fund receipt, may differ from the initial estimate provided on the website. Please note that Crescendo Capital does not offer rate lock services for virtual asset transactions. Clients will be informed of the final exchange rate and the total amount of assets to be received at the time of transaction confirmation, ensuring transparency and alignment with market dynamics.
4.3. You acknowledge that market fluctuations may affect the value of the exchanged assets, and Crescendo Capital is not responsible for any losses incurred as a result of such fluctuations. By engaging in transactions, you accept that trading in virtual assets and fiat currencies involves significant risk due to high volatility and market dynamics. Crescendo Capital advises clients to exercise caution and conduct thorough research before initiating any exchange, as the responsibility for decision-making under these market conditions rests solely with the client.
4.4. Once a transaction is confirmed, it is irreversible. As such, Crescendo Capital emphasizes the critical importance of verifying all transaction details prior to confirmation. You, the client, are responsible for ensuring the accuracy of transaction details, including but not limited to the recipient's information, the amount to be transferred, and the specifics of the assets involved. We urge you to review all aspects of your transaction thoroughly, as Crescendo Capital cannot alter or reverse a transaction once it has been executed.
5. REFUND, CANCELLATION, AND CHARGEBACK
5.1. Refunds and cancellations are subject to the specific terms and conditions outlined for each transaction and may vary depending on the circumstances. As Crescendo Capital operates solely as a Virtual Asset Service Provider (VASP) facilitating the exchange of fiat to crypto and vice versa, it is important to note that we do not offer refunds. Cancellation of a transaction may be possible only under the condition that it has not yet been executed or transferred to the recipient's wallet or account. Clients are encouraged to review and confirm all transaction details thoroughly before submission, as the ability to cancel or alter a transaction is extremely limited.
5.2. Chargebacks are not permitted. If you initiate a chargeback, your account may be suspended or terminated, and legal action may be taken to recover any losses or damages incurred by Crescendo Capital.
6. TERMINATION
6.1. Either party may terminate the provision of services at any time by providing written notice to the other party.
6.2. Crescendo Capital reserves the right to suspend or terminate your account and access to our services immediately and without prior notice if we have reasonable grounds to suspect fraudulent activity, violation of applicable laws, or breach of these Terms.
7. WARRANTIES & ACKNOWLEDGMENT
7.1. You acknowledge and agree that Crescendo Capital does not provide any warranty or guarantee regarding the availability, accuracy, completeness, or security of our services.
7.2. You understand that the use of our services involves certain risks, including but not limited to the volatility of virtual assets and potential loss of funds. You are solely responsible for assessing and managing these risks.
8. RISK WARNING
8.1. You acknowledge and understand the risks associated with the exchange of virtual assets and fiat currencies. These risks include but are not limited to price volatility, regulatory changes, technological risks, and security vulnerabilities.
8.2. Crescendo Capital encourages you to seek independent financial and legal advice before engaging in any transactions involving virtual assets.
9. INTELLECTUAL PROPERTY
9.1. All intellectual property rights related to Crescendo Capital's website, applications, and other products, including but not limited to trademarks, logos, and content, are the property of Crescendo Capital or its licensors.
9.2. You may not reproduce, distribute, modify, or use any intellectual property belonging to Crescendo Capital without prior written consent.
10. PROHIBITED USE
10.1. You agree not to use Crescendo Capital's services for any illegal, fraudulent, or unauthorized activities. Additionally, you acknowledge that the use of our services is subject to, and may be restricted by, international sanctions and regulations. Crescendo Capital reserves the right to suspend or terminate services to any client if such action is deemed necessary to comply with legal obligations, international sanctions, or regulatory requirements.
10.2. Prohibited activities include, but are not limited to, money laundering, terrorist financing, unauthorized access to systems, and any actions that violate applicable laws and regulations. Crescendo Capital is committed to upholding the highest standards of legal and regulatory compliance and reserves the right to take appropriate measures, including reporting to relevant authorities and suspending or terminating services, in response to any activities that contravene these standards or pose a risk to our platform, other clients, or the broader financial system.
11. USER INFORMATION
11.1. Any information collected by Crescendo Capital is subject to our Privacy Policy. By using our website, services, and products, you consent to the collection, use, and processing of your information in compliance with our Privacy Policy.
12. ACCURACY OF WEB CONTENT
12.1. The content on our website, applications, and products may be periodically updated, but we do not guarantee that it is always up to date or complete. While we strive to provide accurate and current information, the dynamic nature of the virtual asset market and regulatory environment may lead to delays or omissions in updates. We are not obligated to update the material on our platforms, and users are advised to verify the currentness and completeness of the information before relying on it for decision-making purposes.
13. CONFIDENTIAL INFORMATION
13.1. When using our website, services, or products, data transmission may occur over an open network, and communications may be intercepted by third parties. We do not guarantee the confidentiality or security of any communication or data transmitted to us through our website.
14. LINKS TO OTHER WEBSITES
14.1. Our website, applications, and products may contain links to third-party sites and resources. These links are provided for your convenience only. We have no control over the contents of these sites or resources and accept no responsibility for any loss or damage arising from your use of them.
15. THIRD-PARTY SERVICES
15.1. Crescendo Capital may use third-party vendors and partners in the provision and development of our services and products. Additional terms and conditions may apply to these third-party services, and you are bound by those terms when using such services.
16. DISCLAIMERS OF WARRANTIES
16.1. Crescendo Capital does not provide any warranties, express or implied, regarding the completeness, security, reliability, quality, accuracy, or availability of our products and services.
16.2. We cannot guarantee that our website, applications, and products will be free from malware, viruses, or harmful code. Your IT security is your responsibility.
16.3. We do not guarantee that the content or services provided will be accurate, reliable, error-free, uninterrupted, or available indefinitely.
16.4. Crescendo Capital disclaims all warranties to the fullest extent permitted by law.
17. LIMITATION OF LIABILITY
17.1. Crescendo Capital, its affiliates, service providers, employees, licensors, officers, and directors shall not be liable for any damages arising from the use or inability to use our services or associated sites or products. This includes but is not limited to loss of revenue, personal injury, emotional distress, loss of goodwill, reputational damage, loss of profits, breach of contract, and loss of anticipated earnings.
17.2. Crescendo Capital shall not be liable for any loss or damage arising from the unauthorized use of your account by you or any third party, including unauthorized access and cyber-attacks.
18. INDEMNIFICATION
18.1. You agree to defend, indemnify, and hold harmless Crescendo Capital, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, suppliers, successors, and assigns from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of our website, services, or products.
19. COMPLAINTS AND DISPUTE RESOLUTION
19.1. For questions, feedback, or complaints, please contact us by email at [email protected]
19.2. Complaints should outline the cause of the complaint, desired outcome, and any relevant information. Crescendo Capital will consider your complaint without prejudice and handle it in a reasonable timeframe. You agree to use the complaints process before pursuing alternative solutions.
20. MISCELLANEOUS
20.1. These Terms and Conditions are binding for both Crescendo Capital and the client. The client may not assign any rights or obligations outlined in these Terms and Conditions to a third party without written authorisation from Crescendo Capital.
20.2. Crescendo Capital may transfer and/or assign rights and obligations outlined in these Terms and Conditions at its sole discretion.
20.3. If any provision in these Terms and Conditions is deemed illegal, invalid, or unenforceable, it shall be enforced to the maximum extent legally possible without affecting the validity or enforceability of other provisions.
20.4. In case of discrepancies between translations, the English version of the Terms and Conditions shall prevail.
20.5. Section titles in these Terms and Conditions are for convenience only and do not have legal or contractual significance.
21. GEOGRAPHIC RESTRICTIONS
21.1. Crescendo Capital operates in the Czech Republic and provides services to clients based in the EU, EEA, Switzerland, Australia, and other international countries where the provision of international virtual assets exchange services is permitted by local laws and regulations. Access to our website, applications, and products may be restricted or prohibited in certain regions or jurisdictions. It is your responsibility to ensure compliance with local laws and regulations when accessing and using our services, especially in areas where specific rules or restrictions may apply to virtual asset transactions.
22. JURISDICTION
22.1. Any legal claim or dispute arising from the use of our website, services, or products and these Terms and Conditions shall be governed by the internal laws of the Czech Republic without giving effect to any choice or conflict of law provision or rule.
22.2. Any lawsuit or legal action will be instituted exclusively in the courts of the Czech Republic. Crescendo Capital reserves the right to bring suits or actions against you in your country of residence or any other relevant country.
22.3. By agreeing to these Terms and Conditions, you waive any objections to the jurisdiction and venue of such courts.
These Terms and Conditions are effective as of the date of publication and are subject to change without prior notice. Please review these Terms and Conditions regularly for any updates or changes.