Terms and Conditions

1. Introduction

Welcome to CLAPP, a digital asset platform that provides custody, exchange, and other services for cryptocurrencies and other virtual assets. These Terms & Conditions (“Terms”) govern your access to and use of our services, website, mobile apps and platform. You agree to comply with and be bound by these Terms by using CLAPP.

1.1 Acceptance of Terms

By registering for an account, accessing, or using our Services, you confirm that you have read, understood, and agreed to these Terms and any related policies, including our Privacy Policy. If you do not agree with any part of these Terms, you must immediately stop using our Services.

1.2 Updates and modifications

We reserve the right to modify or update these Terms at any time. Any changes will be posted on our platform with the updated “Last Revised” date. Your continued use of the Services after such modifications constitutes acceptance of the updated Terms. If you do not agree to the changes, you must discontinue use of the Services.

1.3 Legal capacity

By using CLAPP, you confirm that you:

  1. Are at least 18 years old (or the legal age of majority in your jurisdiction);
  2. Have the legal capacity to enter into a binding agreement and
  3. Are not subject to any legal restrictions prohibiting you from using our Services.

1.4 Regulatory compliance

CLAPP operates in compliance with applicable laws and regulations. However, availability of our Services may be restricted in certain jurisdictions due to regulatory requirements. It is your responsibility to ensure that your use of CLAPP is permitted under the laws of your country.

2. Definitions

In these Terms, the following definitions apply:

  1. “CLAPP” – Refers to the crypto asset platform operated by AlphaEX s.r.o. with a registered address at Primátorská 296/38, Libeň, 180 00 Prague, the Czech Republic, registration number: 17805791, offering custody, exchange, and other services for cryptocurrencies and other virtual assets.
  2. “User” / “You” – Any individual or entity that registers for or uses the Services provided by CLAPP.
  3. “Services” – The custody (wallet), exchange, and other services CLAPP offers, including the platform, web and mobile apps, and related features.
  4. “Digital Assets” – Cryptocurrencies, tokens, or any other virtual assets supported by CLAPP.
  5. “Account” – A user profile registered on CLAPP to access the Services.
  6. “Wallet” – A custodial service provided by CLAPP that enables users to store, deposit, and withdraw digital assets.
  7. “Exchange” – The feature allowing users to trade digital assets through CLAPP’s platform.
  8. “KYC” – The identity verification process required to comply with anti-money laundering regulations.
  9. “Prohibited Jurisdictions” – Countries or regions where access to CLAPP’s Services is restricted for legal or regulatory reasons.
  10. “Force Majeure” – Unforeseeable circumstances beyond CLAPP’s control that prevent the fulfillment of obligations (e.g., natural disasters, cyberattacks, regulatory changes).

3. Eligibility and user account

3.1 Registration requirements

To access the Services, you must create an Account by providing accurate, complete, and up-to-date information. You agree to update your information promptly if any changes occur. Failure to provide accurate information may result in account suspension or termination.

3.2 Account security

You are solely responsible for maintaining the confidentiality of your login credentials, including your password and any two-factor authentication (2FA) settings. You must not share your credentials with anyone. CLAPP will never request your password.

If you suspect unauthorized access to your Account, you must notify us immediately. You are responsible for any activity that occurs under your Account, whether you authorize it or not. CLAPP is not liable for any loss or damage resulting from unauthorized access due to your failure to secure your Account.

3.3 Identity verification

To comply with anti-money laundering and counter-terrorism financing regulations, CLAPP may require users to complete a Know Your Customer verification process. You agree to provide requested documents and information, which may include:

  1. A government-issued identification document,
  2. Proof of residence, and
  3. Any additional verification documents required by CLAPP.

CLAPP reserves the right to refuse, suspend, or terminate an Account if the verification process is incomplete or if fraudulent or false information is suspected.

3.4 Restricted jurisdictions

You may not access or use CLAPP’s Services if you are in a jurisdiction where such activities are prohibited by law or are subject to sanctions that restrict financial transactions. CLAPP reserves the right to block access and terminate accounts from restricted jurisdictions at its sole discretion.

4. Services provided

CLAPP offers the following core Services:

4.1 Custodial wallet service

  1. CLAPP provides a custodial wallet service, allowing users to store, deposit, and withdraw supported digital assets.
  2. Digital assets held in the wallet remain under the control of CLAPP, and users authorize CLAPP to manage custody and execute transactions on their behalf.
  3. Withdrawals may be subject to security checks, processing times, and transaction limits to ensure the safety of funds.
  4. CLAPP implements industry-standard security measures to protect stored assets, but users acknowledge that digital asset custody involves inherent risks, including cybersecurity threats and regulatory changes.

4.2 Digital asset exchange

  1. CLAPP provides a digital asset exchange service, enabling users to trade supported cryptocurrencies.
  2. Exchange transactions are executed based on market availability and CLAPP’s internal liquidity sources.
  3. CLAPP does not guarantee any specific execution price due to market volatility and liquidity fluctuations.
  4. Users are responsible for verifying transaction details before confirming trades, as executed trades are final and irreversible.

4.3 Service limitations

CLAPP reserves the right to:

  1. Add or remove supported digital assets at its sole discretion,
  2. Impose transaction limits, withdrawal restrictions, or temporary holds for security or regulatory reasons,
  3. Suspend or terminate Services for maintenance, security updates, or compliance with legal obligations.

Users acknowledge that CLAPP is not responsible for losses resulting from service interruptions, market fluctuations, or the delisting of digital assets.

5. User obligations and prohibited activities

5.1 Compliance with laws

By using CLAPP’s Services, you agree to comply with all applicable laws, regulations, and industry standards, including but not limited to:

  1. Anti-money laundering and counter-terrorism financing laws,
  2. Tax obligations related to digital asset transactions,
  3. Regulations governing cryptocurrency operations in your jurisdiction.

You are solely responsible for determining whether your use of CLAPP’s Services is legal in your jurisdiction and for fulfilling any tax or reporting obligations arising from your transactions.

5.2 Prohibited activities

You may not engage in any of the following activities when using CLAPP’s Services:

  1. Using CLAPP for any fraudulent, illicit, or unlawful purposes, including money laundering, terrorist financing, or sanctions evasion.
  2. Accessing the platform from a restricted or sanctioned jurisdiction.
  3. Attempting to interfere with CLAPP’s systems, security protocols, or operational integrity.
  4. Using automated systems (bots, scrapers, etc.) to interact with the platform without CLAPP’s prior consent.
  5. Engaging in wash trading, front running, spoofing, or other forms of price manipulation.
  6. Using CLAPP to coordinate market manipulation schemes or insider trading.
  7. Creating multiple accounts for fraudulent purposes, including bypassing KYC/AML restrictions.
  8. Allowing third parties to use your Account or acting as an intermediary for unauthorized transactions.

5.3 Enforcement and consequences

CLAPP reserves the right to:

  1. Suspend, restrict, or terminate any Account involved in prohibited activities,
  2. Report suspicious activities to regulatory authorities and cooperate with law enforcement,
  3. Freeze or confiscate digital assets if required by law or regulatory order.

6. Risk disclosure

By using CLAPP’s Services, you acknowledge and accept the inherent risks associated with digital asset transactions. You agree that CLAPP is not responsible for any losses resulting from these risks.

6.1 Market volatility risks

  1. The value of digital assets is highly volatile and may fluctuate significantly within short periods.
  2. Past performance of a digital asset does not guarantee future results.
  3. Market conditions, regulatory changes, and external factors may affect asset prices and liquidity.

6.2 No guarantee of value or liquidity

  1. CLAPP does not guarantee that any digital asset will maintain its value or that there will be sufficient liquidity for trading.
  2. The ability to buy, sell, or withdraw digital assets may be impacted by market conditions or platform availability.

6.3 Security risks

  1. Digital assets are subject to cybersecurity threats, including hacking, phishing attacks, and unauthorized access.
  2. CLAPP implements security measures to protect user assets, but no system is completely immune to cyber threats.
  3. Users are responsible for securing their Account credentials and enabling additional security features, such as two-factor authentication (2FA).

6.4 Regulatory and legal risks

  1. The regulatory landscape for digital assets is evolving, and new laws or government actions may impact CLAPP’s Services.
  2. Regulatory changes may affect the legality of certain transactions, access to the platform, or the availability of specific assets.

6.5 Operational risks

  1. CLAPP’s Services may experience interruptions due to maintenance, system failures, or external factors beyond our control.
  2. Withdrawals or transactions may be delayed due to high network congestion or security verification procedures.

BY USING CLAPP, YOU ACKNOWLEDGE AND ACCEPT THESE RISKS AND AGREE THAT CLAPP IS NOT LIABLE FOR ANY FINANCIAL LOSSES ARISING FROM MARKET FLUCTUATIONS, SECURITY BREACHES, REGULATORY ACTIONS, OR OPERATIONAL DISRUPTIONS.

7. Fees and charges

7.1 Fee structure

  1. CLAPP charges fees for certain Services, including custody (wallet) and exchange transactions.
  2. The applicable fees are displayed on the platform and may vary based on transaction type, asset, and market conditions.
  3. Fees may be deducted automatically from your Account balance at the time of the transaction.

7.2 Changes to fees

  1. CLAPP reserves the right to modify its fee structure at any time.
  2. Any changes to fees will be communicated via the platform or other official channels before taking effect.
  3. Continued use of the Services after fee adjustments constitutes acceptance of the new fee structure.

7.3 Third-party costs

  1. You are responsible for any third-party fees associated with your transactions, including blockchain network fees (gas fees) and banking fees for external transfers.
  2. CLAPP does not control or receive any portion of network fees, which are determined by the underlying blockchain protocols.

7.4 No refund policy

  1. All fees paid to CLAPP are non-refundable unless otherwise required by law.
  2. Users should carefully review transaction details before confirming any operation.

8. Custody & security measures

8.1 Custodial wallet services

  1. CLAPP provides a custodial wallet service, allowing You to deposit, store, and withdraw supported digital assets.
  2. Digital assets stored in CLAPP’s custodial wallets are held on behalf of users, but CLAPP retains control over private keys to facilitate transactions and security measures.
  3. Users acknowledge that they do not have direct control over private keys associated with custodial wallets.

8.2 Security measures

CLAPP implements industry-standard security measures, including:

  1. Multi-signature authorization and cold storage solutions for asset protection,
  2. Two-factor authentication (2FA) for user accounts,
  3. Continuous monitoring for suspicious activities and unauthorized access.

Despite these measures, no system is immune to cybersecurity threats. You are encouraged to adopt best security practices, such as strong passwords and 2FA.

8.3 Withdrawals and transaction processing

  1. You may withdraw your digital assets, subject to security verifications and processing times.
  2. Withdrawal requests may be delayed or restricted due to security reviews, regulatory requirements, or technical issues.
  3. CLAPP reserves the right to impose withdrawal limits or temporarily halt withdrawals for security or compliance reasons.

8.4 Liability for security breaches

  1. CLAPP is not responsible for losses resulting from unauthorized access due to user negligence (e.g., weak passwords, phishing attacks).
  2. In the event of a security breach affecting user assets, CLAPP will conduct an investigation and take appropriate measures to mitigate risks.
  3. CLAPP does not guarantee reimbursement for losses due to cyberattacks, regulatory actions, or unforeseen security vulnerabilities.

9. Liability and disclaimers

9.1 Limitation of liability

To the maximum extent permitted by law, CLAPP, its affiliates, directors, employees, and service providers shall not be liable for:

  1. Any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, or data.
  2. Any losses resulting from market volatility, security breaches, system failures, or unauthorized access to your Account.
  3. Any actions taken in compliance with applicable laws, regulations, or government requests.
  4. Any errors, delays, or interruptions in the Services caused by external factors, including blockchain network congestion, cyberattacks, or force majeure events.

In no event shall CLAPP’s total liability exceed the amount of fees paid by you to CLAPP in the three (3) months preceding the event giving rise to the claim.

9.2 No warranty on uninterrupted service

  1. CLAPP provides its Services on an “as is” and “as available” basis without warranties of any kind.
  2. We do not guarantee uninterrupted, error-free, or secure access to our Services and disclaim any warranties regarding the accuracy, reliability, or availability of the platform.
  3. You acknowledge that system maintenance, security upgrades, or unforeseen technical issues may temporarily limit access to your Account or transactions.

9.3 Force Majeure

CLAPP shall not be held liable for any failure or delay in performing its obligations due to events beyond its reasonable control, including but not limited to:

  1. Natural disasters, war, terrorism, government actions, or legal restrictions,
  2. Cyberattacks, hacking incidents, or security breaches,
  3. Internet disruptions, power outages, or blockchain network failures.

9.4 No advice

  1. CLAPP does not provide financial, legal, investment, or tax advice.
  2. Any information provided on the platform is for informational purposes only and should not be considered investment advice.
  3. Users are solely responsible for conducting their own research and consulting qualified professionals before making financial decisions.

BY USING CLAPP, YOU ACKNOWLEDGE AND ACCEPT THESE LIMITATIONS OF LIABILITY AND DISCLAIMERS.

10. Suspension and termination

10.1 Grounds for suspension or termination

CLAPP reserves the right to suspend, restrict, or terminate your Account and access to the Services under the following circumstances:

  1. Violation of Terms – If you breach any provision of these Terms or any applicable laws.
  2. Suspicious or unauthorized activity – If your Account is involved in fraudulent, illegal, or unauthorized transactions, or we suspect so.
  3. Failure to complete KYC requirements – If you do not provide the required identity verification documents or fail compliance checks.
  4. Regulatory or legal requirements – If required by law enforcement, regulatory authorities, or government orders.
  5. Security risks – If CLAPP detects potential security threats, including unauthorized access attempts or cyber threats.
  6. Inactive accounts – If your Account remains inactive for an extended period, CLAPP may suspend or close it.

10.2 Effect of suspension or termination

If your Account is suspended or terminated:

  1. You may be restricted from accessing your funds and Services.
  2. CLAPP may conduct an investigation and cooperate with relevant authorities if illegal activities are suspected.
  3. In cases of regulatory or legal requirements, your funds may be frozen or seized as per applicable laws.
  4. You will remain liable for any outstanding obligations, fees, or liabilities incurred before termination.

10.3 User-initiated account closure

  1. You may request to close your Account at any time by contacting CLAPP’s support team.
  2. Account closure does not affect any obligations incurred before the request, including pending transactions or compliance requirements.
  3. CLAPP may retain certain records for regulatory, tax, and security purposes, even after Account closure.

10.4 Appeal process

  1. If you believe your Account was suspended or terminated in error, you may submit an appeal by contacting CLAPP’s support team.
  2. CLAPP is not obligated to reinstate accounts that were terminated due to serious violations of these Terms or legal requirements.

11. Dispute resolution and governing law

11.1 Governing law

These Terms & Conditions, and any disputes arising from or related to CLAPP’s Services, shall be governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles.

11.2 Dispute resolution process

If a dispute arises between You and CLAPP, we encourage you to first contact our support team to seek an amicable resolution. If the issue cannot be resolved informally, the following dispute resolution process will apply:

11.2.1 Negotiation

  1. You agree to engage in good-faith negotiations with CLAPP for at least 30 days before pursuing formal legal action.
  2. Any settlement discussions will remain confidential and cannot be used as evidence in legal proceedings.

11.2.2 Court jurisdiction

If the dispute is not resolved through negotiation, it shall be resolved exclusively in the competent courts of The Czech Republic.

11.3 Limitation on claims

Any claim related to CLAPP’s Services must be filed within one (1) year from the date the issue arose. Claims filed after this period will be time-barred.

11.4 No waiver of rights

Failure by CLAPP to enforce any provision of these Terms shall not constitute a waiver of our rights.

12. Privacy and data protection

12.1 Data collection and use

  1. CLAPP collects, stores, and processes your personal data in accordance with our Privacy Policy.
  2. The types of data we collect may include your name, address (both physician and email), contact details, identification documents, transaction history, and device information.
  3. Your data is used for account verification, compliance with regulatory requirements, security monitoring, and service improvements.

12.2 Data security

  1. CLAPP implements industry-standard security measures to protect your personal data from unauthorized access, loss, or misuse.
  2. Despite our best efforts, no system is completely secure. You acknowledge that you share your data at your own risk.

12.3 Data sharing and third parties

  1. CLAPP may share your information with:
  1. Regulatory authorities and law enforcement agencies, when required by law,
  2. Third-party service providers who assist in identity verification, fraud prevention, or operational support,
  3. Business partners in cases of mergers, acquisitions, or restructuring, subject to confidentiality obligations.
  1. We do not sell your personal data to third parties for marketing purposes.

12.4 User rights

  1. You have the right to access, correct, or request deletion of your personal data, subject to legal and regulatory obligations.
  2. Requests regarding your data can be submitted through CLAPP’s support team.

12.5 Data retention

  1. CLAPP retains user data for as long as necessary to comply with legal obligations, resolve disputes, and maintain security.
  2. Once data is no longer required, it will be securely deleted or anonymized.

12.6 Cookies and tracking technologies

  1. CLAPP may use cookies, analytics tools, and tracking technologies to enhance user experience and monitor platform performance.
  2. By using our Services, you consent to the use of such tracking technologies as described in our Privacy Policy.

13. Miscellaneous

13.1 No partnership or agency relationship

  1. Nothing in these Terms shall be construed as creating a partnership, joint venture, employment, or agency relationship between you and CLAPP.
  2. You acknowledge that you are using CLAPP’s Services as an independent user and have no authority to bind or represent CLAPP in any way.

13.2 Assignment and transfer of rights

  1. CLAPP may assign or transfer its rights and obligations under these Terms in whole or part to another entity at any time at its sole discretion.
  2. Users may not assign their rights or obligations under these Terms without CLAPP’s prior written consent.

13.3 Severability clause

If any provision of these Terms is found invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

13.4 Entire agreement

These Terms, along with CLAPP’s other relevant policies, constitute the entire agreement between you and CLAPP, superseding any prior agreements or understandings.

13.5 Language and translations

These Terms are written in English. Any translations provided are for convenience only. In the event of discrepancies, the English version shall prevail.

13.6 Contact information

For any questions, concerns, or legal notices related to these Terms, you may contact CLAPP’s support team at [email protected]