By signing up to use an account through capitalxguide.com, or any of our associated websites, application programming interfaces (“APIs”), or mobile applications (collectively the "Site"), you agree that you have read, understood, and accept all of the terms and conditions contained in this Agreement, including our Communications Policy in Appendix 2, our Cookie Policy, and our Prohibited Use Policy, and have read and understood our Terms of Service.
We refer to the E-Money Services, Digital Asset Services and Additional Services (all defined below) and such other services that may be offered by Capital Guide from time to time, collectively, as the "Capital Guide Services", which can be accessed via the platform operated by Capital Guide (the “Capital Guide Platform”) (including the online platform which is accessible via the Site or at such location as may be prescribed by Capital Guide from time to time). Each of the Capital Guide Services is provided by either Capital Guide Payments or Capital Guide Europe, as set out in clause 2 below. “Digital Asset” means any digital asset (including a virtual currency or virtual commodity) which is a digital representation of value based on (or built on top of) a cryptographic protocol of a computer network; and "Supported Digital Asset" means only those particular Digital Assets listed as available to trade or custody in your Digital Asset Wallet. Services and supported assets may vary by jurisdiction.
We may make all other amendments to the Agreement (including in relation to any other Capital Guide Services) at any time by posting the revised Agreement (a “Revised Agreement”) on the Site or by providing a copy of it to you. The Revised Agreement shall, where lawful, be effective as of the time it is posted on the Site or provided to you (unless we state otherwise) but will not apply retroactively. Your continued use of the Capital Guide Services after the posting or provision of a Revised Agreement constitutes your acceptance of such Revised Agreement. If you do not agree with any such modification, you should close your Capital Guide Account and cease using the Capital Guide Services. You agree that any notification of amendments in the manner as aforesaid shall be sufficient notice to you, and your continued access and/or use of Capital Guide Services and/or the Site shall constitute an affirmative acknowledgement by you of the amendments and shall be deemed to be your acceptance of the Revised Agreement.
Additional Capital Guide Services.
- In addition to the core services (i.e. the E-Money Services and the Digital Asset Services), additional services ("Additional Services") may be made available by Capital Guide Europe, Capital Guide Payments or another member of the Capital Guide Group, as defined at Section 2.6 below to users that fulfill certain eligibility criteria, including, without limitation, the Additional Services described in Appendix 3. You may also elect to hold Supported Digital Assets in “Capital Guide Vault” as further described in Section 5.17. Unless otherwise noted, all references to Digital Asset Wallet include Capital Guide Vault.
Several Liability
- You agree that the liability of each of Capital Guide Payments and Capital Guide Europe under this Agreement is several and not joint, and each of Capital Guide Payments and Capital Guide Europe shall be liable only for their own respective obligations under this Agreement, and any breaches by them of those obligations. This means that each of them are responsible to you for their own breaches of this Agreement, and not for each other’s breaches.
- In this Agreement, “Capital Guide Group” means Capital Guide Europe and its corporate affiliates, including Capital Guide, Inc., a Delaware corporation, which provide Digital Asset storage and wallet services. Excluded from this definition are all corporate affiliates that solely provide electronic money services, including, but not limited to, Capital Guide Payments.
Registration of Capital Guide Account. To use the Capital Guide Services, you will need to register for a Capital Guide account (a "Capital Guide Account"), which includes the Digital Wallet(s) and the E-Money Wallet, by providing your details, including your name, email address and a password, completing certain verification procedures, and accepting the terms of this Agreement. By using a Capital Guide Account, you agree and represent that you will use the Capital Guide Services only for yourself, and not on behalf of any third party, unless you have obtained prior approval from Capital Guide in accordance with Section 3.2 and 4.10 of this Agreement. Each customer may register only one Capital Guide account. You are fully responsible for all activity that occurs under your Capital Guide Account. We may, in our sole discretion, refuse to open a Capital Guide Account for you, or suspend or terminate any Capital Guide Accounts (including but not limited to duplicate accounts) or suspend or terminate the trading of specific Digital Assets in your Capital Guide Account or the sending of Digital Assets from your Capital Guide Account. Please see Section 7 below for more information.