Terms of Service and Usage

Please read these Terms of Service and Usage ("Terms") carefully as they form a binding legal agreement between you ("you", "your", or "yourself") and CryptOut ATM Express South Africa Proprietary Limited, and its affiliates (collectively, "CryptOut", "Company", "we", "us", or "our"). These Terms govern your access to and use of CryptOut's ATM services and related offerings (the "Services").

By accessing or using the Services, you represent and warrant that:

1. You have read, understand, and agree to be bound by these Terms;
2. You are of legal age and capacity to form a binding contract with us;
3. You have the authority to enter into these Terms personally or on behalf of an entity;
4. You are not using the Services for any unlawful or prohibited purpose.

If you do not agree to these Terms, you must not use our Services.

1. Compliance and Verification (FICA Requirements)

In accordance with South Africa's Financial Intelligence Centre Act, 2001 (FICA), CryptOut is required to obtain, verify, and record identifying information for each customer who uses or seeks to use the Services. This is to prevent money laundering and support lawful enforcement. You agree to provide accurate, current, and complete identification documents and personal information upon request. We reserve the right to suspend or terminate Services if your identity cannot be verified or if we suspect unlawful activity.

2. ATM Services

CryptOut provides customers with the ability to buy and/or sell supported cryptocurrencies through its ATM network. Services are strictly limited to ATM-based cryptocurrency transactions. No other methods or platforms of transaction are offered or supported through this agreement.

Transactions may be limited based on FICA compliance thresholds, which may change from time to time. All transactions are final, irreversible, and non-refundable once completed. It is your sole responsibility to ensure the accuracy of all transaction information, including cryptocurrency wallet addresses. CryptOut shall not be liable for any losses arising from errors in input.

3. Hosts and Distributors

CryptOut works with independent hosts and distributors to support the deployment and operation of ATMs throughout South Africa.

Hosts may elect between different operational models regarding the replenishment of cash at ATMs placed at their premises. These options, including roles, responsibilities, and applicable terms, are governed by a separate agreement between CryptOut and each host.

Distributors who assist in the placement or facilitation of CryptOut ATMs are also subject to separate agreements that define their operational responsibilities and applicable terms.

The participation of hosts and distributors in the CryptOut network is conditional on the signing of a dedicated agreement, which will specify the applicable terms, conditions, and rate structures.

4. Account Access and Security

Some features of the Services may require the creation of a user account. You agree to provide accurate and complete information, and to maintain the confidentiality of your account credentials. You are solely responsible for all activity conducted under your account. You agree to notify us immediately if you suspect unauthorised access to your account or any breach of security.

We are not liable for losses arising from your failure to maintain the security of your account.

5. Restrictions

You agree not to:

• Use the Services for any unlawful purpose;
• Use the Services to send cryptocurrency to third parties;
• Share or allow access to your account by any other person;
• Interfere with the operation of any ATM;
• Circumvent any transaction limits or security measures;
• Engage in fraudulent or suspicious activity.

6. Changes to Services

CryptOut reserves the right to modify, suspend, or discontinue the Services at any time, including for maintenance, upgrades, legal compliance, or operational reasons. You agree that we shall not be liable to you or any third party for any modification or discontinuation of the Services.

7. Limitation of Liability

To the fullest extent permitted by law, CryptOut shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with your use of the Services, including but not limited to loss of data, loss of profits, or loss of cryptocurrency.

Our maximum liability to you for any claims arising under these Terms shall be limited to R10,000.

8. Indemnity

You agree to indemnify and hold CryptOut, its officers, employees, and affiliates harmless from any claims, demands, or losses arising out of your use of the Services, your breach of these Terms, or your violation of any law or the rights of any third party.

9. Dispute Resolution

Any disputes arising under these Terms shall be resolved through binding arbitration in accordance with the Arbitration Act 42 of 1965, to take place in Cape Town, South Africa. Each party shall bear its own legal costs unless otherwise awarded.

10. Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa, without reference to its conflict of laws principles.

11. Severability

If any provision of these Terms is found to be unenforceable, that provision shall be severed and the remaining provisions shall remain in full force and effect.

12. Entire Agreement

These Terms constitute the entire agreement between you and CryptOut regarding your use of the Services and supersede any prior or contemporaneous understandings.

13. Contact Information

If you have any questions about these Terms, please contact us at:

CryptOut ATM Express South Africa Proprietary Limited
3 Companion Lane, Klein Leeukoppie Estate
Bishop Rd, Cape Town 8001, South Africa
support@cryptoutatmexpress.com