Current Cryptocurrency Platform Agreement
Last Updated: July 18, 2022
This Current Cryptocurrency Platform Agreement (“Cryptocurrency Platform Agreement”) sets forth certain rights and obligations between you and Finco Services, Inc. d/b/a Current (“Current,” “we,” or “us”) with respect to your cryptocurrency account with and Zero Hash LLC (“Zero Hash”) (a “Cryptocurrency Account”). Please read through this Cryptocurrency Platform Agreement carefully before registering a Cryptocurrency Account and accessing or using the Zero Hash Services (as defined herein).
ALL APPLICABLE TERMS AND CONDITIONS CONTAINED WITHIN THE CURRENT CRYPTOCURRENCY PLATFORM AGREEMENT GOVERNING YOUR CURRENT ACCOUNT ARE INCORPORATED HEREIN BY REFERENCE, INCLUDING WITHOUT LIMITATION, THE INDEMNIFICATION, LIMITATION OF LIABILITY AND ARBITRATION PROVISIONS.
BY REGISTERING A CRYPTOCURRENCY ACCOUNT, OR BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE LEGALLY BOUND TO THE TERMS AND CONDITIONS CONTAINED IN THIS CRYPTOCURRENCY PLATFORM AGREEMENT IN THEIR ENTIRETY, INCLUDING ALL TERMS INCORPORATED BY REFERENCE.
IF YOU DO NOT AGREE TO ANY OF THESE TERMS AND CONDITIONS, INCLUDING THE AUTHORIZATION TO SHARE INFORMATION IN SECTION 4, THE AUTHORIZATION TO TRANSFER FUNDS IN SECTION 5, AND THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER IN THE ZERO HASH AGREEMENT, DO NOT REGISTER A CRYPTOCURRENCY ACCOUNT OR ACCESS OR USE THE SERVICES.
1. Scope of Services
This Cryptocurrency Platform Agreement applies to your access to and use of the Platform and Zero Hash Services, as described in the Zero Hash User Agreement, incorporated herein by reference. By registering a Cryptocurrency Account with Zero Hash, in accordance with the terms and conditions contained in the Zero Hash User Agreement, you will be able to enter into cryptocurrency transactions with Zero Hash (the “Zero Hash Services”) through Current’s mobile application or website(s) (the “Platform”).
2. Modifications to this Cryptocurrency Platform Agreement
Current reserves the right to make changes to this Cryptocurrency Platform Agreement at any time and at our sole discretion. If we make changes, we will post the amended Cryptocurrency Platform Agreement to the Platform and update the “Last Updated” date above. We may also attempt to notify you by sending an email notice to the address associated with your Cryptocurrency Account or by providing notice through the Platform. Using a particular form of notice in some instances does not obligate us to use the same form in other instances. Unless we say otherwise in our notice, the amended Cryptocurrency Platform Agreement will be effective immediately and will apply to any then current and subsequent uses of the Zero Hash Services, including any pending transactions. You are responsible for reviewing this Cryptocurrency Platform Agreement each time you access or use the Zero Hash Services. Your continued access to and use of your Cryptocurrency Account and/or the Zero Hash Services after we provide notice will constitute your acceptance of the changes. If you do not agree to any of the amended terms and conditions, you must stop accessing and using the Zero Hash Services.
3. Platform Access to the Zero Hash Services
3.1 Order Routing
All orders will be routed to Zero Hash by or through the Platform. By accessing the Platform, you understand and acknowledge that all orders which are placed through the Platform intended for your Cryptocurrency Account are your orders, and you agree to be bound by all terms and conditions pertaining to such orders in accordance with the Zero Hash User Agreement.
3.2 Self-Directed Cryptocurrency Account
You understand and acknowledge that your Cryptocurrency Account is self-directed, you are solely responsible for any and all orders placed through your Cryptocurrency Account, and all orders entered by you are unsolicited and based on your own investment decisions. You understand and acknowledge that you have not received and do not expect to receive any investment advice from Current, or any of its affiliates in connection with your orders. Notwithstanding anything in this Cryptocurrency Platform Agreement, you understand and acknowledge that Current accepts no responsibility whatsoever for, and shall in no circumstances be liable to you in connection with, your decisions. You further understand and acknowledge that under no circumstances will your access to the Platform and use of the Zero Hash Services be deemed to create a relationship that includes the provision or tendering of investment advice. You acknowledge that neither Current, nor any of its affiliates, nor any of its or their employees, agents, principals, or representatives (i) provide investment advice in connection with your Cryptocurrency Account, (ii) recommend any cryptocurrencies, cryptocurrency transactions, or orders, or (iii) solicit orders. To the extent research materials or similar information are available through the Platform, you hereby understand and acknowledge that these materials are intended for informational and educational purposes only and do not constitute a recommendation by Current to enter into any transactions or to engage in any investment strategies.
Current uses commercially reasonable efforts to provide access to the Platform in a reliable and secure manner. From time to time, interruptions, errors, delays, or other deficiencies in providing access to the Platform may occur due to a variety of factors, some of which are outside of Current’s control, and some which may require or result in scheduled maintenance or unscheduled downtime of the Platform (collectively, “Downtime”).
You understand and acknowledge that part or all of the Platform may be unavailable during any such period of Downtime, and you acknowledge that Current is not liable or responsible to you for any inconvenience or losses to you as a result of Downtime. Following Downtime, you further understand and acknowledge that the prevailing market prices of cryptocurrency may differ significantly from the prices prior to such Downtime.
4. Authorization to Share Information with Zero Hash and Zero Hash Liquidity Services LLC
You hereby authorize Current to provide Zero Hash and/or Zero Hash Liquidity Services LLC any of your personal information maintained in connection with your Current account, and to continue sharing such personal information, and any revisions or additions thereto, with Zero Hash on an ongoing basis until your Cryptocurrency Account is either closed or terminated in accordance with the Zero Hash User Agreement. Personal information may include your name, email address, residential address, phone number, date of birth, and taxpayer identification number. Personal information may also include documentation, such as copies of your government-issued photo identification (for example, your passport, driver’s license, or military identification card), account statements, and other documents as Zero Hash may require.
5. Authorization to Transfer Funds
Please refer to Section II (Electronic Fund Transfer Disclosure and Special Terms and Conditions) of the Current Deposit Account Agreement (the “Deposit Agreement”) for relevant disclosures and special terms and conditions with respect to fund transfers. A copy of the Deposit Agreement can be found here: https://cdn.current.com/choice_account_agreement.pdf. You understand and acknowledge that when you submit an order through the Platform to purchase cryptocurrency, you are authorizing and instructing Zero Hash to instruct Current and Choice Financial group “Choice”) to accept such instruction to transfer the funds required to fill the order from your Current account to Zero Hash. You understand and acknowledge that your Cryptocurrency Account is provided by Zero Hash and is separate from your Current account. You further understand and acknowledge that: (i) US Dollar deposits and Federal Deposit Insurance Corporation (“FDIC”) insurance in conjunction with your Current account are provided by Choice and that digital asset services and custody are provided, separately and independently, by Zero Hash, ; (ii) that Zero Hash is not under the control of Current or Choice; (iii) that any Zero Hash account is outside of Current’s and Choice’s possession and control: and (iv) that Current and Choice do not have the ability to monitor or recall the funds after such funds have been wired or transferred to Zero Hash. You further understand and acknowledge that, upon transfer from your Current account, the funds will no longer be provided protection by the FDIC, nor will they be provided protection by the Securities Investor Protection Corporation.
You agree to hold Current and Choice harmless with respect to Current and Choice accepting and following your instructions to transfer funds from your Current account to Zero Hash. You hereby authorize and instruct Current and Choice to accept all instructions to deposit funds into your Current account from Zero Hash at the sole instruction of Zero Hash. You understand that you may revoke this authorization at any time by closing your Zero Hash Cryptocurrency Account.
You understand and acknowledge that cryptocurrencies in your Zero Hash Cryptocurrency Account are not held with Current or at Choice and that Current and Choice are not involved in the purchase, sale, execution, custody, or trading of cryptocurrencies, and only take instructions regarding transferring funds as described in this Cryptocurrency Platform Agreement.
6. Transaction Limits
You understand and acknowledge that your use of the Zero Hash Services is subject to the following limit on volume (in fiat currency terms) that you may transact in a given time period.
|Cryptocurrency Purchases||$100,000 per week (rolling 7 days)|
|Cryptocurrency Sales||No limit|
Such limits may vary, at our sole discretion, depending on a variety of factors, and we may apply higher limits to certain Account holders at our discretion.
7. Suspension or Termination of Current Account
In the event that your Current account is terminated or suspended, you hereby authorize: (i) the delivery of instructions to Zero Hash to sell any remaining cryptocurrency balance(s) in your Hosted Wallet(s) at the prevailing market price(s); and (ii) the transfer the proceeds of such sale(s) to your Current account or as directed by you, less any costs associated with such sale(s) or the termination or closing of your Current account.
8. Zero Hash Right to Offset
You understand and acknowledge that if your failure to provide sufficient funds to complete an order results in an amount due and owing by you to Zero Hash (a “Negative Balance”), Zero Hash shall have the right to offset any such Negative Balance, including any accrued interest and consequential losses, by transferring funds from your Current account to Zero Hash. You hereby authorize Current to transfer funds that are or become available in your Current account to Zero Hash to offset any such Negative Balance.
In addition to the indemnification provision contained in the Current Account Agreement, incorporated herein by reference, you hereby, in both personal and representative capacities, agree to hold harmless, defend, and indemnify Current and its officers, directors, employees, agents, affiliates, and Choice and their respective officers, directors, employees, agents, and representatives (collectively, the “Indemnified Persons”) from any and all liabilities, losses, costs, judgments, penalties, claims, actions, damages, expenses, and attorney’s fees and disbursements (collectively, “Losses”) resulting or arising directly or indirectly from your use of the Platform, including, but not limited to: (i) the failure of you or your officers, directors, employees, agents, and affiliates for any reason, fraudulent or otherwise, to perform or comply with any obligation, agreement or covenant under the Zero Hash User Agreement, this Cryptocurrency Platform Agreement, the Services, your use of the Services, the Platform, or any other services provided in connection with your Cryptocurrency Account, the Platform or your use of the Platform; (ii) a breach by you or any of your officers, directors, employees, agents, and affiliates of any representation or warranty made by you under the Zero Hash User Agreement and this Cryptocurrency Platform Agreement or your provision of any inaccurate or incomplete information to any of the Indemnified Parties for any reason; (iii) any negligent, dishonest, fraudulent, or criminal act or omission by you or any of your officers, directors, employees, agents, and affiliates in connection with this User Agreement, the Services, any other services provided in connection with your Cryptocurrency Account or the Platform; and (iv) any failure by you or any of your officers, directors, employees, agents, and affiliates to comply with any laws, rules or regulations applicable to you or them. Notwithstanding the foregoing, any Indemnified Person shall not be entitled under this paragraph to receive indemnification for that portion, if any, of any liabilities and costs which are solely caused by its own individual gross negligence, willful misconduct or fraud, as determined by arbitration in accordance with the arbitration provision contained in the Current Account Agreement, incorporated herein by reference.