Terms of Service

Version:Crossmint Terms of Service – Regulated Crypto-Asset Services (2026-07)(Latest version)

Crossmint Terms of Service
Crypto-Asset Services Agreement

Last updated: July 2026

IMPORTANT NOTICE FOR U.S.-BASED USERS: THE REGULATED CRYPTO-ASSET SERVICES DESCRIBED IN THIS AGREEMENT ARE NOT PROVIDED BY CROSSMINT EUROPE, S.L. TO USERS LOCATED IN THE UNITED STATES. IF YOU ARE LOCATED IN THE UNITED STATES, PLEASE READ SECTION 3 OF THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.

1. Introduction

This End User Crypto-Asset Services Agreement (this "Agreement") governs your access to and use of the regulated crypto-asset services made available by Crossmint Europe, S.L. ("Crossmint", "we", "us", or "our") and you, the individual ("you" or "User"), as described below.

THIS AGREEMENT IS IMPORTANT AND AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY. BY CLICKING ANY "I ACCEPT" BUTTON, COMPLETING THE ACCOUNT REGISTRATION PROCESS, OR OTHERWISE USING THE SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. If you do not agree, you may not access or use the Services. For existing users, this Agreement is effective from the date on which you first accessed any Service.

Crossmint reserves the right to change or modify this Agreement at any time in accordance with applicable law. If we make material changes, we will provide notice by email, through the Service, or by updating the "Last Updated" date above. Your continued use of the Service after any update constitutes acceptance of the revised Agreement. If you do not agree to the revised Agreement, you must cease using the Service.

Crossmint Europe, S.L. is a Spanish company operating under European law as a Crypto-Asset Service Provider (CASP) registered with the Comisión Nacional del Mercado de Valores (CNMV) for the provision of exchange of crypto-asset services (collectively, the "Services"). Users must comply with their applicable national and European laws when accessing any Service.

The Services covered by this Agreement are regulated under Regulation (EU) 2023/1114 of the European Parliament and of the Council of 31 May 2023 on markets in crypto-assets ("MiCA"). Any reference to crypto-assets in this Agreement refers exclusively to digital assets regulated by MiCA.

Other Crossmint group entities offer services that are not subject to MiCA and are governed by separate agreements — in particular, the Crossmint, Inc. Terms of Service (Non-Regulated Services), which you must accept separately before accessing those services. Non-regulated services include: (i) the Site; (ii) the Checkout Service for NFTs and closed-loop tokens; (iii) the Worldstore; and (iv) the Non-Custodial Wallet as a non-custodial infrastructure tool.

You, as a client, are a person who wishes to access the Services of Crossmint regulated under this Agreement. This Agreement does not apply to any Business-to-Business ("B2B") products or services. You may not use the Services on behalf of a business entity under this Agreement. Please contact the Crossmint Sales Team for B2B products and services.

2. Crossmint Regulated Services

This Agreement applies to an individual’s use of the following regulated crypto-asset services (each a "Service", collectively the "Services"), which are subject to MiCA:

  • Exchange of crypto-assets for funds ("On-Ramp"): the conclusion of purchase contracts for crypto-assets against fiat currency, using Crossmint’s own capital.

  • Exchange of crypto-assets back to fiat currency ("Off-Ramp"): the conclusion of sale contracts for crypto-assets in exchange for fiat currency, using Crossmint’s own capital.

    2.1 On-Ramp Service

    The On-Ramp Service is provided by Crossmint Europe, S.L. in accordance with its regulatory obligations under MiCA, exclusively to supported regions (as defined in Section 2.1.4 below). The On-Ramp Service enables Authorized Users to purchase certain MiCA-regulated crypto-assets, as approved by Crossmint from time to time, using fiat currency. This service facilitates the exchange between fiat currency and crypto-assets but does not involve the holding or custody of fiat funds on behalf of users.

    The On-Ramp Service is defined under MiCA as the conclusion of purchase or sale contracts for crypto-assets with clients, against funds, using own capital. Crossmint Europe, S.L. complies with the conduct and transparency requirements of MiCA in providing this Service. Crossmint does not direct the On-Ramp Service to jurisdictions outside Europe where it is not registered or authorised.

    Upon completing an On-Ramp transaction, you may direct the resulting crypto-assets to: (i) a Non-Custodial Wallet; or (ii) a third-party wallet. For the purposes of this Agreement: a “Non-Custodial Wallet” is a wallet that does not require the MiCA-regulated custody service of Crossmint; the User retains sole access to the crypto-assets through control of their own private keys. A “Third-Party Wallet” is a wallet created by and held in custody by an authorised entity distinct and independent from Crossmint, on behalf of clients. Crossmint’s pricing policy for the On-Ramp Service is available at Non-Discriminatory Commercial Policy and Pricing Policy for the Cryptoasset Exchange Service and as Annex 1 to this Agreement.

    2.1.1 KYC / Identity Verification

    Access to the On-Ramp Service requires completion of a Know Your Customer (KYC) verification process. This involves submitting a valid government-issued identity document and proof of residence, undergoing periodic compliance reviews, and accepting that transactions may be subject to additional scrutiny for fraud prevention and anti-money laundering (AML) / counter-terrorism financing (CTF) compliance. Transactions may be temporarily held or cancelled if additional verification is required or regulatory concerns arise. Users who fail to meet compliance requirements may experience delays, cancellations, or account suspension. Crossmint processes all personal data collected during KYC in accordance with its Privacy Policy and applicable AML/CTF regulations.

    2.1.2 Restrictions

    Crossmint reserves the right to refuse or restrict transactions based on jurisdictional, regulatory, or risk assessments. Crossmint may impose transaction limits depending on the User’s verification level and applicable law. Access to the On-Ramp Service may be suspended or terminated if you engage in activities deemed suspicious or in violation of this Agreement. An up-to-date list of supported and unsupported jurisdictions will be made available on the Crossmint website and updated periodically at Crossmint’s sole discretion. The On-Ramp Service is a technology platform that facilitates transactions but does not provide financial, investment, or tax advice. Users are responsible for evaluating risks associated with crypto-asset transactions and should seek independent professional advice before making financial decisions.

    2.1.3 Third-Party Service Providers

    Crossmint may offer its Services through third-party partners, affiliates, or authorised financial institutions. Such third-party providers may have additional compliance requirements or user agreements governing the availability of the Services. You acknowledge and agree that, when using Crossmint’s Services through third-party providers, those providers may impose additional terms, fees, or compliance measures, and you agree to comply with such third-party terms. The regulated Services are provided by Crossmint in all cases; third-party providers operate solely as a channel and do not themselves provide the regulated Services.

    2.1.4 Supported Regions

    Crossmint provides the On-Ramp Service in select jurisdictions where it is authorised to offer the service, as determined by Crossmint in its sole discretion and subject to change to comply with applicable regulations. The up-to-date list of restricted and prohibited countries can be found at this link and on the Crossmint website, and may be updated at any time at Crossmint’s sole discretion. Crossmint reserves the right to modify, expand, restrict, or discontinue the availability of its Services in any jurisdiction at any time without prior notice.

    2.1.5 Fees and Pricing

    Fees for the On-Ramp Service, including transaction processing fees, exchange rate spreads, and other applicable charges, may vary due to market conditions, regulatory requirements, and third-party costs. Crossmint will disclose applicable fees for each transaction before you confirm the purchase. By proceeding with the transaction, you acknowledge and accept the fees as displayed at the time of checkout. Crossmint’s full pricing policy is available at Non-Discriminatory Commercial Policy and Pricing Policy for the Cryptoasset Exchange Service and as Annex 1 to this Agreement. Additionally, Crossmint makes available its pricing, costs, and commissions policy, where applicable commissions are prominently listed, at Pricing Disclosure.

    2.2 Off-Ramp Service

    The Off-Ramp Service is provided by Crossmint Europe, S.L. in accordance with its regulatory obligations under MiCA, exclusively to supported regions. The Off-Ramp Service enables Authorized Users to sell certain MiCA-regulated crypto-assets, as approved by Crossmint from time to time, in exchange for fiat currency. This service facilitates the exchange from crypto-assets to fiat currency but does not involve the holding of fiat funds on behalf of users beyond the time reasonably necessary to complete settlement.

    To initiate an Off-Ramp transaction, you must: (i) transfer crypto-assets from a Non-Custodial or third-party wallet to Crossmint’s designated address; (ii) specify the amount you wish to convert; and (iii) provide a valid bank account in your name for receipt of the fiat proceeds. Crossmint will quote the applicable exchange rate and fees before you confirm. Off-Ramp transactions are subject to the same KYC/AML requirements, geographic restrictions, and third-party provider provisions as the On-Ramp Service (Sections 2.1.1 through 2.1.3). Crossmint currently supports conversion into the following fiat currencies: EUR, USD, and GBP. Additional fiat currencies may be supported by Crossmint from time to time. Fiat payout instructions are generally initiated within approximately one minute following settlement. In the event of temporary unavailability of Crossmint’s payment providers, Crossmint will continue to attempt execution of the payout for a period of up to five minutes. If the payout cannot be completed within this period due to the unavailability of such providers, the corresponding stablecoin will be returned to the User. The receipt of fiat proceeds by the User remains subject to applicable banking processing times.

    Crossmint will disclose applicable fees for each Off-Ramp transaction before you confirm. Full pricing is available at Non-Discriminatory Commercial Policy and Pricing Policy for the Cryptoasset Exchange Service and as Annex 1 to this Agreement.

3. United States Users — Crossmint Horizon Inc. and Paxos Trust Company

The regulated crypto-asset services described in this Agreement (including On-Ramp and Off-Ramp) are not provided by Crossmint Europe, S.L. to users located in the United States of America. Crossmint Europe, S.L. does not hold money transmission licences or other required regulatory authorisations to provide regulated crypto-asset services to U.S. residents.

For users located in the United States, the regulated fiat-to-crypto and crypto-to-fiat services accessible through the Crossmint interface are provided through Crossmint Horizon Inc., a Wyoming corporation and affiliate of Crossmint, Inc., acting as the commercial and interface layer. The regulated portion of those services - conversion into crypto-assets, and delivery of such assets (On-Ramp); and the receipt of crypto-assets, conversion to fiat, and remittance of fiat proceeds (Off-Ramp) - is performed by one of the following licensed and regulated third-party Money Services Businesses (each, an "Approved MSB Provider"), as determined by Crossmint at its sole discretion based on availability, jurisdiction, and operational requirements at the time of each transaction:

  • Paxos Trust Company, LLC ("Paxos"), a New York-chartered limited purpose trust company regulated by the New York State Department of Financial Services (NYDFS) and a registered Money Services Business (MSB) with FinCEN, licensed to conduct money transmission activities in the United States; and/or
  • Brale Inc. ("Brale"), a registered MSB with FinCEN and a licensed money transmitter in the United States, operating under applicable state money transmission licences.

Crossmint Horizon Inc. provides the customer-facing technical infrastructure but does not itself custody, control, exchange, or transmit fiat currency or crypto-assets on behalf of users in the United States. Crossmint Horizon Inc. retains responsibility for commercial enablement, user onboarding, and monitoring of U.S. users in accordance with applicable AML/CTF standards equivalent to those under the Bank Secrecy Act (BSA) and FATF recommendations. Crossmint reserves the right to use either or both Approved MSB Providers, or to substitute or add alternative regulated providers, at any time with reasonable prior written notice to you.

BY ACCESSING ANY REGULATED SERVICE THROUGH THE CROSSMINT INTERFACE AS A U.S.-BASED USER, YOU ACKNOWLEDGE AND AGREE THAT:

  1. The regulated portion of each transaction is performed by an Approved MSB Provider (Paxos or Brale), not by Crossmint Europe, S.L. or Crossmint Horizon Inc.;
  2. You are required to review and accept the terms of both Approved MSB Providers, as either may be used to service your transactions at any time. By accessing or using the regulated Services, you agree to be bound by:
    1. The Paxos Trust General Terms and Conditions, available at https://www.paxos.com/terms-and-conditions/general-terms-and-conditions, together with any applicable Paxos Additional Terms; and
    2. The Brale End-User Agreement, available at https://brale.xyz/legal/end-user-agreement, together with any applicable Brale Additional Terms.
  3. In the event of any conflict between the terms of an Approved MSB Provider and this Agreement with respect to the regulated service performed by that provider, the Approved MSB Provider’s terms shall prevail for that regulated service;
  4. Crossmint assumes no liability whatsoever in connection with regulated services performed by either Approved MSB Provider;
  5. All disputes relating to the regulated portion of any transaction must be directed to whichever Approved MSB Provider performed that specific transaction, in accordance with that provider’s dispute resolution procedures. For Paxos-serviced transactions, this includes the binding arbitration provisions in the Paxos Terms. For Brale-serviced transactions, this includes the binding arbitration and class action waiver provisions in the Brale End-User Agreement; and
  6. U.S. users are subject to the KYC/AML onboarding requirements of the applicable Approved MSB Provider and may be required to complete a separate onboarding process directly with that provider prior to accessing regulated services.

Notwithstanding the foregoing, all provisions of this Agreement relating to non-regulated services provided by Crossmint, Inc. continue to apply to U.S. users in respect of those non-regulated services, which remain governed by the Crossmint, Inc. Terms of Service (Non-Regulated Services).

4. Account Registration

To use the Services you must register for an account ("Account"), becoming a "Registered User"). You must be at least eighteen (18) years of age or otherwise capable of forming a binding contract. By creating an Account, you agree to: (i) provide accurate, current, and complete information about yourself; (ii) maintain and promptly update your Account information; (iii) maintain the security of your password and access credentials; and (iv) notify us immediately of any security breaches relating to the Service or your Account. You may not hold more than one Account; Crossmint reserves the right to block multiple Accounts of the same user.

Access to the regulated Services requires completion of a KYC verification process, as described in Section 2.1.1 above. Crossmint processes all personal data collected during KYC in accordance with its Privacy Policy and applicable AML/CTF regulations.

You may link your Account to a compatible third-party account ("Third-Party Account"), subject to the terms governing that account. You represent that you are entitled to disclose your Third-Party Account login information to Crossmint. Crossmint is not responsible for any content stored in Third-Party Accounts. You agree that you will not: (i) buy, sell, or transfer access to your Account without our written permission; (ii) register for a new Account after your Account has been disabled or deleted by us; (iii) share your Account password with anyone; or (iv) log in through unauthorised third-party applications or clients.

5. Third-Party User Wallets

A User Wallet refers to any third-party digital wallet that you choose to connect to the Service, not provided or managed by Crossmint. By using a User Wallet, you acknowledge and agree to the following:

  • Responsibility: You are fully responsible for managing your User Wallet, including safeguarding private keys, credentials, and assets. Crossmint has no access to, control over, or ability to recover funds from your User Wallet.

  • Third-Party Wallet Providers: Your use of a User Wallet is subject to the terms of your wallet provider. Crossmint is not responsible for any errors, security breaches, service failures, or other issues arising from your User Wallet. Disputes must be resolved directly with the wallet provider.

  • No Support: Crossmint does not provide customer support, asset recovery, or reimbursement for issues arising from a User Wallet. If you experience technical difficulties, unauthorized access, or loss of assets, you must seek assistance directly from your wallet provider.

  • Waiver of Liability: By using a User Wallet in connection with the Service, you expressly assume all risks associated with its use, including security vulnerabilities, transaction errors, loss of access, and cyber threats, and you waive and release Crossmint from all related liability.

6. AML and CTF Obligations

When registering your Account, you agree to provide Crossmint and any authorised third-party providers with all information we request for the purposes of identity verification and the detection of money laundering, terrorism financing, fraud, or any other financial crime, and you permit us to maintain a record of such information. To provide the regulated Services, we are legally required to carry out full KYC. Crossmint reserves the right to request additional information and documents as it considers reasonably necessary, including at the request of any competent authority or to assist Crossmint with complying with applicable AML/CTF obligations.

Crossmint may also require additional information where it has reason to believe that: (i) your Account is being used for money laundering or any other illegal activity; (ii) you have concealed or reported false identification information; or (iii) transactions via your Account were carried out in breach of this Agreement. In such cases, Crossmint may, at its sole discretion, pause or cancel your transactions pending review.

If you do not provide complete and accurate information, or Crossmint cannot verify your identity, or there are actual indications of fraud or violation of applicable law, Crossmint may, without compensation to you:

  1. temporarily suspend your Account while we investigate further;

  2. reverse or rescind any transaction it reasonably suspects was conducted in violation of applicable law or this Agreement, or that is fraudulent;

  3. refuse to provide any crypto-asset, content, product, service, and/or further access to the Service; and/or

  4. If no other remedy is available and you have not complied with our requests to verify your compliance with applicable law, terminate your Account.

In the event of Account termination under (iv) above, you acknowledge and accept that any crypto-assets held by Crossmint on your behalf will be dealt with in accordance with applicable law, and you hereby waive any rights you may have over such crypto-assets.

7. Consent to Privacy Policy and Electronic Communications

By submitting data through the Service, you expressly consent to the collection, use, and disclosure of your personal data in accordance with this Agreement and the then-current Privacy Policy available at https://www.crossmint.com/legal/privacy-policy. By creating an Account, you consent to receive electronic communications from Crossmint (e.g., by email or through the Service), including transactional notices and account-related updates. You agree that any such communications satisfy any applicable legal communication requirements. You may opt out of promotional communications at any time by following the unsubscribe instructions provided. You must provide all equipment and software necessary to connect to the Service and are solely responsible for any fees (including internet connection or mobile fees) you incur when accessing the Service.

8. Pricing and Payment

Any payment obligations you incur are binding at the time of the transaction. You may not substitute any other currency — whether crypto-asset or fiat — for the currency in which you have contracted to pay. No fluctuation in the value of any currency or crypto-asset will impact or excuse your payment obligations.

All prices and fees will be set forth at the time and point of sale. By using the Services you agree to pay all applicable fees. Crossmint reserves the right to adjust its pricing and fees at any time. Our fee may include network gas fees to process a transaction, calculated in accordance with our policies and prevailing blockchain network conditions. We will notify you of the total amount before you authorise the transaction. In the event that the User or a third-party service provider assumes the gas fees, Crossmint will not incorporate them in its fees. You are responsible for paying any additional fees charged by your financial services provider. In the event that we receive a payment for less than the total due, we will reject the order, notify you of the reason, and return the payment less our processing costs.

When a transaction is initiated through your Account, we will assume that you authorised it unless you notify us otherwise. You cannot cancel, reverse, or modify any transaction marked as complete or pending. If your payment method is insufficient, Crossmint may, at its sole discretion, cancel the transaction or debit any other payment method on file to complete the transaction on its original terms.

Crossmint may use a third-party payment processor to process payments; such services may be subject to additional terms. Crossmint may offer promotions or conditional pricing from time to time; eligibility is at Crossmint’s sole discretion. Full pricing policies for On-Ramp and Off-Ramp services are available at Non-Discriminatory Commercial Policy and Pricing Policy for the Cryptoasset Exchange Service and as Annex 1 to this Agreement.

9. Intellectual Property

Unless otherwise indicated in writing, the Service and all content and materials therein, including the Crossmint logo, are the proprietary property of Crossmint or our affiliates, licensors, or users, as applicable. The Service and content may include software components subject to separate licence terms, in which case those terms will govern. Crossmint trademarks and product or service names may not be copied, imitated, or used without our prior written permission. All other trademarks mentioned in the Service are the property of their respective owners.

10. Licence to Our Service and Content

You are hereby granted a limited, revocable, non-exclusive, non-transferable, non-sublicensable, "as-is" licence to access and use the Service and content for your own personal, non-commercial use; provided that such licence is subject to this Agreement and does not include any right to: (i) sell, resell, or commercially use the Service or content; (ii) distribute, publicly perform, or publicly display any content; (iii) modify or make derivative uses of the Service or content; (iv) use data mining, robots, or similar data gathering methods; (v) download any portion of the Service or content, except as expressly permitted by us; or (vi) use the Service or content other than for their intended purposes. This licence is subject to your compliance with the Acceptable Use Policy in Section 11 below.

11. Acceptable Use Policy

You agree that you are solely responsible for your conduct while using the Service. You agree that you will not:

  • Provide false or misleading information to Crossmint;

  • Use or attempt to use another user’s Account without authorisation;

  • Impersonate another person or create a misleading username;

  • Circumvent or attempt to circumvent any limitations or restrictions placed on promotions offered by Crossmint;

  • Use the Service in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Service, or damage, disable, overburden, or impair the Service;

  • Develop, utilise, or disseminate any software, or interact with any API in any manner, that could damage or impair the Service;

  • Reverse engineer any aspect of the Service, or do anything to discover source code or bypass security measures;

  • Use any robot, spider, crawler, scraper, or other automated means not authorised by us to access the Service or extract data;

  • Collect or harvest data from the Service for direct marketing activities;

  • Use the Service for any illegal or unauthorised purpose, including money laundering, terrorism financing, or activities designed to adversely affect the performance of the Service;

  • Engage in or knowingly facilitate any front-running, wash trading, pump and dump trading, ramping, cornering, or fraudulent, deceptive, or manipulative trading activities in respect of any crypto-asset;

  • Use the Service to purchase, acquire, store, sell, or otherwise transfer any crypto-asset that violates our Content Policy; or

  • Use the Service to carry out any financial activities subject to registration or licensing without the required authorisations.

For the avoidance of doubt, you represent and warrant that the crypto-assets you exchange, store, or transfer through the Service are MiCA-regulated crypto-assets and that your use of the Service complies with all applicable law in your jurisdiction.

12. Investigations and Breach

If Crossmint becomes aware of any possible violations of this Agreement, Crossmint reserves the right to investigate such violations. If, as a result, Crossmint believes that any illicit or criminal activity may have occurred, Crossmint reserves the right to refer the matter to applicable legal authorities and to cooperate with them. Crossmint may disclose any information or materials in connection with your use of the Service, to the extent permitted by applicable law, in order to: (i) comply with applicable laws, legal process, or governmental requests; (ii) enforce this Agreement; (iii) respond to claims that content violates third-party rights; (iv) respond to customer service requests; or (v) protect the rights, property, or personal safety of Crossmint, its users, or the public.

If Crossmint has reasonable evidence that you have violated this Agreement or engaged in any illicit or criminal activity, Crossmint may, in its sole discretion:

  1. suspend your Account;

  2. reverse or rescind any transaction it reasonably suspects was conducted in violation of applicable law or this Agreement;

  3. refuse to provide any crypto-asset, content, product, service, and/or further access to the Service to you;

  4. withhold any amount due to you from any pending transaction; and/or

  5. if no other remedy is available, terminate your Account;

all without compensation to you, and without prejudice to additional indemnities and damage claims applicable under this Agreement or applicable law.

In cases (i) to (iv) above, Crossmint will notify you of the actions taken and the reasons for them. If you believe a mistake has been made, you will be given the opportunity to appeal by responding to the notification or contacting support at [email protected], submitting relevant evidence to support your appeal. Crossmint’s decision on such appeal shall be final, without prejudice to your statutory rights.

In the event of Account termination under (v) above, you acknowledge and accept that any crypto-assets held by Crossmint on your behalf shall be dealt with in accordance with applicable law, and you hereby waive any rights you may have over those crypto-assets.

13. Assumption of Risk

You acknowledge, understand, and accept that:

  • The prices of crypto-assets are extremely volatile. Fluctuations in crypto-asset markets could materially and adversely affect the value of your crypto-assets, which may also be subject to significant price volatility. We cannot guarantee that any crypto-asset will not lose value.

  • You are solely responsible for determining what, if any, taxes apply to transactions involving your crypto-assets. Neither Crossmint nor any Crossmint entity is responsible for determining the taxes that may apply to your transactions.

  • Crypto-assets exist and can be transferred only by virtue of the ownership record maintained on the applicable distributed ledger.

  • There are risks associated with using crypto-assets, including but not limited to hardware, software, and internet connection risks, the risk of malicious software, and the risk that third parties may obtain unauthorised access to information stored in your Account.

  • The legal and regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain and continues to evolve; new regulations may materially affect the development of the Service and the utility of crypto-assets.

  • Crossmint does not investigate and cannot guarantee the authenticity, originality, uniqueness, marketability, legality, or value of any crypto-asset.

  • Crossmint reserves the right to restrict access to crypto-assets it suspects may violate this Agreement. In such cases, those crypto-assets may become inaccessible on the Service.

14. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Crossmint and its affiliates, officers, employees, agents, successors, and assigns (the "Crossmint Entities") from and against all actual or alleged third-party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including attorneys’ fees), and costs of every kind and nature arising out of or related to this Agreement or your use of the Service, including but not limited to: (a) your use or misuse of the Service, content, or crypto-assets; (b) any feedback you provide; (c) your violation of this Agreement; (d) your violation of the rights of any third party; or (e) any breach or non-performance of any covenant or agreement made by you. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND CROSSMINT.

15. Liability

Crossmint, as an authorised provider of crypto-asset exchange services under MiCA, will act with the professional diligence reasonably required in the provision of the regulated Services under this Agreement.

Crossmint shall be liable to the User for the loss of crypto-assets or means of access thereto where such loss is a direct consequence of an incident attributable to Crossmint. Crossmint’s liability is in all cases limited to the market value of the lost crypto-assets at the time the loss occurred.

No incident shall be attributable to Crossmint where it arises from circumstances external to the provision of the service or outside Crossmint’s operational control, including without limitation:

  • inherent failures in the network or distributed ledger on which the crypto-assets are based;

  • force majeure or fortuitous events;

  • actions or omissions of the User, including erroneous or incomplete instructions; or

  • technical unavailability of service access channels caused by third parties or circumstances beyond Crossmint’s control.

Crossmint shall not be liable for indirect, incidental, or consequential damages, including without limitation loss of profits or investment opportunities. In relation to transfer or exchange orders, Crossmint will execute validly issued instructions through the enabled channels and in accordance with established authentication systems. Crossmint shall not be liable for the accuracy of data entered by the User; the User is solely responsible for verifying the accuracy of information submitted. The User must notify Crossmint of any incident relating to an exchange transaction or transfer within 30 days of the relevant transaction; after that period, Crossmint shall bear no liability except in cases of fraud or gross negligence.

Transactions once executed are firm and irrevocable. If, at the time Crossmint receives the User’s notification, the transaction has already been executed, Crossmint shall bear no liability for the User’s error and the User shall have no right to restoration or compensation in respect of the crypto-asset sent in error.

16. Disclaimers

THE SERVICE AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. CROSSMINT (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. CROSSMINT DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

CROSSMINT IS NOT RESPONSIBLE FOR ANY LOSSES OR HARMS SUSTAINED BY YOU DUE TO VULNERABILITY OR ABNORMAL BEHAVIOUR OF SOFTWARE (E.G., SMART CONTRACTS), BLOCKCHAINS, OR ANY OTHER FEATURES OF OR INHERENT TO THE CRYPTO-ASSETS. CROSSMINT IS NOT RESPONSIBLE FOR CASUALTIES DUE TO ANY DELAY OR FAILURE TO REPORT ANY ISSUES WITH ANY BLOCKCHAIN SUPPORTING CRYPTO-ASSETS, INCLUDING FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES THAT RESULT IN LOSSES OF ANY SORT.

Nothing in this Agreement shall exclude or limit liability of either party for fraud, death or bodily injury caused by negligence, violation of laws, or any other activity that cannot be limited or excluded under the laws applicable to your jurisdiction, including mandatory consumer protection rights under EU law and MiCA.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CROSSMINT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM THIS AGREEMENT, THE SERVICE, OR ANY CRYPTO-ASSETS, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF CROSSMINT ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE SERVICE EXCEED THE GREATER OF: (A) €100; OR (B) THE AMOUNT RETAINED BY CROSSMINT IN THE TRANSACTION OR INCIDENT THAT IS THE SUBJECT OF THE CLAIM.

The foregoing limitation does not apply to Crossmint’s liability for direct losses arising from incidents attributable to Crossmint under Section 15 (Liability), where Crossmint’s liability shall not exceed the market value of the relevant crypto-assets at the time of the loss.

18. Data Protection and Security

Personal Data. You acknowledge that we may process personal data in relation to you in connection with this Agreement and the Services. Before providing any such personal data, you represent and warrant that you have read, understood, and acknowledged our Privacy Policy available at https://www.crossmint.com/legal/privacy-policy. Crossmint processes personal data in accordance with applicable EU data protection laws, including the GDPR.

Security Breach. If you suspect that your Account or any of your security details have been compromised, or if you become aware of any fraud or attempted fraud or other security incident affecting you and/or Crossmint (collectively, a "Security Breach"), you must notify Crossmint Support immediately at https://help.crossmint.com/. Prompt reporting of a Security Breach does not imply that Crossmint will be liable to you for any losses.

Computer Viruses. We shall not bear any liability for any damage or interruptions caused by any computer viruses, malicious code, phishing, spoofing, or any other kind of cyber-attack affecting your computer or other equipment.

19. Governing Law

This Agreement is governed by European law and, subsidiarily, by the national law of the User’s domicile, to the extent applicable.

Any dispute arising out of or related to the Services provided by Crossmint Europe, S.L. (including On-Ramp and Off-Ramp services) shall be subject to the exclusive jurisdiction of the courts of Madrid, Spain. By using these Services, you expressly agree that you shall not initiate or participate in any legal proceedings related to these Services in any jurisdiction other than Spain, unless otherwise required by mandatory EU consumer protection regulations.

Notwithstanding the above, if you are a consumer residing in the European Union, you may have the right to bring legal action in your local jurisdiction under applicable consumer protection laws. Nothing in this Agreement shall limit your rights under mandatory EU consumer protection regulations or MiCA.

For U.S. users, all disputes relating to regulated services accessed through the Crossmint interface (which are performed by Paxos) shall be governed by the Paxos Terms and Conditions, including the binding arbitration provisions set out therein.

20. General

We reserve the right in our sole discretion to modify, suspend, or discontinue the Service, or any features or parts thereof, whether temporarily or permanently, at any time with or without notice to you. Whenever the word "including" or any derivative thereof is used herein, it shall be construed as if followed by the phrase "without limitation". If any term, clause, or provision of this Agreement is held invalid or unenforceable, then that term, clause, or provision shall be severable from this Agreement and shall not affect the validity or enforceability of any remaining part of this Agreement. Your relationship with Crossmint is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and any rights and licences granted hereunder, may not be transferred or assigned by you without the prior written consent of Crossmint. Crossmint’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

Conflicts of Interest. Crossmint is transparent about its conflicts of interest, which are regulated in its conflicts of interest policy (summary available at Conflicts of Interest Policy). If measures adopted to manage a specific conflict are insufficient to guarantee, with reasonable certainty, that risks of damage to your interests will be prevented, Crossmint will disclose to you the nature or source of the conflict before acting on your behalf, so that you may make an informed decision regarding the Services provided to you.

Complaints. You may submit complaints and claims regarding the Services provided by Crossmint Europe, S.L. free of charge, by written request or through the Crossmint website. Crossmint Europe, S.L.’s Customer Service is available to receive your complaints and claims at:

Customer Service Address: C/ Villalar, 7 BJ IZQ

Email: [email protected]

21. Contact Information

Entity Contact Information
Crossmint Europe, S.L. C/ Villalar, 7 BJ IZQ Madrid, Spain, 28001 [email protected]
Crossmint Horizon, Inc. 1317 Edgewater Dr #4296 Orlando, FL 32804 (USA) [email protected]

Contact Information

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

Crossmint Europe, S.L.

C/ Villalar, 7 BJ IZQ

Madrid, Spain, 28001

[email protected]

Crossmint Horizon, Inc.

1317 Edgewater Dr #4296

Orlando, FL 32804 (USA)

[email protected]