By accessing or using the Site and/or purchasing and using the Services, you agree to be bound by these Terms and all of the terms incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Site or purchase and use the Services. These Terms govern your access and use of the Site and your purchase or use of the Services.
We reserve the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Site or updating the “Last Updated” date at the end of these Terms. By continuing to access or use the Site or purchase or use the Services, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Site or purchase or use the Services. If you do not agree to the revised Terms, you may not access or use the Site or purchase or use the Services.
2.1 In these Terms, unless specifically stated otherwise with respect to particular matters, the following terms shall have the following meaning:
(A) “Account” means a User’s digital account on the Site, which is created and used to purchase and use the Services and which reflects the User’s Balance, the current Subscription Plan, the number of Orders available, the Orders Validity Period and other necessary information;
(B) “Accepted Payment Methods” means any of the methods by which a Payment may be effected to validly discharge the User’s obligation hereunder to pay for the Services as set out at;
(C) “Assets” means any and all digital assets (“cryptocurrencies,” “virtual currencies,” “digital currencies,” or “digital commodities”) and other assets, which are accepted to trading by any of the Exchanges;
(D) “Balance” means at any particular moment then current amount of funds reflected on the User’s Account, which can be used to pay for the Services;
(E) “Confidential Information” means all non-public, proprietary information treated as confidential by a Party, which may include:
(i) information concerning that Party’s past, present, or future business affairs, including finances, products, services, organisational structure, internal practices, forecasts, and sales,
(ii) ideas, unpatented inventions, discoveries, methods, processes, trade secrets, know-how, and other intellectual property,
(iii) designs, specifications, documentation, components, source code, object code, images, icons, audio-visual components and objects, schematics, drawings, protocols, and other visual depictions of other Confidential Information,
(iv) notes prepared by that Party containing, reflecting, or derived from, in whole or in part, any of the information described in items (i) – (iii) above,
(v) any of the information described in items (i) – (iv) above pertaining to a third party but in the possession or control of that Party, and
(vi) User Identification Information and Exchange Access Information;
(F) “Content” means all content and other materials contained on the Site and made available thereby, including, without limitation, [the Provider’s logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof];
(G) “Data” means the prices and other market data that is obtained from the Exchanges and other sources delivered to the User via the Services as described in these Terms;
(H) “Effective Date” means the date when the User registers its Account on the Site;
(I) “Exchange Access Information” means any and all of the information required to for the User to access the services offered by the Exchanges, including but not limited to the User’s account name, public key, private key, customer or client ID, username and passphrase;
(J) “Exchanges” means any and all of the exchanges available at; the Provider reserves the right to amend the list of the Exchanges at any time by adding other exchanges and removing some of them from the list; upon each such amendment, the Services shall be limited only to the Exchanges appearing on the list at the moment;
(K) “Fees” means the fees payable by the User to the Provider for the provision of the Services pursuant to these Terms;
(L) “Free Trial Period” means the period commencing on the Effective Date during which the User can use the Services free of charge and whose other particulars are set out at:
(M) “Intellectual Property Rights” means the worldwide intangible legal rights or interests evidenced by or embodied in: (i) any idea, design, concept, method, process, technique, apparatus, invention, discovery, improvement, derivative, including any patents, trade secrets, and know-how, (ii) any work of authorship, including any copyrights, moral rights, or related rights, (iii) any trademark, service mark, trade dress, trade name, or other indicia of source or origin, and (iv) any other similar rights;
(N) “Loss” means any and all losses (including any direct, indirect or consequential losses, loss of profit or loss of reputation), liabilities and claims including charges, costs, expenses, damages, fines, penalties, interest and reasonable legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses incurred in connection therewith including, in each case, all Taxes incurred;
(O) “Order” means any instruction transmitted by the User to any of the Exchanges through the Site on which basis an order is placed on any of the Exchanges;
(P) “Orders Validity Period” means the period within which the Orders remain available for the User;
(Q) “Payment” means any payment of Fees for the Services made by the User to the Provider pursuant to these Terms;
(R) “Party” means either the User or the Provider;
(S) “Provider” means the legal entity whose particulars are set out at;
(T) “Services” means information technology services provided under these Terms, which shall include the provision of access to the Site and the Content with the right to use the Software and the Data available through the Site and the Content within the limits and to the extent provided hereunder;
(U) “Site” means the following website:
(V) “Software” means any software owned or licensed by the Provider, to which and in respect to which access and particular rights to use are provided hereunder to the User in the course of the provision of the Services;
(W) “Subscription Period” means the period determined in accordance with the Subscription Plan selected by the User during which the Services are available for the User;
(X) “Subscription Plan” means any subscription plan which can be selected by the User in connection with the purchase and the use of the Services.
(Y) “Tax” means and includes all forms of taxation and governmental, state, provincial, local governmental or municipal taxes, charges, duties, contributions and levies, customs duties and charges, withholdings and deductions, whenever imposed and all related penalties, charges, costs and interest;
(Z) “Terms” means these Terms of Service;
(AA) “USD” means the official currency of the United States of America;
(BB) “User” means a legal entity or an individual who has entered into these Terms to purchase and use the Services rendered by the Provider;
(CC) “User Identification Information” means any information provided by the User to the Provider for the opening of the Account or thereafter, which is sufficient to uniquely identify the User or distinguish or trace the User’s unique identity.
(A) liability under, pursuant to or arising out of (or any analogous expression) any agreement, contract, deed or other instrument includes a reference to contingent liability under, pursuant to or arising out of (or any analogous expression) that agreement, contract, deed or other instrument;
(B) a person being liable to another person, or to liability, includes, but is not limited to, any liability in equity, contract or tort (including negligence);
(C) a “person” includes a reference to any individual, firm, company, corporation or other body corporate, government, state or agency of a state or any joint venture, association or partnership (whether or not having separate legal personality);
(D) a person or individual includes a reference to that person or individual’s legal representatives, successors and permitted assigns;
(E) any English legal term for any action, remedy, method of judicial proceeding, legal document, legal status, court, official or any legal concept or thing shall in respect of any jurisdiction other than England be deemed to include what most nearly approximates in that jurisdiction to the English legal term, and to any English statute shall be construed so as to include equivalent or analogous laws of any other jurisdiction;
(F) “indemnify” and “indemnifying” any person against any circumstance include indemnifying and keeping him harmless on an after-Tax basis from all actions, claims and proceedings from time to time made against that person and all loss or damage and all payments, costs or expenses made or incurred by that person as a consequence of or which would not have arisen but for that circumstance;
(G) any indemnity or covenant to pay (the "Payment Obligation") being given on an "after-Tax basis" or expressed to be "calculated on an after-Tax basis" means that to the extent that the amount payable pursuant to such Payment Obligation (the "Payment") is subject to a deduction or withholding required by law in respect of Tax or is chargeable to any Tax in the hands of the recipient it shall be increased so as to ensure that, after taking into account:
(i) the amount in respect of Tax required to be deducted or withheld from, and the Tax chargeable on such amount (including on the increased amount); and
(ii) any Tax credit, repayment or other Tax benefit which is available to the indemnified party or the recipient of the Payment solely as a result of the matter giving rise to the Payment Obligation or as a result of receiving the Payment;
the recipient of the Payment is in the same position as it would have been in if there had been no such Tax or Tax credit, repayment or other Tax benefit;
2.3 The ejusdem generis principle of construction shall not apply to these Terms. Accordingly, general words shall not be given a restrictive meaning by reason of their being preceded or followed by words indicating a particular class of acts, matters or things or by examples falling within the general words. Any phrase introduced by the terms “other”, “including”, “include” and “in particular” or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
2.4 The headings in these Terms do not affect their interpretation.
2.5 No rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of, or seeks to rely on, this document or any part of it.
3.1 To purchase and use the Services, the User will need to register for an Account on the Site (“Account”). By creating an Account, the User agrees to:
(A) provide accurate, current and complete User Identification Information and Exchange Access Information,
(B) maintain and promptly update from time to time as necessary the User Identification Information and Exchange Access Information,
(C) maintain the security of its password and accept all risks of unauthorized access to the Account and the information provided, and
(D) immediately notify the Provider if the User discovers or otherwise suspects any security breaches related to the Account.
3.2 The Provider may block multiple accounts of the same User.
4.1 On the terms and subject to the conditions stipulated in these Terms, the Provider shall render the Services to the User, and the User shall pay for the Services.
4.2 The Services comprise that the User is granted a limited, nonexclusive, non-transferable, non-sublicensable license to access and use the Site and Content. However, such license is subject to these Terms and does not include any right to:
(A) sell, resell or use commercially the Site or Content,
(B) distribute, publicly perform or publicly display any Content,
(C) modify or otherwise make any derivative uses of the Site or Content, or any portion thereof,
(D) use any data mining, robots or similar data gathering or extraction methods,
(E) download (other than page caching) any portion of the Site or Content, except as expressly permitted by the Provider, and
(F) use the Site or Content other than for their intended purposes.
4.3 The User hereby acknowledges and agrees that the Site, the Content and any Data provided to the User in the process of the provision of the Services are proprietary in nature and owned exclusively by the Provider and/or other third parties. Any use of the Site or Content other than as specifically authorized herein, without the Provider’s prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes concerning Intellectual Property Rights of the Provider and third parties. Unless explicitly stated by the Provider, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of the Provider or any third party, whether by estoppel, implication or otherwise. This license is revocable by the Provider at any time.
4.4 [Notwithstanding anything to the contrary in these Terms, the Site and Content may include the Software provided by the Provider or its affiliates or a third party that are subject to separate license terms, in which case those license terms will govern such Software.]
5.1 The Fees payable for the Services shall be determined based on the Subscription Plan selected by the User.
5.2 The Provider shall post the available Subscription Plans on the Site, as they may be updated by the Provider from time to time. The current Subscription Plans offered with respect to the Services are located at.
5.3 If the Subscription Plan is based on a limited number of Orders available, all Orders transmitted by the User shall be taken into account irrespectively of whether or not they have been fulfilled, cancelled or withdrawn, fully or partly, due to any reasons within or outside of the User’s control.
5.4 The Provider may establish that some of the Subscription Plans are available to particular Users only and can be subscribed to subject to certain conditions or special permission granted by the Provider.
5.5 To purchase the Services, the User shall make Payments to ensure that its Balance is sufficient for 100% prepayment for the Subscription Plan selected. Only Payments made with the use of Accepted Payment Methods shall be accepted to credit the User’s Balance. If the Payment is made in a currency other than USD or cryptocurrency, the amount of the Payment shall be converted into USD pursuant to the conversion rules available at:
5.6 Upon selection of the Subscription Plan, the User’s Balance shall be debited with the amount of Fees specified in the Subscription Plan.
5.7 During the Free Trial Period, the User shall be entitled to use the Services free of charge, subject to the terms and limits established for the Free Trial Period.
5.8 On the expiry of the relevant Subscription Period, or the number of Orders available, or the Orders Validity Period (whichever occurs first), the provision of the Services shall end until the User selects and purchases with 100% prepayment another Subscription Plan.
5.9 If the User having a balance of unused Orders before the expiry of the Subscription Period and/or the Orders Validity Period purchases another Subscription Plan based on the limited number of Orders with respective Orders Validity Period, such numbers of Orders available for the User and Orders Validity Periods shall be fully summed up to form an aggregated number of Orders and an aggregated Orders Validity Period.
5.10 The User may give instruction to automatically repurchase the current Subscription Plan when it expires, provided that it has sufficient Balance for such repurchase or has given instruction to make Payment on its behalf by the Provider through the Site or other payment instruments.
5.11 The User may gain credits to his Balance by participating in the referral programme available at: and subject to its rules.
5.12 Upon the User’s request, the unused Balance shall be repaid by the Provider, subject to the rule that no amount less than USD 20 shall be repaid. If the User terminates these Terms before the expiry of the relevant Subscription Period, or the number of Orders available, or the Orders Validity Period, it shall not be entitled to any refund of the Fees paid to the Provider relating to the unused balance of the Orders or unexpired time within which it could continue to use the Services.
5.13 Unless these Terms provide otherwise:
(A) all Payments made by a User under these Terms shall be made gross, free of right of counterclaim or set off and without deduction or withholding of any kind other than any deductions or withholding required by law; if a User makes a deduction or withholding required by law from any payment to another person under these Terms, the sum due shall be increased to the extent necessary to ensure that, after the making of any such deduction or withholding, the Provider receives a sum equal to the sum it would have received had no deduction or withholding been made;
(B) all payments made by the Provider (whether as a refund of the Balance or on another basis) shall be deemed to be inclusive of all Taxes that may be payable by the User in connection with the payment, and the payment of such Taxes are the User’s sole responsibility. Under no circumstances shall the Provider have an obligation to deduct or withhold any Tax when making any payment to the User.
6.1 Any time periods under these Terms (including the Subscription Period and the Orders Validity Period) shall be calculated pursuant the following rules:
(A) Periods shall be laid down in terms of full years, months, weeks or days.
(B) Computation shall start on the day and at the time when the relevant event occurred, the event being either a procedural step or the expiry of another period. Where the procedural step is a notification, the relevant event shall be the receipt of the document notified, unless otherwise provided.
(C) When a period is expressed as one year or a certain number of years, it shall expire in the relevant subsequent year in the month having the same name and on the day having the same number as the month and the day on which the said event occurred; if the relevant subsequent month has no day with the same number, the period shall expire on the last day of that month.
(D) When a period is expressed as one month or a certain number of months, it shall expire in the relevant subsequent month on the day which has the same number as the day on which the said event occurred; if the relevant subsequent month has no day with the same number, the period shall expire on the last day of that month.
(E) When a period is expressed as one week or a certain number of weeks, it shall expire in the relevant subsequent week on the day having the same name as the day on which the said event occurred.
(F) In any event a period shall expire on the expiration day at the time being one minute before the time at which the relevant event occurred.
(G) Any reference to time of the day shall mean a reference to UTC time.
7.1 The User shall:
(A) regularly monitor and review any announcements connected with the Services made on the Site (including in the Account) or by email from the Provider, and in particular not less frequently than each time the User logs in the Account;
(B) fulfil all instructions received from the Provider, including downloading necessary updates and performing other operations, immediately upon receipt of a respective request from the Provider;
(C) purchase and use the Services only for the purposes and in the manner expressly permitted by these Terms;
(D) notify the Provider immediately if any of the representations and warranties made under these Terms becomes untrue, incomplete, invalid or misleading in any respect;
(E) not engage in any activity that interferes with or disrupts the Services in any way, including by sending excessively frequent Orders;
(F) keep, and be fully responsible for keeping, the information required to access the Account (including the password) confidential, secure, intact and under control at all times;
(G) have the sole risk of, and responsibility to exercise due care in relation to, the holding, use and exchange of any Assets owned by or transferred to it;(H) do anything (such as obtaining consents, signing and producing documents, producing receipts and getting documents completed and signed), which the Provider asks and considers necessary to:
(i) bind it and any other person intended to be bound in connection with these Terms;
(ii) demonstrate whether it is complying with applicable law and these Terms;
(iii) enable the Provider to obtain any necessary consent to these Terms of any other person; and
(iv) comply with the Provider’s legal, regulatory and governance requirements;
(I) not reproduce, duplicate, copy or reverse engineer the Content for any purpose;
(J) observe all applicable laws and regulations (including Tax laws and regulations) in such manner that will, to the best of its knowledge and belief, result in compliance by it and the Provider in any jurisdiction in which it directly or indirectly:
(i) purchases and uses the Services;
(ii) enters into or performs its obligations under these Terms; or
(iii) distribute these Terms or any advertisement or similar material;
(K) observe its responsibility with respect to Taxes as set out in these Terms; and
(L) provide promptly such evidence of its compliance with these Terms as the Provider may at any time reasonably require.
8.1 The User acknowledges and agrees that:
(A) the Provider may rely on the correctness of the information provided by the User pursuant to these Terms, including the User Identification Information, concerning the User’s identity and operations;
(B) the Provider may rely on the completion of all KYC and AML procedures applicable to the User in connection with any transactions with Assets conducted by the User on the Exchanges;
(C) however, to ensure the safety of the Users’ Account and establish its own internal compliance policy, voluntarily or if required by any law or regulation, the Provider may use internal controls and programmes for the maintenance of such internal controls. The Provider, through these programmes and controls, may collect and store information about the Users and their transactions, including personal information, provided upon registration of the Account or requested by the Provider upon transactions effected, as well as indirect information, including IP-addresses, information about the operating system used, software configuration and other information collected with the use of “cookies” technology to create statistical reports.
8.2 For its internal controls, the Provider may at any time require from the User:
(A) additional identification information;
(B) identification of bank accounts;
(C) any additional information and documents concerning the User’s activities.
8.3 If the User fails to provide the information and documents requested, the Provider may stop the provision of the Services until the documents and information are provided and reviewed by the Provider and accepted as satisfying the requirements of the internal controls.
8.4 The Provider can also request from the User any additional identifying information and support documents at any time at the request of any competent authority or in case of application of any applicable law or regulation, including laws related to anti-laundering (legalization) of incomes obtained by criminal means, or for counteracting financing of terrorism. In this case, if the User does provide incomplete or false information and documents, the Provider shall be free to unilaterally stop the provision of the Services to such User.
9.1 The User represents and warrants at the Effective Date and at all times that the User continues to use the Services that:
(A) the User has legal capacity under the laws of all applicable jurisdictions and agrees to these Terms voluntarily, and in particular that:
(i) the User has full power, authority and capacity to comply with these Terms and its obligations under them;
(ii) the User enters into these Terms voluntarily and based on its own independent judgment and on advice from independent advisors as the User has considered necessary; and
(iii) if the User enters into these Terms as a corporation, it is a duly incorporated, validly existing corporation in good standing under the laws of the place in which it is incorporated;
(B) the User’s compliance with these Terms is lawful and its obligations under these Terms are legally binding and valid, except as limited by bankruptcy, insolvency or other laws of general application relating to or affecting the enforcement of creditors’ rights generally and general principles of equity, and in particular that:
(i) its entry into, the exercise of its rights and the performance of its obligations under, and conduct of all transactions contemplated by, these Terms, will not contravene any restriction legally binding on the User or the assets which it sends as Payment;
(ii) it is not a resident or Tax resident of, is not domiciled in, and does not otherwise have any relevant connection with any jurisdiction in which entry into or performing the User’s obligations under these Terms or the delivery, holding, use or exchange of Assets is unlawful or restricted in any material way or requires licensing, registration or approval of any kind;
(iii) it is not a resident or Tax resident of, is not domiciled in, and does not otherwise have any relevant connection with, any jurisdiction in which the Provider has notified on its Site as being subject to prohibitions or restrictions on the holding of the Assets;
(iv) it has obtained any corporate authorisations which may be required for it to fully comply with these Terms and these remain in full force and effect;
(v) it has obtained any and all consent, approval, order or authorisation of, or registration, qualification, designation, declaration or filing with, any federal, state or local governmental authority or semi-governmental entity required for it to fully comply with these Terms; and
(vi) it is not bankrupt or insolvent (as applicable) and entry into and performing its obligations under these Terms will not result in it becoming bankrupt or insolvent (as applicable);
(C) the User is a sophisticated cryptocurrency purchaser, in particular that:
(i) it is an experienced purchaser, expert or professional in the fields of blockchain, distributed ledger technology, crypto-tokens and cryptocurrency;
(ii) it is experienced in and capable of maintaining and safekeeping any Assets it holds, the private key of the address from which it makes Payment and the password to the Account;
(iii) it understands, acknowledges and accepts the risks associated with the purchase, development and use of any Assets, participation in the Asset sale and the use of the Services; and
(iv) it is able to incur a complete loss of purchase of Assets without impairing its financial condition, and is able to bear the economic risk and consequences of its participation as a purchaser for an indefinite period of time;
(D) the User has carefully and thoroughly read and understood all material documentation and it has sought independent advice as needed in its situation, and in particular that it has carefully and thoroughly read and understood:
(i) these Terms; and
(ii) the terms and other relevant documentation of all Exchanges;
(E) the User is and has always been compliant with these Terms and the terms and other relevant documentation of all Exchanges;
(F) the User has reviewed all announcements connected with the Services made on the Site (including in the Account area) or by email from the Provider each time the User logs in the Account and has fulfilled all instructions received from the Provider by any such time, including downloading necessary updates and performing other operations requested;
(G) in entering these Terms the User has not relied on any representation, warranty, statement, undertaking or conduct of any kind other than as expressly provided in these Terms;
(H) the User does not seek to purchase Assets for any unlawful purpose, and in particular that:
(i) it purchases Assets only for the purposes expressly permitted under the terms and other relevant documentation of the Exchanges and do not contemplate purchasing, holding, re-selling, exchanging or transferring any Assets for any other purpose, including any unlawful, financial or speculative purpose, or to conduct, assist or facilitate money-laundering, terrorist financing or the proliferation of weapons of mass destruction, or in connection with transactions that violate securities or financial services laws in any jurisdiction; and (ii) it purchases Assets without any expectation of profit, dividend, capital gain, financial yield or any other return, payment or income of any kind;
(I) except if the User is acting as trustee, it is not entering into these Terms as an agent or as a partner in any partnership nor acting on behalf of any third party;
(J) if the User is acting as trustee, it has disclosed that fact to the Provider in writing and it makes each representation and warranty under this clause (including the following) in both its personal capacity and its capacity as trustee:
(i) the trust of which it is trustee has been duly established and continues at all times in full force and effect, and no action has been taken or proposed to terminate it;
(ii) it is and has remained at all times validly appointed as trustee of that trust, it is the only trustee of that trust, and no action has been taken or proposed to remove it as trustee of that trust;
(iii) the trust deed of the trust discloses all terms of the trust (other than those implied by law) and has been duly stamped;
(iv) it has express power under the terms of the trust to enter into and to exercise its rights and perform its obligations under, and conduct all transactions contemplated by, these Terms, and it has not released, abandoned or restricted such power in any way;
(v) it is not, and has never been, in default under the terms of the trust;
(vi) none of its rights or powers as trustee (including its trustee’s right of indemnity and lien) has been or will be prejudicially affected in any way (including by seeking to purchase or by holding or transferring Assets) and there has been no breach of trust (whether related or unrelated breach of trust);
(vii) it has a right to be fully indemnified out of the trust assets in respect of obligations incurred by it under or in connection with these Terms and the trust assets are sufficient to satisfy that right of indemnity and all other obligations in respect of which it has a right to be indemnified out of the trust assets;
(viii) it agrees to exercise its right of indemnity out of the trust assets in respect of obligations incurred by it under or in connection with these Terms and not to do anything which could restrict its right of indemnity in respect of such obligations and not to create an encumbrance or allow one to exist over such right of indemnity;
(ix) all requirements of the trust deed have been properly complied with and all necessary authorisations are in full force and effect in order for it to enter into and to exercise its rights and perform its obligations under, conduct all transactions contemplated by, these Terms, and allows those obligations to be enforced and doing such things is and will be in the proper performance of its duties as trustee (including under all applicable statute) and for the benefit of the beneficiaries of the trust;
(x) it will exercise its rights and perform its obligations under, and conduct all transactions contemplated by, these Terms in accordance with its powers and duties as trustee; and
(xi) the trust is not required to be registered under any regulatory regime;
(K) all information given by the User is true, complete, valid and not misleading in any respect, and it acknowledges and agrees that the Provider enters into these Terms with it in reliance on the representations and warranties in this clause.
10.1 The User undertakes and agrees to notify the Provider immediately if any of the representations and warranties set out in clause 9 becomes untrue, incomplete, invalid or misleading in any respect.
10.2 If the User cannot make all of the representations and warranties set out in clause 9, the User must not seek to purchase or use the Services or make Payment.
10.3 The Provider reserves the rights to deny and invalidate Payments made by, and/or stop the provision of Services to, any User who has made a false, incomplete or misleading representation in the opinion of the Provider.
11.1 The User hereby accepts that, to the fullest extent permitted by law:
(A) no warranty is given in respect of the Services or any Data provided to the User; and
(B) the Provider expressly disclaims all warranties and conditions of any kind, whether express or implied, including:
(i) any implied warranties of merchantability, fitness for purpose or non-infringement;
(ii) any warranties as to the timeliness, reliability, sequence, accuracy, adequacy, consistency or completeness of any information provided to the User at any time or from time to time;
(iii) any warranties that the Services or the Content will meet the User’s requirements; and
(iv) any warranties that the access to the Exchanges, Data, transactions with the Assets and other activities of the Users with the use of the Services and Content provided hereunder will be uninterrupted, timely, secure or free from error.
11.2 The User understands and agrees that:
(A) the Services provided under these Terms are only information technology services, which comprise the provision of access to the Site and the Content; the Services do not include any financial services in relation to the Exchanges and any assistance concerning transaction with any Assets; the User shall be solely responsible for the establishment of its access to any trade operations on the Exchanges, transactions with Assets, compliance with all applicable laws and regulations;
(B) there exist certain technical limitations and restrictions on the Services, which can lead to the inaccessibility of the Services or delays in the transmission of Orders at a particular time due to some reasons beyond the Provider’s control;
(C) the User enters into these Terms at its sole risk and that the Services, the Content and any information provided to the User are provided “as is” and “as available”; and
(D) information provided to the User may be derived from third party products; no third party makes any warranty to the User nor assumes any responsibility or undertakes to provide any support with respect to any information provided to the User.
11.3 No representation made by any person or entity will vary these Terms other than in accordance with clause 16 of these Terms.
12.1 To the fullest extent permitted by law, the Provider expressly disclaims all liability for any Loss whatsoever, and howsoever caused, incurred or suffered by you or anyone else, and including any Loss arising from or in connection with:
(A) any inaccuracy, incompleteness or delay in the Data or other information provided to the User;
(B) any transaction failure which may occur when the User seeks to make Payment (including any missing transaction or a transfer to a wrong address);
(C) late distribution or transfer of any Assets by Exchanges for any reason;
(D) any loss, theft or destruction of Assets before or after a transfer to the User, regardless of the reason or suspected reason for such loss, theft or destruction;
(E) any malfunction, instability, breakdown, paralysis, rollback or forking of any blockchain on which Assets are connected to or based upon;
(F) any disclosure, loss, theft, destruction or inaccessibility of the Account, password, the User Identification Information, Exchange Access Information or other data (including the User’s or any other person’s failure to keep these secure, safe and confidential);
(G) any changes made to the Asset sale or to the technical nature of Assets or any temporary or permanent cessation or unavailability in the delivery, distribution or activation of Assets;
(H) closing or suspension of the Asset sale by Exchanges at any time and for any reason;
(I) termination of these Terms at any time and for any reason;
(J) any act of any person other than the Provider, including any transfer of Assets or any breach whatsoever by any person other than the Provider of these Terms or any consequences (including any loss or damage which the Provider or any third party may suffer) arising from or in connection with any such breach;
(K) any person’s participation in the Asset sale or purchase, holding, use, offering, sale, grant, distribution, transfer, delivery, re-sale, re-offering, exchange, exercise and vesting of Assets that is in violation of any regulatory requirements imposed in any jurisdiction, including financial crime regulations and applicable tax regulations;
(L) the regulatory and tax treatment of the User, Assets, the Asset sale, the Provider or the Services or the Content by any government, quasi-government, authority or public body (including any regulatory body of any jurisdiction);
(M) any failure of the Services, Content and other Data to be used in any specific way or to meet any specific purpose or requirements;
(N) the listing or delisting of Assets on or from any Exchange;
(O) any flaw, error, bug, weakness, vulnerability or defect or otherwise of the source code of any Content, Data or Assets; and
(P) any war, riots, acts of God, restraints imposed by any governmental or semi-governmental or regulatory authority, industrial or trade disputes, fires, explosions, storms, typhoons, floods, lightning, earthquakes and natural calamities.
12.2 The Provider shall have no liability, however arising, for any indirect, incidental, punitive, or consequential damages, including lost sales or profits, arising out of or in connection with the provision of the Services hereunder, or otherwise related to its subject matter (including any of those types of damages described above relating to the User’s use of or inability to use the Site and the Content, the User’s loss of data, damage to the User’s hardware or third-party supplied hardware or software, the User’s failure to realise savings or other benefits from the Site and the Content, and related claims by third parties).
12.3 The Provider’s aggregate liability to the User for any claims for damages in any single calendar year (whether under contract, tort, warranty, or other law) resulting from, arising out of, or in connection with these Terms, or otherwise related to its subject matter, will exceed the Fees paid by the User to the Provider during that calendar year and the immediately preceding calendar year.
12.4 The User is responsible for its own costs and other arrangements relating in any way to the performance of its obligations under these Terms, including any Tax arising from or in connection with the Services, Content, Assets and/or these Terms. In the event that the provision or the use of the Services, Content, Assets and/or Software in the User’s jurisdiction of incorporation or other places of its business requires payment of any Taxes and/or fulfilment of other regulatory requirements (certification or standardization of the Software etc.), such costs and other arrangements shall be the User’s sole responsibility. The User shall fully indemnify the Provider of any charges and other obligations which may be imposed on the Provider in the User’s jurisdiction of incorporation or other places of its business.
12.5 The User acknowledges and agrees that the Provider is not responsible for the provision of goods, software or services of any other person or entity including any wallet or address providers.
12.6 The User acknowledges that there is a significant risk of hacking, theft, fraud or other unauthorised access or transfer of, or loss of access to or use of, Assets, and a significant risk of mining attacks in relation to Assets, the Asset sale and the Site. Without limiting any other provision in this clause, the User expressly waives all claims whatsoever of any kind arising from such risks against the Provider and the User agrees that the Provider is under no obligation to obtain any kind of insurance whatsoever.
13.1 The User indemnifies the Provider against, and agrees to reimburse and compensate the Provider for, any liability or Loss arising from (and any costs incurred in connection therewith):
(A) any breach of these Terms, including clause 9;
(B) the Provider exercising, enforcing or preserving its rights, powers or remedies (or considering doing so) with respect to the User in connection with these Terms;
(C) infringement of any third party Intellectual Property Rights or other laws in connection with any activities of the User on the Exchanges though the use of the Services and the Content;
(D) any amount the User may be required to withhold or deduct as Tax from Payment the User makes to the Provider.
13.2 It is not necessary for expense to be incurred before the indemnity in this clause operates.
14.1 Each Party acknowledges that it may be provided or otherwise gain access to the other Party’s Confidential Information. Except as provided in clause 14.2, with respect to the other Party’s Confidential Information, each Party will:
(A) protect the confidentiality of that Confidential Information with a reasonable level of care and at a level no less than the level of care that Party uses to protect its own Confidential Information,
(B) not, without the prior written consent of the other Party, use the other Party’s Confidential Information, or permit it to be accessed or used, for any purpose other than as reasonably necessary to exercise that Party’s rights or perform its obligations under these Terms,
(C) not, without the prior written consent of the other Party, disclose that Confidential Information to any third party, except to that Party’s employees or agents who (i) reasonably need to know that Confidential Information to assist that Party, or act on its behalf, in exercising that Party’s rights or performing its obligations under these Terms, (ii) are informed of the confidential nature of that Confidential Information, and (iii) are subject to nondisclosure obligations and limitations on use with respect to that Confidential Information no less restrictive than the provisions of this clause 14.1, and
(D) be responsible for the acts or omissions of its employees or agents in breach of their nondisclosure obligations and the limitations on use with respect to that Confidential Information.
14.2 A Party’s nondisclosure obligations set out in clause 14.1 will not apply with respect to the other Party’s Confidential Information that
(A) becomes available to that Party on a non-confidential basis from a third party, provided that, to the best of that Party’s knowledge, that third party was not prohibited from disclosing that information on a non-confidential basis at the time that third party made the disclosure,
(B) was known by or in the possession of that Party, as established by documentary evidence, prior to the receipt by that Party of the Confidential Information, or
(C) was or is independently developed by that Party, as established by documentary evidence, without reference to any Confidential Information received from the other Party or accessed as a result of these Terms.
14.3 A Party may disclose the other Party’s Confidential Information if required by Regulation or a valid order issued by a court or governmental agency of competent jurisdiction, provided that Party first (unless prohibited by Regulation, court order or similar) will make reasonable efforts to notify the other Party promptly in writing of that requirement so that the other Party may seek, at its sole cost and expense, a protective order or other remedy.
15.1 The Provider may assign, transfer, novate or otherwise deal in any manner, all or any part of the benefit of these Terms and any of its rights, remedies, powers, duties and obligations under these Terms to any person, without the User’s consent and in any way the Provider considers appropriate.
15.2 The User agrees that it may not claim against any assignee, transferee or any other person who has an interest in these Terms, any right of set off or other rights that the User has against the Provider.
16.1 The Provider may vary these Terms by notice given under these Terms in accordance with clause 22 provided that such notice expressly states that it modifies, varies, amends or supplements these Terms.
16.2 To the extent of any inconsistency between this document and the Site, announcements made on the Site will prevail (in reverse chronological order).
16.3 No other person is authorised to vary these Terms except as provided by this clause. The User must not rely on any unauthorised representations in respect of these Terms, including the User’s rights and obligations under them.
17.1 These Terms will commence on the Effective Date and shall continue for each Subscription Period relating to the Subscription Plans purchased by the User, unless they are terminated in accordance with this clause 17.
17.2 Upon the expiry of the Subscription Period, these Terms shall renew on the date of purchase of another Subscription Plan, if any.
17.3 Notwithstanding any other provision of these Terms, the Provider may at any time and for any reason immediately terminate these Terms as between the User and it without prior notice or need to specify reasons, including if:
(A) the User has breached any provision of these Terms or acted in a manner which clearly shows that the User does not intend to or is unable to comply with any provision in these Terms;
(B) the Provider reasonably considers it is required to do so by the application of any laws or regulations or by any government, quasi-government, authority or public body (including any regulatory body of any jurisdiction); or
(C) the Provider determines that performing its obligations under these Terms is no longer commercially viable.
17.4 The Provider will inform the User of such termination by notice in accordance with clause 22.
17.5 Subject to these Terms, nothing in this clause affects the User’s rights to any Assets of which the User is absolute owner.
The User acknowledges and agrees unconditionally and irrevocably to waive any right of set-off, netting, counterclaim, abatement or other similar remedy which the User might otherwise have under these Terms under the laws of any jurisdiction.
19.1 These Terms are governed by and must be construed in accordance with the law of England and Wales.
19.2 To the extent the law permits, these Terms prevail to the extent they are inconsistent with any laws or regulations. Any present or future law which operates to vary the obligations of the Provider in connection with these Terms with the result that the Provider’s rights, powers or remedies are adversely affected (including by way of delay or postponement) is excluded except to the extent that its exclusion is prohibited or rendered ineffective by law.
If there is a dispute between the Parties resulting from, arising out of, or in connection with these Terms or related to its subject matter, either Party may notify the other in writing of its desire that the Parties engage in executive-level discussions to resolve the dispute. Within five (5) Business Days following that notification, each Party will designate an executive of that Party with the authority to make commitments that would resolve the dispute. Those executives will meet in person or telephonically within ten (10) Business Days of the date on which the last of the two executive designations are made, and they will negotiate in good faith in an attempt to resolve the dispute. Failing resolution of the dispute or difference by the designated executives as set out above, the Parties hereby agree that the dispute shall be referred to and finally resolved by arbitration in accordance with the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce. The seat of arbitration shall be Stockholm, and the language to be used in the arbitral proceedings shall be English.
21.1 Any person who is not a party to these Terms has no rights under the Contracts (Rights of Third Parties) Act and may not enforce nor enjoy the benefit of any provision of these Terms.
21.2 Notwithstanding any provision of these Terms, the consent of any person who is not a party to these Terms is not required to rescind or vary these Terms.
22.1 The User agrees that the Provider may give notices and communications, under or in connection with these Terms by announcement on the Site or by email to the email address which the User registers to its Account, and that such notice is deemed to be effective and received by the User at the time when it is published on the Site, or, if earlier, sent, by the Provider unless the Provider promptly receives an automated message indicating failed delivery of that notice.
22.2 All notices and communications from the Provider must be in English.
22.3 Any translation of any notice and/or communication under or in connection with these Terms made by the Provider, whether authorised by the Provider or prepared by a third party, has no legal effect and is provided for convenience only.
22.4 Notices to the Provider may be directed to the email address specified at [●]. All notices to the Provider must be in English. Notices provided to the Provider through the Site have no legal effect.
No failure or delay on the part of the Provider to exercise any right, power or remedy under these Terms will operate as a waiver, nor will any single or partial exercise by the Provider of any right, power or remedy.
The rights, powers and remedies provided in these Terms are cumulative and are not exclusive of any rights, powers or remedies provided by law.
These Terms do not create any kind of partnership, joint venture, advisor, fiduciary, agency or trustee relationship or any similar relationship between the User and the Provider or any other person or entity.
If any provision of these Terms is held to be illegal, void, unenforceable or invalid, whether in whole or part, under the laws of any jurisdiction, that portion will be severed, and such illegality, unenforceability or invalidity will not affect the legality, enforceability or validity of the remaining provisions of these Terms in that jurisdiction, nor the legality, enforceability or validity of these Terms in any other jurisdiction. This clause 26 has no effect if the severance would alter the basic nature of this document or be contrary to public policy.
By accessing or using the Site and/or purchasing and using the Services, you agree to be bound by this Policy and all of the terms incorporated herein by reference. If you do not agree to this Policy, you may not access or use the Site or purchase and use the Services.
This Policy explains how information is collected, used and disclosed by us when you access and use the Site and purchase or use the Services.
We reserve the right to change or modify this Policy at any time and in our sole discretion. If we make changes to this Policy, we will provide notice of such changes, such as by sending an email notification, providing notice through the Site or updating the “Last Updated” date at the end of this Policy. By continuing to access or use the Site or purchase or use the Services, you confirm your acceptance of the revised Policy and all of the terms incorporated therein by reference. We encourage you to review the Policy frequently to ensure that you understand the terms and conditions that apply when you access or use the Site or purchase or use the Services. If you do not agree to the revised Policy, you may not access or use the Site or purchase or use the Services.
2.1 The terms defined in the Terms of Service available at (hereinafter the “Terms”) shall have the same meaning in this Policy.
2.2 “Personal Information” in this Policy shall mean any information that can be directly associated with a specific person and can be used to identify that person.
3.1 Personal Information you provide to us
We collect Personal Information you provide to us when you register your Account, access the Site or purchase or use the Services, fill out any form, request customer support or communicate with us in any other manner. The types of information we, at our discretion, may collect include:
(A) your full name and/or the name of the company you represent;
(B) date of birth or registration date;
(C) passport or registration number;
(D) residential and email address;
(E) telephone number.
We also may request some scanned or depicted documents from you, such as photo of your passport of other identity card to show proof of identity as well as documentation that evidences your proof of address. We also may collect information about a User’s computer or other access devices for fraud prevention, KYC or AML purposes and other information as may be required under the Terms.
We hereby warrant that all such data and documentation is gathered for the purposes of conformity with law and international security practices and regulations and only to the extent required to comply with the above and provide you with the secure, smooth, efficient and customized Services. You are supposed to provide all those data and documents, we request or ask you to provide, to use the Services and the Site. If you use the Site, we or our third-party service provider may collect your payment method and other payment information for use in connection with your payments for storage or payments processing. We do not process any sensitive Personal Information, such as information about one’s religion, race, ethnicity and/or political views.
3.2 Personal Information we collect automatically
Information about your hardware and software may be automatically collected by us. This information can include usage information that includes your interactions with Services, device information, such as unique device identifiers, operating system information, internet service provider, IP address, screen resolution, language, the date and time of each of your log-ins and requests. We can also collect other information under the Terms, but only for the needs of the Services. This information is used for the operation of Services, to maintain quality of the Services, and to provide general statistics regarding use of Services and can be received otherwise.
3.3 Personal Information we collect from other sources
To provide you with the best Services possible, we also may use third party service providers, which we entrust storing data, its collection and analysis. We believe that all third party service providers are important to our effective operation. They have their own privacy policies and their own conditions, whether to collect your data or opt-out from it. We will not seek any of your Personal Information through any other software platforms, data web resources etc., even if this information is necessary for you or your usage of the Site.
3.4 Why we collect Personal Information
Our primary purpose for collecting Personal Information is to provide you with a secure, smooth, efficient, and customized experience.
We will store your Personal Information in [specify country]. However, it may also be stored in other countries, which may have different laws and standards on privacy than those in your country of residence or the country of incorporation of the company you represent. You hereby acknowledge and understand that your Personal Information will be subject to the applicable laws of each such jurisdiction, which may not provide for the same protection. If you disagree with your Personal Information being kept as provided above, please do not purchase and use the Services. If you continue to purchase and use our Services, we will treat this as your acceptance of the terms set out above.
5.1 We collect and use your Personal Information to operate our Services and deliver the Services you have requested. We only store your Personal Information for no longer than is required for the purposes for which the information may be used. In addition, we have the right to compile your Personal Information, as well as remove it from the Site.
5.2 We may use Personal Information for various purposes, including to:
(A) identify our Users;
(B) administer our Services;
(C) develop new products and services;
(D) personalize our Services for you;
(E) send you technical notices and support and administrative messages;
(F) communicate with you about products, services, promotions, events and other news and information we think will be of interest to you;
(G) monitor and analyze trends, usage and activities in connection with our Services;
(H) provide third parties with statistical information about our users (but those third parties will not be able to identify any individual user from that information);
(I) detect, investigate and prevent fraudulent transactions and other illegal activities and protect the rights and property of the Provider and others;
(J) link or combine information we collect from or about you; and
(K) verify compliance with the Terms.
We may share your Personal Information with:
(A) service providers that perform work for us (such as hosting providers, identity verification, support, payment, and email service providers);
(B) in response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law, regulation or legal process;
(C) if we believe your actions are inconsistent with the Terms or our policies, or to protect the rights, property and safety of the Provider or others;
(D) in connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business by another company;
(E) between and among the Provider and its current and future parents, affiliates, subsidiaries and other companies under common control and ownership; or
(F) when we believe, in our sole discretion, that the disclosure of Personal Information is necessary to report suspected illegal activity or to investigate violations of the Terms.
We may also share aggregated or de-identified information, which cannot reasonably be used to identify you.
7.1 You have right to access your Personal Information and to require the correction, updating or deletion of incorrect or/and inaccurate data by contacting us as provided in the Terms. Nevertheless, this request must comply with Terms and other legal obligations that may arise. Upon the accepted request, we will provide you with the Personal Information that we collect and store about you.
7.2 We may also request an update of your Personal Information from you from time to time, in which case you are obliged to provide us with the data and documentation we request.
In accordance with applicable laws and as needed to provide the Services to our Users, we may hold your Personal Information. This requirement is conditioned by the need of complying with legal obligations and resolving possible disputes. We may retain your Personal Information so long as your Account is active and beyond the abovementioned period without limit in time to respond to any issues that may arise later.
We do not sell, rent or lease your Personal Information and/or customer lists to third parties without your explicit consent. We may combine your information with information we collect from other sources and use it to improve and personalize the Services, the content of the Site, and advertising.
We use relevant electronic and procedural safeguards to protect the privacy of the Personal Information you provide from loss, misuse, disclosure, alteration and destruction. However, please note that transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not one hundred percent secure. Please note that we are not liable for the security of any data you are transmitting over the Internet, or third party content as well as for any of your losses associated with such transmission.
The Site is not targeted to children under the age of eighteen and we do not intentionally collect Personal Information from such children. If we discover that such a child has provided us with Personal Information through the Site, we will take reasonable steps to delete the information. If you believe we may have accidentally received Personal Information from a child under eighteen, please contact us immediately.
All aspects of our liability, including applicable limits and other terms and conditions not covered by this Policy, shall be governed by the Terms.