Terms of Service

Updated 27 June 2023 15:50

Updated: June 26th, 2023

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICES SET OUT BELOW. BY CLICKING THE "SIGN UP" BUTTON OR BY ACCESSING OR USING THE SERVICES PROVIDED, YOU CONFIRM THAT YOU HAVE READ UNDERSTOOD AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE, ALL TERMS INCORPORATED BY REFERENCE, AND AGREE TO COMPLY WITH THEM. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU MUST NOT USE THE PROVIDED SERVICES INCLUDING ACCESS TO THE PLATFORM (as defined below).

PLEASE BE AWARE THAT ALL OFFICIAL ANNOUNCEMENTS, NEWS, PROMOTIONS AND COMPETITIONS MAY BE LISTED ON WWW.XGO.COM ONCE YOU LOGIN. YOU UNDERTAKE TO REFER TO THESE MATERIALS REGULARLY AND PROMPTLY. AS FAR AS APPLICABLE LAW ALLOWS, THE OPERATOR (as defined below) WILL NOT BE HELD LIABLE OR RESPONSIBLE IN ANY MANNER OF COMPENSATION SHOULD USERS INCUR LOSSES ARISING FROM IGNORANCE OR NEGLIGENCE OF THE THESE TERMS OF SERVICE OR ANNOUNCEMENTS.

ABBREVIATED TERMS OF SERVICE

In order to assist with the general understanding of these terms of service, below is an abbreviated version, however you will be bound by the full version which follows this section. Should there be any conflict between this abbreviated version and the main terms of service, the main terms of service shall prevail. Please also note that the Full Terms of Service provide important information about how our services work.

Our Services

Our Platform provides You the possibility to save, buy, trade and transfer digital assets (such as bitcoin and ether). You may either buy assets or exchange them for other assets. In addition, we provide a wide range of options for handling the virtual assemblies described in the Full Terms of Service. The range of services available to You will depend in part upon the country of which You are a resident and from which You access.

Eligibility and Acceptable Use

In order to use the Platform's services (the “Services”), You must meet certain eligibility criteria. For example, You must be of legal age (You must be over 18) and of sound mind. In addition, there are certain things You may not do while using the Services, such as engaging in illegal activities, money laundering, cheating, or doing anything that might damage our services, reputation, or systems or the services and systems of others. For more information see "Applicability of Terms and Eligibility" and "Compliance with Local Laws and Sanctions", of the Full Terms of Service, in relation to access from certain locations.

Trading Risks

The use of any financial instruments or similar instruments associated with crypto is always risky. Please read "Rick Disclosure" section carefully and if You wish to engage in special types of trading, such as margin trading, please refer to "Risks of Margin Trading", "Risk of Futures", "Risk of Futures Trading", "Rewards Risks Statement". Please be careful when using the Platform, do not use it if You do not understand any risks or terms or if You are in a position where You cannot make rational decisions. Using the Platform can bring You big profits as well as big financial losses for which you may not have any recourse.

Conditions of Platform Use

Before using the Platform, You will need to register and complete the "Know Your Customer" procedure.

Use common sense and the behaviour of the average reasonable person when using the Platform. Do not cause problems for yourself or others and remember that You may only use the Platform for its intended legitimate purpose. Make sure Your device is connected to a good quality internet connection and has a reasonable level of security. For more information see “Conditions of use for the Platform and electronic communications”.

Other Important Legal Terms

Please note Your obligations in the below Full Terms of Service, which set out the liabilities of both parties and the areas for which we exclude or limit our liability. We strongly urge you to seek professional advice for areas you are not comfortable, prior to signing up to using the Platform.

Privacy

Due to the compliance requirements, we might have to collect and process data about You and Your transactions on the Platform. The operation of the Platform involves a number of third-party service providers and data transfers between certain third-party service providers. We might be required by law in a limited number of cases to disclose the collected information to governmental authorities and officials. For more details see our Privacy Policy.

Contacts

If You have any questions, we can be contacted via our support service at support@xgo.com.

FULL TERMS OF SERVICE

General provisions
1. Applicability of Terms And Eligibility
  1. These Terms of Service and any terms expressly incorporated herein ("Terms") apply to Your access to and use of the websites and mobile applications, clients, applets and other applications (collectively the “Platform”).
  2. Actions performed on the Platform will be facilitated by Max Victory Limited (the Republic of Seychelles). Unless the context requires otherwise, the “Operator”, “we” or “us” for the purposes of these Terms shall mean the company with which You have a legal relationship, as described herein. By continuing the use of the Platform, You authorise the Operator providing the services to You, in each particular case, to subcontract and/or assign the Operator's rights and liabilities to any other person at Operator's discretion. We may update the list of features on the Platform without any additional notification to You as well as set up additional requirements for you to access the certain features.
  3. The Operator for the provision of various services on the Platform in different jurisdictions may be a body corporate as well as unincorporated entities and associations.
  4. The Operator may engage third-party service providers to handle certain operations, transactions, and procedures on the Platform (“Providers”). The terms of operations, transactions, and procedures provided by a specific Provider will be determined by the terms of services and policies of such Provider.
  5. BOTH THE OPERATOR AND PROVIDERS MAY FROM TIME TO TIME BE REPLACED, AS WELL AS THE TERMS OF THEIR ENGAGEMENT WITH YOU, AND BY CONTINUING USAGE OF THE PLATFORM YOU AGREE WITH SUCH CHANGES AS WELL AS WITH THE CHANGE IN THE TERMS OF SERVICES OF THE OPERATOR AND THOSE OF THE PROVIDERS. IT IS YOUR RESPONSIBILITY, IN THE CASE OF ANY DISPUTES, TO CORRECTLY IDENTIFY THE ENTITY WITH WHOM YOU ARE ENGAGED, IN THE PROVISION OF THE SPECIFIC SERVICES AT ISSUE, TO BE A RESPONDENT IN THE DISPUTE RESOLUTION PROCEDURE DEPENDING ON THE SPECIFIC SERVICES YOU USE AND THE PARTICULAR ACTIONS THAT AFFECT YOUR RIGHTS OR INTERESTS.
  6. We can limit access to the Platform and the Services for the users from certain jurisdictions, in particular, the Platform and the Services are not accessible to the residents of the United States of America, North Korea, Sudan, Cuba, Syria and other jurisdictions that (i) are subject to international financial sanctions, such as those of the European Union and the United Kingdom, (ii) directly prohibit or ban its residents from accessing the Platform or the Services (the "Restricted Jurisdictions").
  7. You represent and warrant that You, as of the date of creation of Your account on the Platform and for each time You use the Platform: (a) are not a minor and are of full legal age and civil capacity; (b) were not previously suspended or removed from using the Services; (c) have full power and authority to agree to these Terms and by doing so You will not violate any other agreement to which You are a party; (d) are not a national or resident of any of the Restricted Jurisdictions; (e) are not identified as a sanctioned person in the European Union or the United Kingdom (f) are not a politically exposed person; (g) are not violating any laws applicable in the jurisdiction of Your residence; and (h) meet any other eligibility requirements for the Services at the time of using any of the Services.
  8. If You are registering to use the Services on behalf of a legal entity, You further represent and warrant that (i) such legal entity is duly authorised and validly existing under the Applicable Laws of the jurisdiction of its incorporation; and (ii) You are duly authorised by such legal entity to act on its behalf and specifically to bind it to these Terms.
  9. We can condition Your access to the Platform and certain Services by imposing eligibility requirements. We will disclose the eligibility requirements in the relevant terms and policies and it is Your responsibility to keep yourself updated and familiarise yourself with the relevant requirements. We can from time to time require You to confirm that You remain in compliance with the eligibility requirements applicable from time to time, by providing certain documents to our satisfaction. Our decision with regards to eligibility are final and we will not bear any obligation to justify the decisions.
  10. By clicking on the "sign up" button (or using such other means as may be made available from time to time to create an account or register with the Platform), or by using the Services, You agree to these Terms, which create a legally binding agreement between Yourself and the Operator and such relevant Providers as may provide certain of the Services from time to time, and You provide the warranties and undertakings described in further detail herein.
2. Definitions. The capitalised words in these Terms shall have the meaning assigned to them in this Section I.2, unless otherwise specified or where the context otherwise requires.
  1. "Applicable Law" means any law, rule, statute, subordinate legislation, regulation, by-law, order, ordinance, protocol, code, guideline, treaty, policy, notice, direction or judicial, arbitral, administrative, ministerial or departmental judgement, award, decree, treaty, directive, or other requirement or guideline published or in force at any time which applies to or is otherwise intended to govern or regulate any person (including all parties to these Terms), property, transaction, activity, event or other matter, including any rule, order, judgement, directive or other requirement or guideline issued by any governmental or regulatory authority, which would govern Your use of the Platform and the Services contained therein.
  2. "Asset" means any Digital Asset.
  3. "Business Day" means any day except any Saturday, Sunday or public holiday which banking institutions are open for normal business activities, in the jurisdiction where the transaction or business activity under these Terms is concerned.
  4. "Digital Asset" means such type of assets which can only and exclusively be transmitted by means of block-chain technology, including but not limited to digital coins and digital tokens and any other type of digital media of exchange, such as Bitcoin, Ethereum, Ripple, etc,.
  5. “EU GDPR” means the General Data Protection Regulation, Regulation (EU) 2016/679).
  6. “GDPR” means the EU GDPR and the UK GDPR (as applicable in the circumstances).
  7. “Enabled Device” means a compatible mobile communications device or computer or other device associated with You and used in connection with the utilisation of the Platform.
  8. “KYC” refers to the “know-Your-customer” process required to allow Users to use the Platform and put in place before entering into a business relationship or conducting transactions on the Platform. As part of this process, the Operator may do anything that it deems necessary in order to identify Users, verify their identity, scrutinise and investigate User transactions, or comply with any Applicable Law or regulation.
  9. “Intellectual Property” means patents, rights to inventions, publishing and copyrights, rights in software, trademarks, business, trade names and domain names, rights in goodwill and the right to sue for infringement and passing off, rights to designs, database rights, rights to use, and protect the confidentiality of confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
  10. “Loss” means losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees and the cost of enforcing any right to indemnification hereunder and the cost of pursuing any insurance Providers;
  11. “Malicious Code” means any computer virus, trojan horse, worm, time bomb, or other similar code or hardware component designed to disable, damage, or disrupt the operation of, permit unauthorized access to, erase, destroy, or modify any software, hardware, network, or other technology;
  12. “Margin wallets” refer to special wallets opened by Users on the Platform in a User’s Platform Account to deposit and withdraw collateral (such as margins) in accordance with these Terms, as required for leveraged trading services.
  13. “Platform Account” refers to the foundational virtual account, including main account and subaccount opened on the Platform for Users to record their usage of Services, transactions, asset changes and basic account information.
  14. “UK GDPR” has the meaning given to that term in the UK Data Protection Act 2018.
  15. “User”\“You”\”Your” refers to all individuals, institutions or organisations that access, download or use the Platform or the Services and who meet the criteria and conditions stipulated on the Platform.
  16. The headings of these Terms are for convenience of reference only and shall not affect interpretation of these Terms.
  17. Words in the singular shall include the plural and vice versa.
  18. A reference to one gender shall include a reference to the other genders.
  19. A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.
  20. Any phrase introduced by the terms “including”, “include”, “in particular” or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.

Conditions of use for the Platform and electronic communications
1. Registration and account
  1. In order to access the Services and engage in any trades via the Services, it is necessary to go through the registration and KYC procedure according to the instructions posted on the Platform and provide any information required by the Operator for the provision of the Services or compliance with Applicable Law.
  2. The User's credentials are: login - the User’s email address or Wallet ID; password - a combination of characters, numbers, lower- and upper-case letters at the User's discretion. The User can subsequently change the password manually. If third-party authentication of the Service (OAuth2 protocol) is used, the credentials will be the data transferred from the third-party Service.
  3. When the User creates the Platform Account they agree to:
    1. create a strong password that the User does not use for any other website or online service;
    2. provide accurate and truthful information;
    3. maintain and promptly update the Platform account information;
    4. maintain the security of the Platform Account by protecting the password and by limiting access to the Platform Account;
    5. promptly notify the Operator about any cases of alleged security breach related to the Platform Account;
    6. be solely responsible to the Operator, Providers and any third parties for all activities and transactions which are conducted via the Platform Account;
    7. assume and fully accept the risk of any authorised or unauthorised access to the Platform Account, to the maximum extent permitted by Applicable Law;
    8. enable Two-factor authentication option.
  4. The Operator may, in its sole discretion, limit the number of Platform Accounts that You may hold.
  5. By claiming and binding a Wallet ID, you understand and agree that your Wallet ID and profile information, including your transaction history, may be public and accessible by anyone. Only one Wallet ID can be claimed per Platform Account. A Wallet ID should not be chosen that misappropriates or infringes upon intellectual property rights of others. Moreover, a user may not impersonate another person or entity through use of a Wallet ID. Purchase, sale or rental of a Wallet ID or profile is strictly prohibited. Wallet ID squatting is also prohibited and can result in a Wallet ID being replaced. Once a Wallet ID has been registered it is unable to be changed. We reserve the right to revoke access to your Wallet ID at our discretion without notice. Access to a Wallet ID can be revoked if these terms or the law are violated, or a user is deemed to engage in behaviour that harms our service. A Wallet ID may also be revoked to comply with a legal requirement or court order. Use of a Wallet ID is subject to our Terms of Service and Privacy Statement.

Devices
1. You acknowledge and agree that, it is Your responsibility in connection with Your use of the Platform, at Your own cost and expense:
  1. to obtain and to install all hardware, software and communications services necessary for Your use of the Platform in accordance with these Terms;
  2. to install antivirus or other security software on Your Enabled Device and to protect Your Enabled Device against any vulnerabilities which may arise in connection with Your use of the Platform in accordance with these Terms;
  3. to update the software related to the Platform on the Enabled Device in a prompt and timely manner.
2. Without prejudice to the foregoing and any other terms in these Terms, we assume that any and all orders placed, or instructions received from Your Enabled Device were made by You as its rightful owner.
3. You are solely responsible for keeping Your Enabled Device safe and for maintaining adequate security and control of Your credentials and the Platform Account’s details, and shall likewise be solely responsible for any access to and use of the Platform and the Services through Your Enabled Device, notwithstanding that such access and/or use may have been effected without Your knowledge, authority or consent. We will not be liable to You for any loss or damage resulting from such access and/or use.
4. Should You discover that Your Enabled Device is lost or stolen or has been accessed or used without Your authorisation, You shall notify us as soon as possible of these facts via email at support@xgo.com. In addition, in case of reasonable assumptions where Your Enabled Device has been accessed or used in an unauthorised manner, You should, as soon as possible, reset the login and authentication details of Your Platform Account. We shall not be liable for any losses you may suffer as a result of any unauthorised access to Your Enabled Device.
Electronic communications
1. You assume full responsibility for the security and authenticity of all instructions sent and orders placed via the Platform and You shall be bound by such instructions and orders. We presume that all instructions received from Your Enabled Device via the Platform express Your true and final intention and desire with no need for additional verification.
2. You are aware of and accept the risks connected to the instructions and information being transmitted via the public Internet which is not encrypted or otherwise specifically protected. We make no guarantee that the instructions and information so transmitted will in fact be completely secure and protected against unauthorised access.
3. Any Instructions sent by You to us shall only be deemed to be received by us when we have successfully retrieved such Instructions from the Platform and confirmed the receipt by email. Any Instructions sent by You to any third parties shall only be deemed to have been received by such third parties in accordance with their terms and conditions.
4. You agree that You will be solely responsible for and bear all the risks associated with any damage that may be caused through Your use of the Internet including but not limited to the loss, delay, or distortion of the communication, messages, and instructions to the maximum extent permitted by the Applicable Law.
5. You acknowledge and agree that in the event of any dispute arising in connection with Your use of the Platform, all Your communication, messages, and instructions sent from Your Platform Account or from Your email address registered with the Platform Account of all matters relating to You and Your use of the Platform can be used in the dispute resolution proceedings and that they will be deemed conclusive of their accuracy and authenticity for all purposes.
Rules of Platform Use
1. When accessing or using the Services, You warrant and represent that Your use of the Platform will not constitute and will not cause violation of any Applicable Laws, breach of contract, or infringement of Intellectual Property, and other third-party rights. Without limiting the generality of the foregoing, You specifically agree that You do not and will not:
  1. use the Services in a manner that could negatively affect other user’s experience of using the Services, or that could impair, or disable the functionality of the Services;
  2. use the Services to pay for, support, or otherwise engage in any illegal activity; fraud; money-laundering; or terrorist activities; or other illegal activities;
  3. install any Malicious Code into the Platform;
  4. use or attempt to use another user's Platform Accounts;
  5. use or attempt to access any Services that You are not authorised or qualified to access;
  6. develop or use any software that could potentially interact with the Platform or the Services without our prior written consent;
  7. provide false, inaccurate, or misleading information;
  8. use the Services to manipulate the markets or prices of any Digital Assets;
  9. make commercial use of the Platforms data or transmit the Platform data for ultimate commercial use by third parties unless the commercial use of the Platform data is limited to Your proprietary trading activity on the Platform;
  10. cause or instruct any third party to engage in any of the activities prohibited under this Section II.4.
2. You confirm that the warranties and representations made under this Section II.4 are true and valid at the date of You accepting this Term and shall be repeated every time You are using the Services of accessing the Platform.
Feedback
1. You hereby agree irrevocably to assign to us and we will own all exclusive rights, including rights in Intellectual Property in any feedback, suggestions, ideas, or other information and materials that You provide, whether by email, posting through the Platform, or otherwise regarding the Operator or the Services (the "Feedback") and You acknowledge that the use of the Platform provided under these Terms represents full and adequate compensation for the assignments set out herein.
2. Despite any other arrangements that You may have with the Operator, the Feedback shall not be confidential and any information included in the feedback shall be deemed revealed and released by You for public knowledge. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment and reference to You.
3. You waive any rights You may have in the Feedback.
4. The Applicable Laws in some jurisdictions may not allow the transfer of the rights in the Feedback described in this Section II.5 in which case You agree to provide Us the most full and complete right to utilise the information for the purposes described above and waive and release Us from Your potential monetary claims for compensation or remuneration for such use. Therefore, should the assignment of the rights in the Feedback not comply with Applicable Laws, You hereby grant Us an exclusive licence to use the Feedback in accordance with Our own reasonable requirements.
5. We may in some cases, as may be required by the Applicable Laws, disclose Your identity to any third party who is claiming that any content posted by You infringes their intellectual property rights or privacy. We do not regularly moderate the content that You might post on the Platform, however, we can remove any posting You make on the Platform without an explanation of the reasons for this to You.
6. WE STRONGLY ENCOURAGE YOU NOT TO SEND US THE FEEDBACK IF YOU WANT TO RESERVE THE RIGHTS THAT YOU MIGHT HAVE IN THE INFORMATION CONTAINED IN THE FEEDBACK AND DO NOT WANT THE FEEDBACK TO BE PUBLICLY REVEALED AND DISSEMINATED.
Intellectual Property Rights
1. All Intellectual Property related to the Platform and all the elements thereof, including, without limitation, its “look and feel”, logos and designs, text, graphics, pictures, information, data, software, sound files, other files, content, and materials, and the selection and arrangement thereof (collectively, the "Operator Materials") are our exclusive property.
Licence
1. Subject to Your compliance with these Terms, we hereby grant You a limited, revocable, non-exclusive, and non-sublicensable licence to access and use the Operator Materials for the purposes of Your personal use of the Platform. The licence does not permit
  1. any resale of the Operator Materials;
  2. distribution, public performance or public display of any the Operator Materials;
  3. reverse engineering, modification of the Operator Materials and production of derivative works based on the Operator Materials;
  4. any use of the Operator Materials other than for their intended purposes.
2. The licence granted under this Section II.7 will automatically terminate if we suspend or terminate Your access to the Services. All rights not expressly granted to You under these Terms are reserved to the Operator.
Commercial name and Logo
1. "XGO", the Platform logo, the Operator logo, and any other product or service names, logos, or slogans that may appear on the Platform are our commercial names and identificators and may not be copied, imitated, or used, in whole or in part, without our prior written consent. All other commercial names, unregistered trademarks, registered trademarks, product names, and company names or logos mentioned or displayed through our Services are the property of their respective owners. Reference to any products, services, processes, or other information, by name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.
Third-Party Content
1. While using the Platform, You may view content provided by third parties, including links to web pages of such parties ("Third-Party Content"). We do not control, endorse or adopt any Third-Party Content and shall have no responsibility for Third-Party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable. In addition, Your business dealings or correspondence with such third parties are solely between You and the third parties. We are not responsible or liable for any Loss of any sort incurred as the result of any such dealings, and You understand that Your use of Third-Party Content, and Your interactions with third parties, are at Your own risk. We strongly recommend you read the terms and conditions of these third parties, for which we have no control or input.

Trading rules
1. Risk Disclosure
  1. Digital Assets. Trading in Digital Asset pairs, with their high volatility, carries substantial risk, with the possibility of losing much, if not all, of your investments. It is therefore essential that You carefully consider whether such trading is suitable for You in light of Your knowledge of such trading markets, as well as your own circumstances and financial resources. We bring the following to your attention as examples of some of the main risks associated with the Digital Asset trading:
    1. the Digital Asset market is a relatively new and largely unregulated market. At present, there are many uses by speculators in the Digital Asset market, while the number of retail and commercial uses is relatively small. Trading in Digital Assets carries high risks. The transactions are uninterrupted around the clock, there is no limit on gains or losses, and the prices are susceptible to significant fluctuations due to the influence of market makers, speculators, and government policies of countries. You shall understand and agree that the investment in and transactions of digital assets may lead to partial or total loss of Your assets. Therefore, You shall determine Your use of Digital Assets and the amount of Digital Asset transactions You are comfortable in executing, according to the degree of loss that You can bear, and You shall independently be responsible for any economic loss arising therefrom;
    2. You may sustain a total loss of the assets in Your Platform Account, and, in some cases, You may incur even bigger losses in Digital Assets;
    3. under certain market conditions, You may find it difficult or impossible to liquidate a position. This can occur, for example, when the market reaches a daily price fluctuation limit or there is insufficient liquidity in the market;
    4. placing contingent orders, such as "stop-loss" or "stop-limit" orders, will not necessarily limit Your losses to the intended amounts, since market conditions may make it impossible to execute such orders;
    5. all Digital Asset positions involve risk, and a "spread" position may not be less risky than an outright "long" or "short" position;
    6. the use of leveraged products can work against You as well as for You and can lead to large losses as well as gains. Refer to our "Risks of Margins Trading" section for more information about the unique and specific risks involved with margin transactions.
  2. ALL THE POINTS NOTED ABOVE APPLY TO ALL DIGITAL ASSET PAIRS. THIS BRIEF STATEMENT CANNOT DISCLOSE ALL THE RISKS ASSOCIATED WITH THESE TRADES.
  3. Internet transmission risks. You acknowledge that there are risks associated with utilising an Internet-based platform such as the Platform, including, but not limited to, the failure of hardware, software, and Internet connections. You acknowledge that the Operator shall not be responsible for any communication failures, disruptions, errors, distortions or delays You may experience when trading via or otherwise utilising the Platform, however caused.
  4. Assumption of risk. You acknowledge and agree that You shall access and use the Services at Your own risk, including but not limited to the risks described in these Terms and hold the Operator not liable for any losses You may incur as a result.
  5. No Financial Advice The Operator is not registered as a broker-dealer, intermediary, agent, or investment advisor and has no fiduciary relationship or obligation to You in connection with any trades or other decisions or activities affected by You using the Platform. No communication or information provided to You by the Operator is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice. Unless otherwise specified in these Terms, all trades are executed automatically, based on the parameters of Your order instructions and in accordance with posted trade execution procedures, and You are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for You according to Your personal investment objectives, financial circumstances and risk tolerance, and You shall be solely responsible for any loss or liability therefrom. You should consult legal, financial or tax professionals regarding Your specific situation. The Operator does not recommend that any Digital Asset should be bought, earned, sold, or held by You. Before making the decision to buy, sell or hold any Digital Asset, You should conduct Your own due diligence and consult Your financial advisors prior to making any investment decision. The Operator will not be held responsible for the decisions You make to buy, sell, or hold Digital Asset based on the information provided by the Operator.
2. General Obligations
  1. This Section III.2 applies to all trades, purchases, sales, exchanges, and transfers of every Asset on the Platform.
  2. We can, at any time and in our sole discretion, refuse any trade, purchase, sale, or transfer of an Asset submitted via the Platform, impose limits on the trade, purchase, sale, or transfer amount permitted via the Services, or impose any other conditions or restrictions upon Your use of the Platform for depositing Assets to and withdrawing Assets from Your Platform Account or for buying, selling, or trading Digital Assets without prior notice. For example, we may limit the number of open bids, offers, or orders that You may place via the Platform or we may restrict trades from certain locations. If we exercise the right to refuse a trade, the respective Asset will not be credited to the current Platform Account and we will transfer the same amount of the Asset, less any applicable fees, back to the address from which it was sent.
  3. You may only cancel an offer, bid, or order initiated via the Platform if such cancellation occurs before the Operator executes the transaction; and provided that the Operator does not otherwise place limits on Your ability to cancel an offer, bid, or order initiated by You through the Services. Once Your offer, bid, or order has been executed, You may not change, withdraw or cancel Your authorization for the Operator to complete such transaction on Your behalf. If an order to trade for Digital Asset has been partially filled, You may cancel the unfilled remainder unless the order relates to a market order on the Platform. We reserve the right to refuse any cancellation request associated with a market order once You have submitted such an order. In contrast to exchange orders, all trades are irreversible once initiated. While we may, at our sole discretion, reverse a trade or transaction under certain extraordinary conditions, a customer does not have a right to such a reversal of a trade or transaction.
  4. If You have an insufficient amount of Assets in Your Platform Account to complete a transaction via the Platform, we may cancel the entire transaction or may fulfil a partial transaction using the amount of Assets currently available in Your Platform Account, less any fees payable to us.
  5. It is Your responsibility to determine what, if any, taxes apply to the trades or transactions You complete via the Platform, and it is Your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that the Operator and the Providers are not responsible for determining whether taxes apply to Your trades or for collecting, reporting, withholding or remitting any taxes arising from any trades or transactions.
  6. You agree to pay the Operator the fees specified in the Fees Schedule. The Operator may, in its discretion, update the Fees Schedule at any time. Any updated fees will apply to any sales or other transactions that occur following the effective date of the updated fees. You authorise the Operator to deduct from Your account any applicable fees that You owe under these Terms.
  7. The Operator can, but under no circumstances be obliged to, reverse a User’s transactions if the transactions were made by mistake or resulted from a technical error that the Operator in its absolute discretion considers a legitimate cause for cancelling the transaction.
3. Transferring Digital Assets to the Platform
  1. You may load Digital Assets to Your Platform Account by effecting a transfer of such Digital Assets from any external wallet to the relevant address for Your Platform Account, which will be available on the Platform.
  2. You acknowledge and agree that it is Your responsibility to ensure that:
    1. the correct address for Your Platform Account (as reflected on the Platform) is entered when You effect a transfer of the Digital Assets from Your external wallet to Your Platform Account;
    2. only the Digital Assets that are supported by the Platform will be transferred to Your Platform Account.
  3. You also acknowledge that:
    1. the transfer of any Digital Asset to an incorrect address (i.e. an address other than the correct address for Your Platform Account); or the transfer of any type of Digital Asset that is not supported by the Platform will result in the irreversible loss of such Digital Asset. We shall bear no liability for any such loss of Digital Assets;
    2. a transfer of the Digital Asset to Your Platform Account is only deemed to be confirmed when the balance of the Platform Account has been updated to reflect such transfer.
4. Spot And Transfer
  1. For the conversion between a supported trading pair of Digital Assets, You may place a market order, by specifying the type and amount of the Asset to be converted (a “Spot Market Order”) or a limit order, by specifying the type and amount of the Digital Asset to be converted, the price and the expiry of the limit order (a “Spot Limit Order”).
  2. If You place a Spot Market Order, the Operator may provide a non-binding quote for the conversion (a “Spot Quote”), which the User may accept or decline within such period of time as the Operator may in its sole discretion specify. It is the User’s responsibility to check the competitiveness of the price and decide whether to accept the Spot Quote or not within the specified time. User’s acceptance of the Spot Quote (the “User Trade Request”) authorises the Operator to temporarily lock the User’s Digital Assets that are to be converted until the conversion is completed.
  3. The Platform automatically processes all Digital Asset transfers according to the instruction received from You and does not guarantee the identity of any recipient. You should verify all transaction information prior to submitting Instructions for a Digital Asset transfer to Platform as the Digital Asset Transfer may not be cancelled or reversed once processed by the Operator unless the Operator decides at its sole discretion that the transaction should be cancelled or reversed and is technically capable of such cancellation or reversal. You acknowledge that You are responsible for ensuring the accuracy of any Instructions submitted to the Platform and that any errors may result in the irreversible loss of Your Assets.
  4. The Operator may either accept or reject the User Trade Request at its sole discretion, depending on market conditions and other factors at the relevant time.
  5. If the Operator accepts the User Trade Request, the Operator will guarantee the price (regardless of price movement) as well as the amount it provides to the User and will settle the Digital Assets accordingly. In most cases, the settlement will complete within 10 seconds. But it is sometimes possible that the settlement process takes several hours or even longer, depending on various factors, including market conditions, technical issues, etc. During the process of settlement, the User cannot cancel the conversion or transfer, withdraw, or trade the Digital Asset that is being processed. The Operator shall not be held responsible for potential loss or opportunity cost in connection with any price change of the Digital Asset being processed during this settlement period.
  6. In respect of Spot Limit Orders, The Operator does not guarantee the fulfilment of the limit order, even if the market price hits or crosses the limit price set by the User, as orders are executed subject to market conditions and liquidity. The Operator shall not be held responsible for any potential loss or opportunity cost due to the unsuccessful execution of limit orders in such case.
  7. It is recommended that Users conduct independent research into different Digital Assets prior to conversion. Users bear full responsibility for any profit or loss in connection with their use of the Operator Services.
5. Margin Trading
  1. Unless otherwise specified by the Operator, prior to conducting Margin Trading, You must open a special “Margin\Derivative wallet” and/or complete other related procedures, following the completion of registration and identity verification for Your Platform Account.
  2. In accordance with and subject to this Section III.7, as part of the Services You may receive from Operator extensions of margin in the form of Digital Assets (“margin transactions”) to use to make spot purchases and sales of Digital Assets.
  3. Risks of Margin Trading. Margin Trading is highly risky. As a leveraged trader, You acknowledge and agree that You access and use Margin Trading services at Your own risk, which include but are not limited to:
    1. the liquidity, market depth and dynamics of the trading market fluctuate violently and change rapidly. The use of leverage may work to Your advantage or disadvantage, which may result in major gains or losses as the case may be;
    2. You are not eligible to receive forked currencies split from any blockchain assets in Your Margin wallets, even if You have not engaged in any Margin Trading at all;
    3. Loans carry risk, and the value of Your blockchain assets may decline. If the value of Your assets drops to a certain level, You are responsible for dealing with these market circumstances;
    4. in some market situations, You may find it difficult or impossible to liquidate a position. This may occur, for example, as a result of insufficient market liquidity or technical issues on the Operator;
    5. placing contingent orders does not necessarily limit Your losses to the expected amount, as market conditions may prevent You from executing such orders.
  4. Margin Trading does not have guaranteed measures against losses. You may suffer losses that exceed the amount You deposited into Your Margin wallets.
  5. To start Margin Trading:
    1. You represent and warrant that You are neither a citizen nor a resident of any Restricted Jurisdiction;
    2. You should fully understand and carefully assess the risks associated with Margin Trading, and be fully responsible for any trading and non-trading activities under Your Platform Account and Margin wallets. You should not engage in Transactions or invest any amount that is beyond Your financial capacities;
    3. You are fully responsible for knowing the true status of any position, even if the Operator may present it incorrectly at any time;
    4. You agree to keep enough Digital Assets in Your Margin wallets, as required by the Operator for the User’s engagement in Margin Trading, and promptly repay Your loan in full. Failure to keep enough Digital Assets or to timely repay the outstanding loan may result in forced liquidation of the positions and loss of Digital Assets in Your Margin wallets;
    5. the Operator gives no guarantee of prevention of losses. If Your assets are insufficient to repay the outstanding loan after the liquidation of Your position, You are still liable for any further shortfall of Assets;
    6. the Operator may take measures, in its discretion and on Your behalf, to reduce Your potential losses, including but not limited to, transferring assets from Your Margin wallets into Your Account and/or vice versa;
    7. during the Platform maintenance, You agree to be fully responsible for managing Your Margin wallets under risks, including but not limited to, closing positions and repaying Your Loan.
  6. You agree to conduct all Transactions, Margin Trading on Your own, and be fully responsible for Your activities. The Operator assumes no liability for any loss or damage caused by Your use of the Services or Your unawareness of the risks associated with the use of Digital Assets or with Your use of the Platform.
  7. Margin function. The Operator agrees to establish for Your benefit and in Your name a feature of the Platform for You to receive Assets (“Extended Assets”) from the Operator to make spot trades through Your Platform Account. Your Margin wallets are a component of Your Platform Account.
  8. Margin Extensions and Trades. Subject to the Terms, the Operator agrees to provide to You, and You may obtain from and return to the Operator from time to time, the Assets to support spot transactions (each such provision of the Assets, a “Margin Extension”). No Margin Extension will occur unless You meet or exceed any minimum balance requirements imposed by the Operator for Your Margin wallets. Moreover, notwithstanding anything to the contrary herein, the Operator is under no obligation to make any Margin Extensions to You and may decline a request to initiate a Margin Extension in its sole discretion.
  9. When You use a Margin Extension to effectuate a spot transaction, You are entering into a spot Digital Asset purchase or sale transaction with one or more third-party trader(s) on the Platform exchange (each a “Counterparty”). For example, You might use a Margin Extension from the Operator to buy bitcoin from a Counterparty. In executing such spot transactions, the Operator facilitates the transfer of ownership of the applicable Digital Asset from the Counterparty to You (e.g., the bitcoin in the preceding example -- “Received Assets”) by registering You as the owner of the Received Assets on the Operator’s internal book-entry system.
  10. If You are not (or are no longer) eligible to receive Margin Extensions, each of Your then-existing Margin Extensions will become due and must be terminated:
    1. immediately upon loss of eligibility if such Margin Extension was made earlier than 28 days prior to the date on which You were no longer eligible. If You do not terminate Your Margin Extensions in full within the required time period, then the Operator may treat their Margin Obligation Period as expired, and the terms of paragraph 7.19 of this Section III.7 will apply.
  11. Received Assets. All Received Assets are custodial assets held by the Operator for Your benefit, as described in further detail below:
  12. Ownership. Title to Received Assets shall at all times remain with You and shall not transfer to the Operator, except as provided herein. As the owner of the Received Assets in Your Platform Account, You bear all risk of loss of such Received Assets. None of the Received Assets in Your Platform Account are the property of the Operator. The Operator does not represent or treat Received Assets in Your Platform Account as belonging to the Operator. Except as required by a valid court order, or except as provided herein, the Operator will not sell, transfer, loan, hypothecate or otherwise alienate Received Assets in Your Platform Account unless instructed by You or as otherwise authorised by these Terms. For the avoidance of doubt, and notwithstanding the foregoing, the Operator makes no warranty that Assets in Your Platform Account (including Received Assets) are held by You free and clear of any security interest or other lien or encumbrance.
  13. Control. You control the Received Assets held in Your Platform Account. At any time, subject to outages, downtime, and other applicable policies and the restrictions described in the Terms, You may withdraw Your Received Assets from the Platform.
  14. Terminating Margin Extensions. To terminate a Margin Extension, You must transfer sufficient Assets from Your Platform Account to the Operator through the Platform. The Assets You use to terminate a Margin Extension must be the same asset type as the denomination of the Margin Extension (for example, You must terminate a bitcoin-denominated Margin Extension by transferring bitcoin from Your Platform Account to the Operator through the Platform). If received with respect to Extended Assets (and not Received Assets), You must return any incremental tokens generated as a result of a fork in the digital currency protocol of any Margin Extension or an airdrop of any tokens on the protocol of any Margin Extension. You may terminate a Margin Extension by either:
    1. directing immediately available Assets in Your Platform Account to the Operator; or
    2. selling requisite Collateral Assets (as defined below) or other assets in Your Platform Account on the Platform exchange and applying the proceeds to the termination of the corresponding Margin Extension. Prior to satisfying the corresponding Margin Extension pursuant to the preceding sentence, Received Assets and requisite Collateral Assets may not be otherwise withdrawn from or traded on the Platform.
  15. You agree to maintain in Your Platform Account, at all times during the term of a Margin Extension, a specified minimum amount of a Digital Asset approved by the Operator to qualify as collateral ("Collateral Assets"). This minimum amount of Collateral Assets being the "Maintenance Margin Requirement". The Maintenance Margin Requirement will be defined through the Platform algorithms and You will be notified of any changes to the Maintenance Margin Requirement prior to those changes taking effect. Such notice shall indicate the effective date for those changes.
  16. A list of assets approved by the Operator to be eligible as Collateral Assets will be defined through the Services and certain Digital Assets may only be valued as collateral on a discounted basis. You will be notified of any changes to the list of eligible Collateral Assets or discounts applied to the valuation thereof prior to those changes taking effect. Such notice shall indicate the effective date for those changes.
  17. For purposes of calculating Your compliance with the Maintenance Margin Requirement, the Operator will calculate (subject to any discounts) the market value of Collateral Assets on a continuous basis based on the prevailing value of each Digital Asset on one or more Digital Asset exchanges, including those operated by the Operator. The Operator has discretion to select Digital Asset exchanges for calculating this market value that the Operator, in its reasonable judgement, believes offers a reasonable valuation of a Digital Asset.
  18. You hereby authorise and instruct the Operator, in the event the value of Your Collateral Assets falls below the Maintenance Margin Requirement, to, without further notice to You: (a) place a market order on the Platform exchange, on Your behalf, to sell Your Received Assets and apply the proceeds towards terminating Your Margin Extension(s); and/or (b) liquidate such other Assets in Your account in the manner and amount practicable, in the Operator’s reasonable discretion, to terminate the Margin Extension either in full, or in an amount sufficient, in the Operator’s reasonable discretion, to restore the value of Your Collateral Assets to an amount equal to or exceeding the Maintenance Margin Requirement.
  19. Margin Obligation Period. The last day of a Margin Extension’s “Margin Obligation Period” is the date on which that Margin Extension is due and must be terminated. Generally, the Margin Obligation Period of a Margin Extension is the 365th day after the date that it is made. However, we may, in our sole discretion, modify any existing or future Margin Obligation Periods (i) in accordance with any information we make available on our website or provide to You in any other manner, or (ii) otherwise in connection with our exercise of any of our rights and obligations under these Terms. You may not request extensions to any Margin Obligation Period. We are not required to contact You prior to the expiration of the Margin Obligation Period. You hereby authorise and instruct the Operator, in the event You do not terminate Your Margin Extension in full prior to the expiration of the Margin Obligation Period, to, without further notice to You: (a) place a market order on the Platform exchange, on Your behalf, to sell Your Received Assets and apply the proceeds to the termination of the Margin Extension; and (b) liquidate such other Digital Asset in Your account, in the manner and amount practicable, in the Operator’s reasonable discretion, to terminate the Margin Extension in full.
  20. Payment of Fees
    1. Fees charged on and in connection with any Margin Extension shall be at the applicable rates and methods of computation specified in the Fee Schedule (the “Margin Fees”). If the Margin Fees on any Margin Extension made under these Terms exceeds the maximum rates the Operator may charge under Applicable Law, the parties hereto agree that the Margin Fees shall be reduced automatically to the maximum rates the Operator may charge under Applicable Law.
    2. Upon Your failure to satisfy the Maintenance Margin Requirement, to make any payment of fees when due, including Margin Fees, or to terminate a Margin Extension when required, or upon otherwise materially breaching this Section III.7, Your Margin Extensions shall be immediately due and must be terminated (and any accrued and unpaid fees thereon and any fees and costs of collection must be paid) and, to the extent permitted by Applicable Law and in addition to any other remedies available to it, the Operator, in its sole discretion, may apply the proceeds from the sale of any Digital Assets in Your Margin wallets, whether such Digital Assets are considered Collateral Assets as defined in these Terms or not, first to the payment of any outstanding fees, commissions, charges or other expenses then due to the Operator, and then to the termination of Your Margin Extensions. If Your Platform Account balance becomes negative, You agree to pay the amount of Digital Asset owed to the Operator within 48 hours. You may not trade on a negative Platform Account.
  21. Discontinuance of Margin Extension Services. In exercising its rights under these Terms, the Operator may, irrespective of any Margin Obligation Period for any outstanding Margin Extension, cease making available Margin Extensions for certain Assets for any or all users, or otherwise terminate Margin Extensions for any or all users. You hereby authorise and instruct the Operator, without notice to You, as of the date that the Operator elects, to:
    1. liquidate Your Received Assets, in the manner practicable, in the Operator's reasonable discretion, and apply the proceeds to the termination of the Margin Extension; and/or
    2. liquidate such other Assets in Your account, in the manner and amount practicable, in the Operator's reasonable discretion, to terminate the Margin Extension in full.
6. Perpetual Futures Trading
  1. “Futures” are futures contracts between two users that obligate a user to buy or sell an asset at a specific time, quantity, and price.
  2. Risk of Futures Trading. Futures trading is high risk and by entering into any transactions involving the Futures Trading arrangement You assume the risks of major fluctuations related to the value of Digital Assets, as well as the risk of negative consequences when leverage is used. You acknowledge and agree that You shall not access and use the Futures Trading Services without careful and informed consideration of all the risks and that it is Your sole responsibility to analyse the positions that You are opening using Your Platform Account. You shall not enter into the transactions or commit to the Futures that are beyond Your means and reasonably expected to deter Your personal wealth.
  3. Futures Trade. You can access the Futures Trading Services under the conditions that (a) You have deposited the required amount of the Assets as collateral for the Futures, and (b) Your use of the Services was not restricted by the Operator and You meet the eligibility requirement. The terms and conditions set out for Margins Trading shall be applicable to the Futures Trade with necessary adjustments.
  4. Futures Orders. By submitting an order via the Platform, You authorize and instruct the Operator to:
    1. record a transfer of the respective Digital Assets or Futures,
    2. reserve Your Digital Assets or Futures on Your Platform Account,
    3. charge You any applicable Futures Fees in accordance with the Fees Schedule.
  5. No Brokerage. For the avoidance of any doubt all the records and transactions are executed on the Platform automatically and the Operator does not (a) provide You any broker-dealer services, or (b) act as Your intermediary, agent, advisor, or fiduciary; and (c) does not transfer or exchange any of the Assets.
  6. Exchange rates. Exchange rates are periodic payments between users, calculated based on the difference between the price of a Futures contract and spot prices. You authorize the Operator to undertake all necessary actions to transfer the amounts of Assets required to consummate the transfers between the users under the relevant exchange rate.
7. Rewards Services
  1. The Operator provides You the opportunity to contribute and earn rewards (“Rewards”) on eligible, available and idle account balances You otherwise maintain in Your Platform Account (the “Rewards Programs”).
  2. Forward Looking Statements. The Operator may make available anticipated Reward rates and payment schedules from time to time on or through the Platform (“Implied Rates”). Implied Rates are forward-looking statements that reflect current expectations regarding future events, and involve significant risks and uncertainties, should not be interpreted as and shall not constitute any guarantees of future performance or results and will not necessarily be accurate indications of whether or not such performance or results will be achieved. Forward-looking statements are in no way a form of advice, solicitation or offering of or for the Rewards Program and should not be interpreted as such.
  3. Rewards Distribution. All Rewards earned on Your Eligible Assets will be (a) credited to Your Platform Account in the same Asset as the Eligible Asset contributed by You to the Rewards Program, then (b) automatically contributed to the Rewards Program, whereupon they will be eligible to earn the Rewards, the (f) Rewards will be calculated and rounded down to the nearest number with a decimal precision described at FAQs, as may be updated by the Operator from time to time in the Operator’s sole discretion.
  4. Disabling Rewards. You can disable the Rewards Programs at any time by turning ‘OFF’ the Rewards button. Upon receipt of Your request, we will disable the Rewards instantly; provided that we can require discretionary time in some instances to complete the full process. There’s no requirement to disable the Rewards for You to withdraw the Assets from Your Platform Account. The Platform imposes no lock-up conditions nor penalty for such withdrawals.
  5. Our use of Rewards Assets. You grant us the right, to the fullest extent that we may effectively do so under Applicable Law and without further notice to You, to utilise Rewards Assets in our discretion; provided, that the quantity and type of Your Rewards Assets will be returned to You when You withdraw the Assets under these Terms.
  6. Rewards Risks Statement. The Rewards Program is risky. Before participating in the Rewards Program, it is important to understand its specific and unique risks. The Rewards Program may not suit everyone. You should carefully examine and assess Your objectives, financial resources and risk tolerance to determine whether contributing the Assets to the Rewards Program is appropriate for You. Some, but not all, of the risks and uncertainties associated with the Rewards Program are:
    1. the Operator is not regulated as a bank or other depository institution. Your Platform Account is not a deposit account or a bank account. The Rewards Program is not a depository or bank program and are not covered by insurance or governmental safety programs;
    2. the Operator does not offer securities services, is not registered under the securities laws of any jurisdiction and the Rewards Program has not been and will not be registered under the securities laws of any jurisdiction or otherwise approved by securities regulators in any jurisdiction;
    3. legislative and regulatory changes may adversely affect: (a) the use, transfer, and value of Rewards Assets; (b) the operations and profitability of the Rewards Program; (c) the tax treatment of the Rewards Program; and (d) Your ability to withdraw the Assets;
    4. Rewards are not guaranteed and we reserve the right to adjust Reward rates at our sole discretion.
  7. THE OPERATOR MAKES NO REPRESENTATION OR WARRANTY THAT THE OFF-CHAIN REWARDS PROGRAM IS APPROPRIATE APPROVED FOR USE IN ALL JURISDICTIONS, OR THAT THE TRANSACTIONS AND SERVICES DESCRIBED HEREIN ARE AVAILABLE OR APPROPRIATE FOR ENTRY INTO OR USE IN ALL JURISDICTIONS OR BY ALL PARTIES. YOU SHOULD INFORM YOURSELF AS TO THE LEGAL REQUIREMENTS AND TAX CONSEQUENCES OF USING THE OFF-CHAIN REWARDS PROGRAM WITHIN ALL JURISDICTIONS APPLICABLE TO YOU. WE ARE NOT RESPONSIBLE FOR TAX CONSEQUENCES TO YOU OF PARTICIPATING IN THE OFF-CHAIN REWARDS PROGRAM.
  8. Off-Chain Contributions.
    1. You can contribute Eligible Assets to the Off-Chain Rewards Program by enabling the Rewards if You wish to earn “rewards” on Your Platform Account balances;
    2. You agree to contribute all Eligible Assets to the Off-Chain Rewards Program that comprise available and idle account balances that You initially deposited into Your Platform Account for the purpose of trading the Assets on the Platform as well as all the trading and active order balances;
    3. the Assets You contribute to the Off-Chain Rewards Program (“Rewards Assets”) will be treated as received when displayed as such on the Platform; provided, that we reserve the right to: (a) reject or remove any contribution from the program; (b) establish minimum or maximum contribution amounts; or (c) return any Rewards Assets, at any time and in our sole discretion;
    4. You remain the lawful and beneficial owner of the Rewards Assets and the beneficial owner of additional assets resulting from any applicable (a) network fork that is supported by the Operator and (b) airdrop or similar distribution of Digital Assets that is supported by the Operator; provided, however, that the Operator reserve the right to dismiss and has no obligation to support any particular forks, airdrops or similar distribution, and the conditions of the support remains in all instances subject to the expressed or implied reservations and assumptions of these Terms.
  9. Off-Chain Rewards Reservations. (a) You may earn rewards on Eligible Assets (“Off-Chain Rewards”), however, the Off-Chain Rewards are not guaranteed and the rates and timing of Off-Chain Rewards may vary, (b) the Off-Chain Rewards, if any, will be paid to You by the Operator, and You shall be solely responsible to pay any taxes and report the income as it might be required by Applicable Law, (c) the Off-Chain Reward rates will be determined in the Operator’s sole discretion based on the type of Eligible Assets, market conditions and other risk factors (d) the Off-Chain Reward rates have no relation to and may not be competitive with benchmark interest rates observed in the market for bank deposit accounts.
  10. You understand that applicable transaction fees may change. Current fees can be found at the Platform. Your bank or another payment service provider may charge additional fees in conjunction with Your transaction; however, we do not know the fees charged by Your payment provider. You understand and agree that You are fully responsible for Your payment providers’ fees for all recurring transactions.

Important Legal Terms
1. Liabilities
  1. Disclaimer of warranties. To the maximum extent permitted under Applicable Law, the Services, the Operator Materials and any product, service or other item provided by or on behalf of the Operator are offered on an “as is” and “as available” basis, and the Operator expressly disclaims, and You waive, any and all other warranties of any kind, whether express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, title or non-infringement, or warranties arising from course of performance, course of dealing or usage in trade. Without limiting the foregoing, the Operator does not represent or warrant that the Platform, the Services, or the Operator Materials are accurate, complete, reliable, current, error-free, or free of viruses or other harmful components. The Operator does not guarantee that any order will be executed, accepted, recorded or remain open, save for the express statements, agreements and rules set forth in these Terms, You hereby acknowledge and agree that You have not relied upon any other statement or agreement, whether written or oral, with respect to Your use and access of the Operator services. without limiting the foregoing, You hereby understand and agree that the Operator will not be liable for any losses or damages arising out of or relating to:
    1. any inaccuracy, defect or omission of Digital Assets’ price data;
    2. any error or delay in the transmission of such data;
    3. interruption in any such data;
    4. regular or unscheduled maintenance carried out by the Operator and service interruption and change resulting from such maintenance;
    5. any damages incurred by other users’ actions, omissions or violation of these terms;
    6. any damage caused by illegal actions of other third parties or actions without authorisation by the Operator; and
    7. other exemptions mentioned in disclaimers and the Terms.
  2. Disclaimer of damages and limitation of liability. To the maximum extent permitted by Applicable Law, in no event will the Operator, its affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors be liable for any incidental, indirect, special, punitive, consequential or similar damages or liabilities whatsoever (including, without limitation, damages for loss of data, information, revenue, profits or other businesses or financial benefits) arising out of the Operator services, any performance or non-performance of the Operator Services, or any other product, service or other item provided by or on behalf of the Operator and its affiliates, whether under contract, statute, strict liability or other theory even if the Operator has been advised of the possibility of such damages, except to the extent of a final judicial determination that such damages were a result of the Operator’s gross negligence, fraud, willful misconduct or intentional violation of law. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to You. Notwithstanding the foregoing, in no event will the liability of the Operator, its affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors arising out of services offered by or on behalf of the Operator and its affiliates, any performance or non-performance of the Operator services, or any other product, service or other item, whether under contract, statute, strict liability or other theory, exceed the amount of the fees paid by You to the Operator under these Terms in the twelve-month period immediately preceding the event giving rise to the claim for liability.
  3. The management of Assets during the maintenance. During maintenance of the Platform, or at any other time when we deem appropriate, You agree that we will be fully responsible for managing Your pledged assets in the event of a risk as unilaterally determined by us, including but not limited to closing a position and repaying the principal, interests, and related expenses of Loans. If the risk control measures (such as closing a position) taken by us still fail to make up for all the losses incurred in providing the Services to You, we reserve the right to take other remedy measures (including but not limited to freezing and deducting the Digital Assets in Your Platform account and other accounts) and the right to further investigate Your legal liabilities.
2. Indemnification
  1. You agree to indemnify and hold harmless the Operator and his Providers, their affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to
    1. Your use of, or conduct in connection with the Platform, where such use or conduct is in breach of these Terms, or such other terms as notified to You from time to time;
    2. Your breach or our enforcement of these Terms; or
    3. Your violation of any Applicable Law, regulation, or rights of any third party during Your use of the Platform. If You are obligated to indemnify the Operator, its Providers their affiliates, contractors, licensors, and their respective directors, officers, employees or agents pursuant to these Terms, the Operator will have the right, in its sole discretion, to control any action or proceeding and to determine whether the Operator wishes to settle, and if so, on what terms.
3. Termination
  1. Suspension of Platform Accounts. You agree that the Operator shall have the right to immediately suspend Your Platform Account (and any accounts beneficially owned by Your related entities or affiliates), freeze or lock the Assets in all such accounts, and suspend Your access to the Platform for any reason including if the Operator suspects any such accounts to be in violation of these Terms, our Privacy Policy, or any Applicable Laws and regulations. You agree that the Operator shall not be liable to You for any permanent or temporary modification of Your Platform Account, or suspension or termination of Your access to all or any portion of Platform Services. The Operator reserves the right to keep and use the transaction data or other information related to such Platform Accounts. Your Platform Account may also be accessed by the Operator and respective third parties in the following cases:
    1. the Platform Account is subject to a governmental proceeding, criminal investigation or other pending litigation;
    2. we detect unusual activities in the Platform Account;
    3. we detect unauthorised access to the Platform Account;
    4. we are required to do so by a court order or command by a regulatory/government authority.
  2. Cancellation of The Platform Accounts
    1. The Operator shall have the right to terminate the provisions of Services and availability of the Platform to You, by deleting Your Platform Account, and shall have the right but not the obligation to permanently freeze (cancel) the authorizations of Your Platform Account on the Platform and discontinue the Platform Account thereof:
      1. after the Operator terminates Services to You;
      2. You allegedly register or register in any other person’s name as a the Platform;
      3. the information that You have provided is inaccurate, outdated or incomplete;
      4. when these Terms are amended, You state Your unwillingness to accept the amended Terms by applying for cancellation of Your Platform Account or by other means;
      5. You request that the Services be terminated; or
      6. any other circumstances where the Operator deems, in its reasonable opinion, it should terminate the Operator Services.
  3. Should Your Platform Account be terminated, the account and transactional information that meet data retention standards will be securely stored for 5 years. In addition, if a transaction is not completed during the Platform Account termination process, the Operator shall have the right to notify Your counterparty of the situation at that time. You acknowledge that the Platform Account termination initiated by You will also be subject to the termination protocol stated above including the corresponding limitations to the right “to be forgotten” under GDPR or other equivalent regulations.
  4. If the Operator becomes aware that any of the Assets held in Your Platform Account are stolen or otherwise are not lawfully possessed by You, the Operator can, but has no obligation to, place an administrative hold on the affected Assets and Your Platform Account. If the Operator does lay down an administrative hold on some or all of Your Assets or on the Platform Account, the Operator can maintain such hold until the dispute has been resolved and the Operator has been presented with evidence of the resolution of the dispute in a form acceptable to the Operator. The Operator shall have no obligation or liability to be involved itself in any such dispute or the resolution of the dispute. You agree that the Operator will have no liability or responsibility for any such hold, or for Your inability to withdraw Digital Assets or execute trades during the period of any such hold.
4. Remaining Assets
  1. Except as set forth in paragraph 5.1. below, once a Platform Account is closed/withdrawn, all remaining account balances (which includes charges and liabilities owed to the Operator) will be payable immediately to the Operator. Upon payment of all outstanding charges to the Operator (if any), You will have 5 business days to withdraw all Assets from the account.
  2. The Operator maintains full custody of the Assets, and Your data/information which may be turned over to governmental authorities in the event of accounts’ suspension/closure arising from fraud investigations, investigations of violation of law or violation of these Terms.
5. Dormant Accounts
  1. Notwithstanding any provision of these Terms, the Operator can provide a written notice requiring You to close all of Your open positions and withdraw all of Your Assets from Your Platform Account within thirty (30) days of the notice and if You fail to observe and comply with the requirements, the Operator can in its absolute discretion and without prior notice:
    1. deem Your Platform Account as a dormant account;
    2. close any open positions;
    3. convert the Assets to a different type of Asset. For the avoidance of doubt, none of the Providers or the Operator shall be liable for any loss of profit, tax obligations or any other loss, damage or expense incurred by You resulting from such conversion;
    4. transfer such dormant account (including any Assets contained therein) to an affiliate of the Providers. In the event that such transfer has taken place, You have the right to retrieve Your digital assets, subject to satisfying the Operator’s verification requirements, including completing KYC, provided, however, that this right shall be terminated once the transfer described in this Section IV.5 is completed;
    5. charge a dormant account fee to cover the cost of maintaining the Assets by the Providers, its affiliates or any third-party and such fee shall be withdrawn directly from the dormant account on a monthly basis;
    6. close a dormant account at any time, and the Operator will not be liable for any loss, damage or expense incurred by You as a result of the closure of a dormant account unless there was fraud or willful misconduct by the Operator. Any assets in these dormant accounts will be transferred in accordance to paragraph 5.1.4 above. After a dormant account is closed, it cannot be reactivated by You (i.e. You will need to register a new Platform Account if You wish to continue to use the Platform).
6. Compliance with Local Laws and Sanctions
  1. It is Your responsibility to abide by local laws in relation to the legal usage of the Platform in Your jurisdiction as well as other laws and regulations applicable to You. You must also take into consideration all aspects of taxation, the withholding, collection, reporting and remittance to the appropriate tax authorities. YOU ACKNOWLEDGE AND DECLARE THAT YOUR ASSETS HAVE A LEGITIMATE SOURCE AND DO NOT ORIGINATE FROM ILLEGAL ACTIVITIES; YOU AGREE THAT THE OPERATOR HAS A RIGHT TO REQUIRE YOU TO PROVIDE THE NECESSARY INFORMATION AND MATERIALS TO VERIFY THE LEGALITY OF THE SOURCES AND USE OF YOUR ASSETS.
  2. The Operator cooperates with law enforcement authorities globally and will not hesitate to seize, freeze, or terminate the Platform Accounts and Assets which are flagged out or investigated by the authority holding a respective legal mandate.
  3. Unless authorised or exempted from the regulation, the Platform may not be used to deposit, withdraw or conduct trades or transactions in Assets or to engage in any other service by or with an entity or individual located, organised or resident in a Restricted Jurisdiction as it is updated from time to time.
7. PLEASE READ THE FOLLOWING SECTIONS IV.8 to IV.9 CAREFULLY, AS IT INVOLVES YOU WAIVING CERTAIN RIGHTS TO BRING LEGAL PROCEEDINGS, AGAINST THE OPERATOR INCLUDING A CLASS ACTION WAIVER.
8. Notice of Claim and Dispute Resolution Period.
  1. We strongly encourage You to contact us directly in case You have any complaints and claims concerning the alleged breach of these Terms or Applicable Laws by the Operator. We would like to address Your concerns without resorting to formal legal proceedings. If You believe that You have a legitimate claim against the Operator, then You should contact the Operator to initiate mediation of this claim by the Operator.
  2. If the dispute cannot be resolved by negotiations to satisfaction of the Parties, and You wish to assert a legal claim against the Operator, then You agree to set forth the basis of such claim in writing in a “Notice of Claim” as a form of prior notice to the Operator. The Notice of Claim must
    1. describe the nature and basis of the claim or dispute,
    2. set forth the specific relief sought,
    3. include Your email registered for the Platform Account.
  3. The Notice of Claim should be submitted to the email address provided to You for this purpose by the Operator. After You have provided the Notice of Claim to the Operator, the dispute referenced in the Notice of Claim may be submitted by either the Operator or You to arbitration in accordance with Section IV.9.
  4. For the avoidance of doubt, the procedures described in paragraphs 8.2.and 8.3 above are necessary prerequisites to commencement of an arbitration proceeding (or any other legal proceeding). During the arbitration, the amount of any settlement offer made by You or the Operator shall not be disclosed to the arbitrator.
9. Governing Law and Jurisdiction
  1. Any dispute, claim, or controversy between You and the Operator arising in connection with or relating in any way to these Terms or to Your relationship with the Operator (whether based on contract, tort, or statute, and whether the claims arise during or after the termination of these Terms) (the "Dispute") shall be governed unless otherwise provided governed by the laws of the entity as set out in accordance with the entity providing the service in question, as indicated at the beginning of these terms and conditions, but for the avoidance of doubt shall be that of the Republic of Seychelles without reference to the conflict of laws rules.
  2. All disputes arising out of or in connection with these terms and conditions shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules.

For the avoidance of doubt the arbitration in each case shall be administered in accordance with the rules of the arbitration institution indicated in this paragraph 9.2, by one arbitrator chosen by the Operator and the language of the arbitration shall be English.

CLASS ACTION WAIVER. YOU AND THE PLATFORM WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST EACH OTHER AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (A) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOT WITHSTANDING ANY OTHER PROVISION IN THESE TERMS); AND (B) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION..

MISCELLANEOUS
1. Severability. If any portion of these Terms becomes invalid or unenforceable in any applicable jurisdiction, these Terms shall remain valid and enforceable and the invalid or unenforceable provisions of the terms shall have effect to the greatest extent permitted by the Applicable Law; and the general rules of the Terms as they described there to remain intact and their meaning undistorted.
2. Force Majeure Events.
  1. The Operator shall not be liable for
    1. any inaccuracy, error, delay in, or omission of any information, or
    2. the transmission or delivery of information;
    3. any loss or damage arising from any event beyond the Operator's reasonable control, including but not limited to flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labour dispute, accident, action of government, communications, power failure, or equipment or software malfunction or any other cause beyond the Operator's reasonable control (each, a "Force Majeure Event").
  2. In the event of any Force Majeure Event (as defined in this Section V.2), breach of these Terms, or any other event that would make provision of the Services commercially unreasonable for the Operator, We may, in our discretion and without liability to You, with or without prior notice, suspend Your access to all or a portion of the Platform and our Services. We may terminate Your access to the Platform and the Services in our sole discretion, immediately and without prior notice, and delete or deactivate Your Platform Account and all related information and files in such account without liability to You, including, for instance, in the event that You breach any of these Terms. In the event of termination, the Operator will attempt to return any Assets stored in Your Platform Account not otherwise owed to the Operator, unless the Operator believes You have committed fraud, negligence or other misconduct.
3. No Agency or Partnership. The Operator is not an agent of Yours and no provision of these Terms shall be interpreted as establishing a joint venture, partnership, or another type of cooperation between You and the Operator.
4. Entire Agreement. These Terms constitute the entire agreement between You and the Operator regarding the matters described herein and will supersede all prior written or oral agreements between You and the Operator.
5. Interpretation and Revision. The Operator reserves the right to alter, revise, modify, and/or change these Terms at any time. All changes will take effect immediately upon being published on the Operator websites. While we shall take reasonable efforts to notify you of any such changes, it is Your responsibility to regularly check and consult with the relevant pages on our websites/applications to familiarise yourself with the latest version of these Terms. If You do not agree to any such modifications, Your only remedy is to terminate Your usage of the Platform, discontinue Your usage of the Services, and cancel Your account. You agree that, unless otherwise expressly provided in these Terms, the Operator will not be responsible for any modification or termination of the Operator Services by You or any third party, or suspension or termination of Your access to the Operator Services.
6. Headings. Headings of Sections and paragraphs are for convenience only and shall not affect interpretation of these Terms.
7. Assignment. You may not assign or transfer any right to use the Platform or any of Your rights or obligations under these Terms without prior written consent from the Operator. The Operator may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without any notice to You or without obtaining Your consent or approval.
8. Waiver. The failure to exercise any of the rights or remedies under these Terms shall not constitute a waiver of the respective rights and claims and shall not prevent You or the Operator from seeking the lawful relief and fulfillment of the respective rights or claims expressly waived under these Terms.
9. Third-Party Website Disclaimer. Any links to third-party websites from the Platform do not imply endorsement by the Operator of any product, service, information, or disclaimer presented therein, nor does the Operator guarantee the accuracy of the information contained there. If You suffer loss from using such third-party products and services, the Operator will not be liable for such loss. In addition, since the Operator has no control over the terms of use or privacy policies of third-party websites, it is Your responsibility to read, understand and observe those policies.
10. Survival. All terms and conditions which by their very nature should survive any termination or expiry of these Terms will survive.
11. Privacy. Access to the Operator Services will require the submission of certain personally identifiable information. Please review the Operator’s Privacy Policy for a summary of the Operator’s guidelines regarding the collection and use of personally identifiable information.
12. Contact Information. For more information on the Operator, You may refer to the company and licence information found on the Operator’s websites. If You have questions regarding these Terms, please feel free to contact the Operator for clarification via our support team at support@xgo.com

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