Terms and Conditions

Terms and Conditions

Last update 03.13.2023

This is a legal agreement ("Agreement") between Capital Holding Europe UAB (Cashship Exchange), address: Address: Žalgirio str. 88-101, Vilnius, LT-09303, Lithuania, Company number 306253091, License number: pending dated pending (hereinafter, "Company", "we", "us", "our") and any individual, legal entity, or other corporate entity ("Client", "You", "your") who has registered in our website www.exchange.cashship.com.(hereinafter, the "Services") to access and/or use the exchange platform named "Cashship Exchange" on the Website (the "Exchange Platform") and/or any services provided through the Website and the Exchange Platform (hereinafter, the "Services").

By accessing and/or using the Website, the Exchange Platform, and/or any Services available through them, You acknowledge that You have carefully read and understood this Agreement (along with other documents uploaded on our Website and/or otherwise provided by the Company), the integral parts of the Agreement, as detailed below, and agree to be bound by its provisions. Your consent represents, warrants, and certifies that any information you supplied during registration and/or at our request is true and accurate. 

You agree to keep the Company informed of any changes to the information you submitted during the application process and/or at any time subsequently, and you agree to do so as soon as possible but in any event within one month. We may request documents or other evidence from you at any time in accordance with our AML & KYC policy and internal procedures. The Company shall not liable for any direct or indirect damage or adverse repercussions arising from inaccurate information you provided. 

You may only use the Website, the Exchange Platform, and our Services if it is legal in your place of residence to do so. You represent and warrant that registering on the Website, opening an account(s), and/or receiving any Service(s) from the Company, as stated below, and/or using the Exchange Platform and/or any Service(s) does not violate any law or regulation applicable to you.

1. PURPOSE OF THE AGREEMENT

This Agreement specifies the terms and conditions applicable to the provision of Services to the Client through the Exchange Platform and/or the Website. In order to make use of the Services, you must first complete the necessary KYC steps as outlined in our AML&KYC policy.

1.2. The Company offers the following services to KYC-compliant clients: 

1.2.1. Maintain the Client's website trading room; 

Cryptographic wallet maintenance; 

1.2.3. Process exchange and trading transactions between Clients, inside the Exchange Platform, to exchange different cryptocurrencies and/or blockchain tokens (hence, the "Virtual Currencies"); The Company provides the services specified in clause 1.2 only to Individuals who have already opened an account, but the Company does not open accounts for new clients: Individuals; 

1.4. AML&KYC requires enhanced KYC for corporate and institutional clients. Special conditions may apply to them by signing the respective agreement with the Company, although this Client Agreement applies to them in the section that does not contradict the special conditions; 

1.5. Trading is done through the Company's API platforms; 

1.6. Any of the accounts hereinafter may be identified as "Account" or "Accounts"; they are not bank accounts and the assets stored therein shall not accrue interest; 

1.7. A registered Trading Room holder owns the Account(s)' Assets. Only the Trading Room holder has authority to the Account's Assets (s). You may not assign or transfer Your Account(s) and/or Trading Room or grant any third person a legal or equitable interest therein; 

1.8. The Account may temporarily hold fiduciary currency for cryptocurrency transactions. Fiat and cash storage services are prohibited by legal provisions. Thus, the fiat currency Account is only temporary, and the Client must withdraw any fiat money from the Account. If we believe you are breaching this Agreement, we may require the withdrawal of fiat cash from your Account; 

1.9 No escrow services are offered by us. You are completely responsible for the security of the assets in your wallets, and we advocate storing cryptocurrencies in secure wallets outside the Exchange Platform; 

1.10. Only Company-accepted Assets can be used for Client-Client and Client-Company transactions. The Company will not accept third-party transfers or withdrawals from the Client's Account(s); 

1.11. You are accountable for all Trading Room activity. Any unauthorized use of Your Trading Room and/or Account(s) or other security breach must be reported immediately. While we may employ some monitoring methods to alert us to fraudulent activity, we are not liable for any unauthorized use of Your Trading Room and/or Account(s), and You acknowledge that You are responsible for such usage and for keeping Your password; 

1.12. Before withdrawing Assets from Your Account, we may check for money laundering, terrorist funding, fraud, and other unlawful actions (s). For these purposes, We may require more information, including verification documents within Our conditions. When appropriate, the Company may conduct extended due diligence for corporate and institutional clients; 

1.13. Fraud and money laundering are illegal uses of trading rooms and accounts. We report suspected activity to law enforcement. You cannot misuse, exploit, or circumvent usage limits using your account(s);

1.14. If you conduct and/or attempt to conduct any transaction in violation of this Agreement, or if we suspect that funds (including cryptocurrency) originate from a high-risk source, we reserve the right to: reverse the transaction(s); block and/or suspend Your Accounts, or any of them; report the transaction(s) to the appropriate law enforcement agency; claim damages; and charge you an administrative fee. 

1.14. By using the Website, the Exchange Platform, and/or the Services, you represent that such use is lawful in your local jurisdiction and agree that you will not use them if they are prohibited by or violate the laws of the country, state, province, or other jurisdiction in which you reside or are a citizen; 

1.15. Website features may vary by location. You are responsible for compliance with all local regulations and laws in the location from which you access the Website. 

1.16. You acknowledge and accept that by completing trade transactions on the Exchange Platform, you are negotiating and trading with other clients, and we operate only as a mediator.

1. RISK ACCEPTANCE

The Company executes transactions without advising on their tax implications. Our Risk Disclosure Statement, which is part of this Agreement, outlines the legal dangers and risks associated with trading and other relevant transactions with Virtual Currencies. Before using our Services, Client should also know: 

2.1.1. Risks associated with virtual currency are high. Each Virtual Currency has unique characteristics that affect its value fluctuations. The Company cannot control regulatory activity, market manipulation, or unexplained price fluctuation, which may impair market liquidity for a particular Virtual Currency. Errors, hard forks, and other unforeseeable events may bring blockchain networks offline. The Company does not assume the risk of loss from trading or outside factors affecting blockchain network operation. Active trading is not recommended for Clients with limited trading expertise and low risk tolerance. Never trade more than you can afford to lose while speculating on asset values;

2.1.2. Virtual currencies demand technical expertise and are often presented using technical terminology that demands a deep background of applied cryptography and computer science to understand the risks. The inclusion of a Virtual Currency on the Exchange Platform does not imply approval or disapproval of the underlying technology, and should not be used as a substitute for Your personal awareness of the risks of each Virtual Currency. We do not guarantee the suitability of the Assets supplied for trade/transaction under this Agreement and do not have any fiduciary obligation toward the Client; 

2.1.3. Client(s) accepts all Asset delivery consequences. For example, an address may have been recorded mistakenly, and the genuine owner of the address may never be located; or an address may belong to an entity that will not return Your Assets; or an address may belong to an entity that will return Your Assets but needs action on Your part, such as identity verification. Occasionally, transactions cannot be undone. By sending Assets to a specified address, you agree to permanently surrender control over those Assets and assume all associated risks.

2.1.4. Our Risk Disclosure Statement indicates the risks of trading/transacting with Assets. By entering into any transaction through Your Trading Room, on the Trading Platform, or in any of Your Accounts, You warrant and represent that You have been, are, and will be solely responsible for independently assessing and investigating the risks associated with the relevant transactions and the underlying Assets. You represent that You have sufficient knowledge, market expertise, and/or experience, based on expert advice or otherwise, to evaluate the merits and risks of any transaction and/or underlying Asset; 

2.2 It is your responsibility to follow all laws that may be applicable to you. You acknowledge that Company is not responsible for deciding which laws apply to Your transaction(s), including tax legislation. You are entirely responsible for reporting and paying taxes related to Your use of the Services; 

2.3. The Company does not provide guidance on financial market exposure. If the Company and/or its representatives provide trading suggestions, market commentary, or other information, it is incidental to your relationship with us and does not impose any obligation of truth or due diligence on them; 

2.4. Check your account(s) balances and transactions regularly. Contact Client Service immediately to report any inconsistencies or requests; 

2.5. Virtual Currency blockchains may "fork" (see "Forks"), and we may not support the forked Virtual Currency; 

2.6. You are solely responsible for assessing whether any planned transaction is suitable for You based on Your personal objectives, financial status, and risk tolerance.

1. CLIENT'S TRADING ROOM, DEPOSIT AND WITHDRAWAL OF ASSETS

3.1. Enter your login credentials to access your trading room on the website after registering. The Trading Room has asset data. The Trading Room also allows simple account opening; 

3.2. Visit the Website, log into Your Trading Room, and follow the "deposit instructions" to deposit Assets. Your Trading Room will hold your transferred/deposited Assets. 

3.3. You may withdraw all or part of the Assets in Your Trading Room at any time by following the procedures in the Trading Room; 

3.4. You may withdraw all or part of Your accessible and unlocked assets, provided that enough assets remain to fund any current/pending order/transaction (if applicable).

1. ACCOUNT AND EXCHANGE PLATFORM TRADE OPERATIONS

4.1. The Account is an electronic facility that enables you to utilize the Exchange Platform and the Exchange Services associated with it. The Company allows the Client to use the Exchange Platform to exchange Assets with each other and/or between clients at the prices defined by the Company's clients, subject to the terms specifically set forth below regarding the Accounts. 

4.2. For the avoidance of doubt, the Company does not distribute Assets to its clients and does not act as a counterparty to the exchange transaction(s) with its clients. Instead, the Company provides its clients with access to the technological facility (the Exchange Platform) and the corresponding Asset exchange services to exchange their Assets with each other and/or with other clients.

4.3. After registering, the Client receives an email with Account details. After opening the Account, You can sell Your Account's Assets to other Company clients by generating exchange orders and following the Trading Room's instructions. The Trading Platform automatically matches Clients' price purchase and sell orders. The Exchange Platform automatically matches Asset bids and offers. The exchange order is performed and erased immediately after a match.;

4.4. By making the exchange order, You enable the Company to automatically transfer the exchanged amounts, i.e. credit Your Account with the Asset You sold and debit Your Account with the Asset You bought, once a match is made. Your order to exchange currency will be completed as soon as possible, and you will be notified. Only place an exchange order if you intend to execute it. 

4.5. You hereby irrevocably accept and understand that the Company may partially fulfill an Exchange Order placed by You using the Exchange Platform. 

4.6. The Client may not cancel an Exchange Platform exchange order. The Company will not reverse a completed exchange order at the Client's request unless otherwise stated herein. Before matching one or more change orders, client may delete, cancel, or modify change orders.

4.7. The Company may always assume that exchange orders are valid and error-free. 

4.8. The Exchange Platform's record keeping mechanism will confirm each change order and display it in the terminal history. 

4.9. Asset exchange transactions between clients are not the responsibility of the Company. You accept all risks involved with Exchange Platform asset exchange transactions. The Company is not liable for customer transaction issues. The Company cannot guarantee that the buyer and seller will find an acceptable exchange offer to sell and/or buy. 

4.10. The Company may verify the Client's transaction(s) at any time if price manipulation is suspected. If such manipulation is confirmed, the Company reserves the right to block the Client's Account(s) and assess a financial penalty based on the damage done. This Agreement defines price manipulation as the Client and/or an organized group of Clients using numerous accounts in parallel to get a better price to enrich themselves.

1. CHARGES AND FEES 

5.1. The Company shall charge for Client-initiated exchange transactions (hereinafter referred to as the "Exchange Fee"). Website Exchange Fees are listed. 

5.2. The blockchain may charge gas for virtual currencies and payment system fees for fiat currency in addition to the Company's fees. The Company will not pay such expenses for the Client. 

5.3. A loyalty program may provide Clients reduced exchange rates. Loyalty programs will be listed on the Internet or in the trading room, but the Company may change or discontinue them at any time. 

5.4. The Company may adjust Exchange Rates and payment arrangements. After the Website update, these changes and/or updates will take effect. You may terminate this Agreement if You disagree with the stated changes and/or revisions. Your initial use of Your Account after any changes to this Agreement or the Exchange Fee posted on the Website shall indicate Your acceptance of any such changes. 

5.5. Exchange Fees can be deducted from Account Assets. You authorize the Company to charge and/or deduct Exchange Fees from your Account for Client transactions conducted through the Exchange Platform. 

5.6. The rewards program charges, costs, expenses, fees, and conditions may vary without notice. The Client allows the Company to remove the amount of such charges, costs, expenses, and fees from the Merchant Room or Account(s) of the Client as incurred or as determined by the Company at its sole and absolute discretion (s). 

5.7. Buyers and sellers shall pay exchange fees. 

5.8. For the avoidance of doubt, the Client remains accountable for all charges/costs/expenses/fees incurred by the Company regarding the Client's requests, claims, and/or complaints if they could not be comprehensively addressed without third parties.

1. RIGHTS AND RESPONSIBILITIES OF THE COMPANY

6.1. Client accepts the following Company rights: 

6.1.1. Reject, cancel, remove, or alter Client exchange and commercial orders and transactions. 

6.1.1. Client Account blocking. 

6.1.3. To furnish the Account(s) with any transactions the Company considers essential for the Services under this Agreement. 

6.1.4. To restrict access to, impose limits on, suspend, cease, or terminate usage of the Exchange Platform (including Client's API use), whether in general or of particular Assets, transactions, and/or Clients, or to interrupt the transmission of any and/or all information. 

6.1.5. At its sole discretion, the Company may refuse to arrange and/or proceed with any transaction and/or refuse access to the Trading Room and/or Exchange Platform for any of the following: 

6.1.5.1. Total or partial failure of the Website and/or Exchange Platform, including the technology and/or any of the communication channels linking them to the Client and/or any of the counterparties, or any other circumstances deemed impossible to use them. 

6.1.5.2. Website/exchange platform security breach. 

6.1.5.3. Extraordinary events, including Exchange Platform order errors. 

6.1.5.4. A material breach by the Client of this Agreement or any other agreement with the Company. 

6.1.5.5. Client's failure to comply with any applicable law. 

6.1.5.6. Market and/or asset/derivative conditions (at the sole discretion of the Company). 

6.1.5.7. Non-liquidity. The Company may take action under this section for as long as it deems necessary. 

6.1.5.8. The Client places trade orders at prices the Company considers far below or above market prices. The Company considers them fraudulent. 

6.2. The Company reserves the right, in its sole discretion, to block the Client's Trading Room and/or any Client's Account and prohibit any activity, including withdrawals, for the period defined by the Company, in its sole discretion, required for the conduct of the in-house investigation. 

6.3. In order to display prices quickly for speculative trading, the Company may have to use the available price, which may be wrong. The Company may terminate or change the Client's Account trade within a reasonable period and explain the actions taken. 

6.4. The Company may adjust price feeds, settings, and content at its discretion, including: 

6.4.1. The Exchange Platform's placement, routing, matching, and processing parameters and protocols. 

6.4.2. The Exchange Platform's Asset availability at any time. 

6.5. If a dispute arises, the Company maintains the right to seek third-party advice and/or conduct the respective investigation, expertise, and/or analysis, including possible fee charges, and apply such expenses to the Client in accordance with this Agreement. 

6.6. The Company will try to complete Client transactions. The Client knows that the Company cannot guarantee the implementation of the Client's orders and requests and will not hold the Company liable for any execution failure. 

6.7. The Company shall not be liable for any damages, loss of profits, revenue, business, opportunity, data, indirect, or consequential loss unless caused by a breach of this Agreement. 

6.8. The Company is not accountable for any fault, breakdown, delay, or interruption of the Internet connection and/or any other reason the Website may be unavailable at any time. 

6.9. Payment processing delays caused by third parties (operators) are not the Company's responsibility. 

6.10. The Company may restrict Clients' trading in a certain pair using a Virtual Currency on the Exchange Platform if a country's legislation changes to regulate it more strictly. In such a circumstance, the Client may only withdraw the Virtual Currency trading limit to an external address. 

6.11. The Company may submit names, addresses, and other required information to fraud and law enforcement authorities in the event of fraud. The Client understands that any competent authority investigating fraud or other illegal activities may freeze the Account(s). 

6.12. The Company may close a Client's account under the following conditions: 

- the Client has not signed in for more than six months; - the Client has not passed the first level verification for more than six months from account creation. 

6.13. You consent to the Company withdrawing all Assets from account at closing to its own account. Contact support.exchange@cashship.com to request the return of withdrawn Assets. The Client must supply documentation to the Company to verify its identity and Asset ownership. If the person cannot prove they were a Client of the Company and that the Assets were theirs, the Company can refuse to return them.

1. CLIENT REPRESENTATIONS, WARRANTIES AND AUTHORIZATIONS

7.1. The Client represents and warrants that:

7.1.1. Client is mentally healthy, of legal age, and legally competent. 

7.1.2. The Client is not under the influence of alcohol, drugs, or any other substance when entering the Trading Room or performing operations/transactions. 

7.1.3. No one other than the Client has or will have any interest in the Client's Account (s). 

7.1.4. The Client certifies that, despite any subsequent determination, the Client is fit to enter into this Agreement. 

7.1.5. The Client shall notify the Company of any changes to account opening information. 

7.1.6. The individual representing a corporate or institutional Client has all legal authorizations from the Client's governing authority. 

7.1.7. The Client confirms that any Account's fiat currency and Virtual Currency are legal and belong to the Client. 

7.1.8. The Client represents and warrants that it will withdraw any Virtual Currency from its Account exclusively to its wallets, otherwise the Company has no obligation for the consequences of such withdrawal. 

7.1.9. The Client warrants that all transactions comply with third-party rights and laws. 

7.2. The Client consents to remove the confidentiality of all communications relating to disputes, legal actions, public remarks between the parties, or the results thereof, including court or other conflict resolution schemes on the subject matter. Client also accepts that Company may disclose such communications at its discretion. 

7.3. The Client understands that authorized third parties may disclose his/her personal data and identifiers for legal purposes including crime prevention and tax purposes and/or to offer the desired service. See the Privacy Policy. 

7.4. The Client represents and warrants that it will immediately notify the Company of any errors detected in the Exchange Platform, including the exchange and trading system, the Accounts, the Trading Room, or the Website's functionality, which affect the Client's interests and that it will cease all further actions with the systems' functionality except those aimed at avoiding losses. The Client agrees not to take advantage of any system error. If these provisions are violated, the Company will assert its indemnification rights hereunder and may terminate or suspend the Client's right to use the Services. 

7.5. If an exchange/trade transaction is unlawful or conducted erroneously owing to Our fault, You must notify Us within one day of the transaction. You shall be completely responsible for all losses originating from the transaction described above if: the unauthorized transaction results from your failure to maintain the Accounts' credentials safe; and/or You fail to dispute and bring the unauthorized or wrongly performed transaction to our attention within one day of the transaction. 

7.6. Client agrees to pay Company all damages, costs, and expenses, including attorney's fees, that Company has to pay to enforce any part of this Agreement or any other agreement between Company and Client. To the extent authorized by law, We retain the right to set off any damages or monies payable to Us for Your breach of this Agreement or other duties under this Agreement against Your Accounts or other Company accounts. 

7.7. Client accepts that third-party licensors may provide the Exchange Platform, Website, and related software and Services. The Company assumes no liability, whether express or implied or statutory, with respect to non-infringement as to the technology facility (the Exchange Platform), the Website and related software and Services provided by third party external licensors. We make no claims or guarantees that the technical facility (the Exchange Platform), the Website, and related software and Services will be uninterrupted, timely, secure, or error-free, nor do we make any representations or warranties as to the quality, suitability, truthfulness, usefulness, accuracy, or completeness of such as further described by us. 

7.8. Client recognizes that third-party licensors may modify the Exchange Platform's functionality, settings, and content, including: 

7.8.1. How the Exchange Platform routes, matches, and processes orders. 

7.8.2. The Exchange Platform's availability for a certain Asset, derivative, or transaction at any time or place.

1. ABUSIVE COMMERCIAL STRATEGIES

Market abuse includes insider trading, illegal publication of inside information, market manipulation, arbitrage trading (internal or external), and other abusive trading tactics. The Client agrees not to act abusively under this Agreement. 

Latency, insider trading, and high-risk trading are also prohibited. The Company does not accept clients who use abusive trading tactics, such as advanced technology, manual methods relying on errors, or other non-predefined ways. Clients using abusive algorithmic and high-frequency trading tactics will have their accounts corrected/modified or closed if the Company thinks it suitable. 

The Company may implement any number of responses, including but not limited to: 

1. a) adjust the price(s) provided to the Client; b) change the price difference offered to the Client; c) change the trading conditions/limitations applied to the Client's account(s); d) cancel the transaction(s); e) reverse the transaction(s); f) enter the values that the transaction(s) would have had if the correct commercial conditions, not considered abusive, had been applied; g) delay in confirming the price and/or re-quoting the price(s); h) restrict the Client's access to immediate, instantly negotiable quotes, providing only a manual quote; i) recover any previous trading profits from the Client's account(s); j) terminate the relationship with the Client immediately upon written notice;

1. FORKS

9.1. You understand, acknowledge, and agree that the basic operational rules of a Virtual Currency may change over time, resulting in multiple related versions of an existing Virtual Currency (each instance of such change, a "Fork"). The "New Forked Virtual Currency" will be created if a Fork happens; the existing Virtual Currency shall be referred to as the "Old Virtual Currency". Therefore, we will hold a proportional amount of the New Forked Virtual Currency of our Old Virtual Currency. You understand, acknowledge, and agree that each Fork may materially impact the value, function, and/or name of the original Virtual Currency held in your Account and that the New Forked Virtual Currency may be have minimal or no value. 

We cannot control or influence the creation or implementation of a fork or the new forked virtual currency. The new forked virtual money and the old virtual currency are not guaranteed for security, operation, or delivery. You accept that we are not liable for virtual currency value changes (whether or not resulting from a fork).

9.2. You understand, acknowledge, and agree that we may temporarily suspend Exchange Platform operations (with or without notice) while we decide, at our sole discretion, whether to allow one or both of the New Forked Virtual Currency and the Old Virtual Currency. In addition, while we will attempt to make this assessment as quickly as possible, we reserve the right to suspend the Exchange Platform for as long as we feel necessary to reach this conclusion. You agree that the Exchange Platform may not support all New Forked Virtual Currencies. 

9.3. You agree that you have no right, interest, or privilege in any New Forked Virtual Currency. If we do not admit a New Forked Virtual Currency, you may not be able to withdraw it from the Swap Platform swiftly or at all, exchange it on our platform for fiat currency or other cryptographic assets, or lose any value associated with it. If we decide not to admit a New Forked Virtual Currency, we may, in our sole discretion, either I get and maintain it as property owned by us; or (ii) make it accessible to you on a one-time basis, based on your holding of the Old Virtual Currency at the time of the Fork, subject to withholding and retention by us of an amount reasonably calculated to fairly compensate us for the expense of making such New Forked Virtual Currency. Only in the event that we decide to allow a one-time withdrawal in accordance with (ii) above, will we notify you. 

9.4. You acknowledge and agree that if you or any other party deposits an amount of a New Forked Virtual Currency (or any other cryptographic asset) that the Exchange Platform does not support into our omnibus client account for cryptographic assets, we have the right to and will account for any unsupported cryptographic asset (including the unsupported New Forked Virtual Currency) as belonging to us. Unsolicited cryptographic asset sent to one of our accounts is not our responsibility.

1. AIRDROPS

You understand, acknowledge, and agree that if a third party "airdrops" or "bootstraps" a Virtual Currency (whether or not compatible with the Exchange Platform) to Virtual Currency addresses, we will treat it as we would treat all non-compatible Virtual Currencies. You also accept and acknowledge that airdropped Virtual Currencies do not create a connection between us and the transferor, or sender, and/or the linked network that created the airdropped Virtual Currency, and that we are not liable to any obligations related to them..

1. FINAL PROVISIONS

11.1. The Company may occasionally provide the Client with practical asset exchange and derivative trading information at its sole discretion. The Client understands and agrees that any exchange or trading transaction is entered into at its own risk and without relying on any Company information. The Company cannot advise on trade exchange or order timing or conditions. The Client agrees that exchange rates fluctuate and are affected by circumstances outside the Client's and Company's control. 

11.2. Client will use its registered email address and password to access the Trading Room and accounts. You must never divulge your registered email address, Trading Room password, or telephone password used for communications with Us (collectively, Credentials). Your registered email address may be used to reset other Credentials or contact with You regarding Account security, so you should take all reasonable efforts to secure and access it exclusively. If Your registered email address is compromised, contact Client Service immediately and Your email service provider. 

11.3. You agree to protect and use Your Credentials as follows:

1. a) You are responsible for keeping Your Credentials secret and for how they are used; b) You will not share Your Credentials with anyone other than your authorized representatives without the Company's prior written authorization; c) All instructions, orders, and other communications entered with valid Credentials shall be binding and conclusive on us; d) You are responsible for Your transactions and expenses based on such instructions, orders, or communications.

We recommend changing Your Password if You suspect Your Credentials are lost, stolen, misappropriated, misused, or otherwise compromised. In such case, notify Client Service immediately. Regardless of your notification, you agree to indemnify and hold harmless the Company, its affiliates, employees, agents, successors, and assigns from and against any and all liabilities, losses, damages, costs, and expenses, including attorneys' fees, incurred by us arising out of your failure to fully and timely perform your obligations hereunder or if any of the representations and warranties are untrue and correct.

You further agree to pay us in a timely manner all damages, charges, and expenses, including lawyers' fees, incurred by us as a result of your failure to completely and timely perform your obligations hereunder.

11.5. The Company does not offer Services in FATF-designated high-risk and non-cooperative jurisdictions with AML/CFT strategic shortcomings.

11.6. The FATF's high-risk and non-cooperative jurisdictions are excluded from the Company's Services.

11.7. The Company does not accept transfers from FATF-designated high-risk and non-cooperative payment institutions. The Company will promptly close all outstanding positions and block the Accounts if the Client becomes a resident of one of the FATF's high-risk and non-cooperative jurisdictions.

11.8. We (or our licensors, agents, suppliers, vendors, resellers, service providers, or any other subscriber or supplier) shall not be liable to You or any other third party for any direct, special, indirect, incidental, consequential, exemplary, or punitive damages, including, without limitation, damages for loss of profits, business, opportunity, reputation, information, business interruption, revenue, or goodwill, which may arise from your use of our Services and the Exchange Platform or any of the materials contained on the Website or your failure to understand the nature of virtual currencies, derivatives or the market for such currencies and their derivatives.

11.9. OUR SERVICES AND EXCHANGE PLATFORM ARE "AS IS" AND "AS AVAILABLE" UNLESS OTHERWISE STATED IN WRITING. WE EXPRESSLY DISCLAIM, AND YOU HEREBY DISCLAIM, ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO OUR SERVICES, EXCHANGE PLATFORM, INFORMATION, CONTENT, AND MATERIALS CONTAINED WITHIN.

We make no claims or warranties that the Exchange Platform and Services, or any material contained within, will be uninterrupted, timely, secure, error-free, or of any quality, suitability, truthfulness, usefulness, accuracy, or completeness.

11.10. YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH OUR EXCHANGE PLATFORM OR SERVICES MAY BE IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE EVENTS OR OTHER DISASTERS, INCLUDING THIRD-PARTY DDoS ATTACKS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES, WHETHER WITHIN OR BEYOND OUR CONTROL. YOU MUST BACK UP AND STORE COPIES OF ANY DATA YOU STORE OR TRANSFER OVER OUR SERVICES.

11.11. The Company does not provide refunds due to the nature of the business.

11.12. Except as described below, we will not sell, license, lease, or disclose any of your personally identifiable information to third parties:

11.12.1. For the exclusive purposes of verification and due diligence, we reserve the right to disclose your personal data to the third-party operator of the Exchange Platform. The Client hereby grants the Company permission to disclose any and all information necessary for the third party operator of the Exchange Platform to establish and validate the Client's account. The Client shall indemnify, defend, and hold the Company, its affiliates, employees, agents, successors, subsidiaries, assigns, and each of their respective officers, directors, shareholders, members, partners, attorneys, and employees harmless from and against any and all liabilities, losses, damages, costs, and expenses (including attorneys' fees) resulting or allegedly resulting directly and/or consequentially from or arising from any Claim.

11.12.2. We may release your personal information to regulatory, law enforcement, or other government authorities as required by law..

11.12.3. If necessary, we may reveal your information to nonaffiliated third parties.

11.13. The Client has one day to file a complaint with the Company if they reasonably feel the Company has breached one or more conditions of this Agreement. The Company will address the issue within two weeks. The Company reserves the right to ignore any complaint or correspondence from Clients who behave illegally, discourteously, or engage in trolling. Please see our Complaints Policy.

11.14. The Company uses the Exchange Platform's rounding policy for financial calculations. Company rounds Fiat currencies to the 2nd digit after the separator. The rounding policy for cryptocurrencies differs by cryptocurrency.

11.15. For process optimization, Exchange Platform transactions for some products (including currencies, cryptocurrencies, etc.) will not be reflected in the Client's Account or the Trading Room until a unit is complete in compliance with rounding rules..

11.16. The Website's content is protected by copyrights, patents, trademarks, and other laws, unless otherwise stated in this Agreement. Any use of Website content without the Company's explicit consent may violate copyright, patent, trademark, and other laws and result in criminal or civil penalties.

1. APPLICABLE LAW AND JURISDICTION

12.1. Without regard to choice of law, the laws of the Company's jurisdiction shall govern and enforce this Agreement and the parties' rights and duties. 

12.2. Client waives trial by jury and the right to transfer any civil action, arbitration, or other legal process between the Company or its employees or agents and Client arising out of or relating to this Agreement or Client's Accounts to a court in the Company's jurisdiction. Client may not pursue any action, regardless of form, related to this Agreement or the transactions hereunder longer than one year after the cause of action originated.

1. MODIFICATIONS AND TERMINATION OF THE AGREEMENT

13.1. The Company may change any term of this Agreement at its discretion. You must regularly check this website and the Agreement for modifications. If you disagree with revisions or additions, you can refuse to use the Exchange Platform and other Company Services and terminate the Agreement under articles 13.2, 13.3. By using the Exchange Platform and Services, you agree to the new Agreement.

13.2. This Agreement will last until terminated. Client may terminate this Agreement at any time if they have no responsibilities to the Company. Client shall notify the Company by certified email of termination, or the Company may terminate by certified email or to the Client's Trading Room;

13.3. After obtaining formal notice of termination from the Client, the Company has three business days to count possible payments payable. If such sums are not accessible, the Company will notify the Client through email that the Agreement has been terminated.

13.4. We may suspend or terminate this Agreement or any of Your Accounts at any time without notice in the following events:

13.4.1. Breach of any term of this Agreement

13.4.2. Violation, or the Company has reasonable grounds to suspect Client has violated, any law or rule applicable to Our Services;

13.4.3. We suspect Client of abusive commercial strategies as described in Article 8 of the Agreement..

13.4.4. We have reasons to believe that you are engaged in any money laundering, terrorist funding, fraudulent activity (including the activities listed in this Agreement's section 6.1.5.8), or other illegal behavior.;

13.4.5. The Company believes the "Know Your Client" verification methods are insufficient, and the Client refuses to submit any more information or paperwork, such as proof of address or source of cash;

13.5. Your Account(s) may be suspended at any time if:

13.5.1. We have reason to believe that one or more of your accounts has been compromised, or for other security concerns.

13.5.2. We have a reasonable suspicion that your account(s) have been or are being used without your consent or fraudulently, and we will tell you prior to suspension or, if prior notice is not possible under the circumstances, promptly upon suspension, unless prohibited by law..

13.5.3. THIS AGREEMENT IS LEGALLY BINDING. PLEASE CAREFULLY REVIEW THIS AGREEMENT AND THE DOCUMENTS BELOW:

- Order Execution Policy;

- Risk Disclosure Statement;

- Privacy Policy;

- Cookies Policy;

- Summary Conflict of Interest Policy;

- Anti-Money Laundering Policy Summary and Know Your Client with annexes ("AML and KYC Policy");

- Complaint Policy;

- API Agreement;

- Information on applicable rates and loyalty programs, available on our website;

CAREFULLY READ THESE DOCUMENTS AND FINISH YOUR REGISTRATION PROCESS TO OPEN AN TRADING ROOM WITH US.

With your consent, you are acknowledging that you have carefully read, and fully understand this Agreement with the annexes listed above, and that you agree to all of the terms contained therein. Your consent further represents, warrants and certifies that the information provided by you during the registration process is correct and complete.