Valid from: 2021-03-23

SpectroCoin Pro General Terms and Conditions

Thank you for choosing SpectroCoin Pro and using our Services. The following Terms and Conditions apply to you and any other visitors and customers of the Site. You should read these Terms and Conditions carefully to determine which provisions apply to you. By using any of the Services offered on the Site you agree to these Terms and Conditions.

Interpretation and Definitions
1. In these Terms and Conditions and all documents incorporated herein by reference, the following words have the following meanings unless otherwise indicated:
  1. "Associates" means us and each and every one of its respective share-holders, subsidiaries, employees, contractors, agents, directors, officers, partners, affiliates, insurers, advisors, service providers, attorneys, licensors and successors;
  2. "Digital Currency" means any virtual currency, cryptographic coin or token listed on the Site;
  3. "Fiat currency" means any currency that a government has declared to be legal tender such as EUR, USD, etc. Please note, that no fiat currency may be stored, exchanged or transferred directly on/to/from the Platform.
  4. "Fiat Denominated Digital Currency" is the virtual currency denominated in certain fiat currency (but never a fiat currency itself), which is created at SpectroCoin by respective service provider (for more details please refer to the General Terms and Conditions of SpectroCoin and may be transferred to your SpectroCoin Pro wallet, where it can be held or exchanged as any other Digital Currency.
  5. "Losses" has the meaning set out in paragraph 18 of these General Terms and Conditions;
  6. "Person" includes an individual, association, partnership, corporation, other body corporate, trust, and any form of legal organization or entity;
  7. "Prohibited Jurisdictions" means Democratic People's Republic of Korea (North Korea); Iran; JAV; Japan or any other country subject to United Nations sanctions, or any country where Services cannot be offered to a person, if the person or any created or organized entity, including, without limitation, any company, corporation or partnership is a citizen, resident of, or a person located or domiciled in the country, including its states, territories in or under the laws of the country, where Digital Currency or blockchain technology are prohibited, or the Platform does not meet the legal requirements of the country;
  8. "Prohibited Use" has the meaning set out in paragraph 28 of these General Terms and Conditions;
  9. "Services" means any of the services, functions, or features offered on the Site related with the exchange of the Digital Currency as it is explained in these General Terms and Conditions;
  10. "SpectroCoin" means main platform, available via domain address spectrocoin.com.
  11. "SpectroCoin Marks" has the meaning set out in paragraph 29 of these General Terms and Conditions;
  12. "Site", "Platform" or "SpectroCoin Pro", mean our platform available directly at the Internet website exchange.spectrocoin.com or via SpectroCoin platform;
  13. "Terms and Conditions" means these General Terms and Conditions of service, as they may be changed, amended, or updated from time to time;
  14. "we" or "our", "us" means BNK Systems Ltd, company code 1999191, Craigmuir Chambers, Road Town, Tortola, VG1110, the British Virgin Islands;
  15. "You" or "Your" means the customer using the Services.
2. The headings and subheadings in these Terms and Conditions are for ease of reference only and are not to be taken into account in the construction or interpretation of any provision or provisions to which they refer.
3. Unless otherwise specified in these Terms and Conditions, words importing the singular include the plural and vice versa and words importing gender include all genders.
Scope of Terms and Conditions
1. These Terms and Conditions constitute the agreement and understanding with respect to the use of any or all of the Services, and any manner of accessing them, and governs the relationship between you and us.
2. The Services allow you to exchange Digital Currencies listed at the Platform with registered users of the Platform. Site works as a trading platform letting to exchange Digital Currencies by matching your trades with open orders from other registered users of the Platform. We are not a buyer or seller in trades made between users of the Platform and does not participate in any of your transactions.
3. Depending on your jurisdiction and law of your jurisdiction, you may not be able to use all or part of the functions of the Site and/or the Services offered by us. We reserve the right to solely select our markets and jurisdictions to operate and may restrict or deny our Services to certain countries and jurisdictions.
4. You are solely responsible for following, identifying the requirements and being in compliance with the laws in your jurisdiction and all other laws or regulations applicable under your jurisdiction and/or jurisdiction from which you access the Site and the Services. The Services are not directed at or to be distributed to any persons domiciled under any jurisdiction where all or part of the Services may be contrary to local laws or regulations.
5. If using the Site and/or the Services are not legal in your country (whether you are a citizen, a resident and/or a tax resident of that country) and/or such transactions can be considered as securities, securities trading, initial public offering, crowdfunding or similar, you oblige not to use the Site and/or Services. Failure to comply with local laws may result in the loss of your Account and any assets contained within.
6. We may amend the list of Digital Currencies available at the Platform, add or remove them at any time at its sole discretion.
7. This Agreement is only binding on the rights and obligations between you and us, and does not involve legal relations and legal disputes arising from and relating to trades or transactions of Digital Currencies between the users of the Platform, and between other websites and you.
Eligibility
1. Use of the Platform and/or the Services is limited to persons that are 18 years old or older and have full legal capacity to lawfully enter into and form contracts under applicable law.
2. The use of the Site and the Services is void where prohibited by law.
3. Jurisdiction of the United States of America (including all territories of this country) is specifically excluded from these Terms and Conditions, therefore, the Site and Services are not offered to citizens, residents and/or tax residents (including their beneficiaries) of the Prohibited Jurisdictions and the United States of America (including all territories of this country). If you are a citizen, a resident and/or a tax resident of the Prohibited Jurisdictions and the United States of America (including all territories of this country) or otherwise associated with these territories, you cannot use the Site and the Services in any way.
4. Additionally, the following persons (including their beneficiaries) cannot use the Site and the Services:
  1. Persons under 18 years old;
  2. Persons that do not have a full legal capacity and authority to enter into and form contracts under applicable law;
  3. Persons that are on any trade, financial or economic sanctions lists;
  4. Persons that intend to use the Site and the Services for any illegal activity, including, but not limited to, money laundering and the financing of terrorism;
  5. Persons that fail to meet any customer due diligence standards, our requests or requirements and/or are deemed high risk by us according to criteria established at our sole discretion;
  6. Persons that have previously been rejected or deleted from using the Platform and the Services and/or violated these Terms and Conditions;
  7. Persons that do not follow the laws and regulations in their jurisdiction regarding usage of the Site and the Services.
5. By accessing and using the Site and any of the Services, you acknowledge, declare and expressly represent and warrant that none of the aforementioned circumstances of eligibility is applicable to you.
6. We reserve the right to refuse registration or the commencement of relationship with you under these Terms and Conditions without reason. You acknowledge and agree that it is at our sole discretion whether to provide you with any or all of the Services.
Acceptance and Changes to Terms and Conditions
1. Your access to and use of the Site and/or any Services is subject exclusively to these Terms and Conditions. By registering to and using the Site and/or the Services or any associated websites, APIs, or mobile applications, you acknowledge that you have read, understand, and completely and unconditionally agree to be bound by and accept these Terms and Conditions and all the policies, guidelines, terms, conditions, licenses, limitations, and obligations contained within and on the Site are incorporated into these Terms and Conditions by reference, including, without limitation, the Privacy Policy, the Cookie Policy, the Risk Warning Statement and any other policies that might be announced on the Site. The policies identified above are incorporated as integral parts to these Terms and Conditions. We recommend that you store or print-off a copy of these Terms and Conditions (including all policies) for your records.
2. In the event of any inconsistency between these Terms and Conditions and any other pages or policies on the Site, these Terms and Conditions shall prevail.
3. You understand and agree that you are free to choose whether to use the site and/or the services and do so at your sole option, discretion and risk. However, if you disagree with these Terms and Conditions or individual provisions of the Terms and Conditions and/or with any subsequent amendments, changes, or updates, you cannot use the Site and any of the Services; your only recourse in the case of disagreement is to stop using the Site and all of the Services.
4. These Terms and Conditions comes into effect at the moment you start registering for the Platform.
5. SpectroCoin may change, amend, update, delete or add to these Terms and Conditions or any of the terms and conditions contained in any policies or rules governing the Site and/or the Services at any time and at our sole discretion. In particular, please note that all transactions of Digital Currencies on or off the Platform may be subject to fees levied by us and could be changed solely on our discretion from time to time.
6. We will provide notice of these changes by posting the revised Terms and Conditions to the Site and changing the "Last Updated" date at the top of the Terms and Conditions, or by emailing you at your email address, or through your Account, or by any other means as solely determined by us. We reserve the right to choose the preferred notification method at its sole discretion. You undertake to check your Account and email regularly.
7. Any such changes will be effective immediately upon the posting of the revised Terms and Conditions and/or policies and rules on the Site regardless of the means of notification chosen by us, and you are solely responsible for reviewing any such notice and the corresponding changes to the Terms and Conditions and/or policies and rules. Your non-termination or continued use of the Site and/or the Services following any such revisions, amendments, changes or updates to the Terms and Conditions and/or policies and rules constitutes your acceptance of these Terms and Conditions and/or or policies and rules, as modified by such amendments, changes or updates. If you do not agree to any such changes, you must stop using the Site and/or the Services and contact us regarding termination of these Terms and Conditions.
8. You should review these Terms and Conditions and/or policies and rules on the Site regularly, and check back often to confirm that your understanding of these Terms and Conditions and/or policies and rules on the Site is current and correct.
9. We may, at our sole discretion and without liability to you, with or without prior notice and at any time, change, modify, remove or discontinue (temporarily or permanently) the Site, any part or all of the Services, functions and corresponding information from the Site without indicating the reasons of such change, modification, removal or termination, and you confirm that we shall not be liable to you for any such change, modification, removal or termination.
Risks
1. The holding and trading of Digital Currencies or investing in Digital Currencies involves significant risk. Prices can and do fluctuate on any given day. Such price fluctuations may increase or decrease the value of your Digital Currencies at any given moment. Any Digital Currency may be subject to large swings in value and may even become worthless. There is an inherent risk that significant losses will occur as a result of buying, selling or trading anything on a market.
2. Digital Currencies are not backed by governments, central banks, other institutions or commodities, but only by technology and trust.
3. The Services are currently unregulated within the jurisdiction we operate in. Despite this, certain jurisdictions apply regulations or may apply such regulations at any time, in which case, these Terms and Conditions, including the provision of the Services, may be amended accordingly or terminated to the extent such amendments are not possible. You agree and understand that legislative and regulatory changes or actions at a local or international level may adversely affect the use, transfer, exchange, and/or value of Digital Currencies.
4. We cannot and do not control the quality, security or legality of Digital Currencies involved in any transaction, truthfulness of the transaction information, or capacity of the parties to any transaction to perform their obligations.
5. You acknowledge and agree that you shall access and use the Site and/or the Services at your own risk. You must carefully assess whether such access and usage the Site and/or the Services, trading or holding Digital Currencies is appropriate for you in regard to your circumstances, financial condition, resources and tolerance for risk.
6. Risks are explained in more detail in the Risk Warning Statement which is integral part of these Terms and Conditions. However, there may be additional risks which have not been disclosed in these Terms and Conditions and the Risk Warning Statement.
Financial Advice
1. We do not provide any investment, financial, legal or any other professional advice, warranty, recommendation or guidance, whether in connection with the Services or otherwise, offer of securities, or merits of any particular transaction or their tax consequences, trading techniques, prices, models, algorithms, or any other schemes. All content, including, but not limited to, opinions, information, discussions, analyses, prices, advice and other information provided on or through the Site is only general information for your personal information and use, and is not intended to address your particular requirements or to be relied upon in making (or refraining from making) any specific investment or other decision. Such content shall not constitute any form of advice or recommendation by us nor should it be construed as such. No communication between you and us should be considered as any form of investment, financial, legal or any other professional advice, warranty, recommendation or guidance.
2. Any decision to use the Site and/or the Services, purchase or sell Digital Currencies, or any decision you make based on the information available on the Site is solely your decision at your own risk and we shall not be liable for any loss suffered, including, without limitations, any loss arising directly or indirectly from reliance on the above mentioned information, including, but not limited to, any loss of profits.
3. We represent that we never intended or desired to make Digital Currencies that can be classified as "security" available via the Platform. The responsibility for the fact that the instrument cannot be treated as "security" lies with the owner of that Digital Currency. If there is any risk or speculations that the Digital Currency can be treated as "security", we reserve the right to prohibit and discontinue any transactions on our Platform with such Digital Currencies at our sole discretion. We give no warranty and/or investment, financial, legal or any other professional advice that any Digital Currency available via our Platform is not a security.
4. You should peruse, comprehend and carefully consider or seek an appropriate independent legal, tax and/or financial advice as to any specific investment or other decision and the risks described in these Terms and Conditions in addition to the other information stated in these Terms and Conditions, the Site or elsewhere and your specific financial situation and background before deciding to use the Site and/or the Services.
Creating Your Account
1. If you want to start using the Site and/or the Services, you must first register at the Site and provide any requested information. After you agree to be bound by these Terms and Conditions and complete the registration form, we will establish an account for you.
2. We may, at our sole discretion and without indicating the reasons, refuse to register you and allow you to open an account at any time.
3. Only one registration and account per person is allowed unless otherwise indicated by us, and can only be used by the person whose name they are registered under. You further agree that you will not use any account other than your own or access the account of any other user of the Platform at any time or assist others in obtaining unauthorized access.
4. As part of our registration procedure, we reserve the right to conduct a verification process to verify your identity and eligibility to participate in our Services.
5. For the purpose of your identification and in order to use certain features of the Services, including certain transfers of Digital Currencies, you may be required to provide us with certain personal information. We may also require you to answer certain questions or take certain actions in order to verify your identity or comply with applicable law. In submitting this or any other personal information as may be required, you verify that the information is accurate and authentic, and you agree to update us if any information changes. You hereby authorize us to, directly or through third parties make any inquiries we consider necessary to verify your identity and/or to protect against fraud or detect money laundering, financing of terrorism or any other financial crime, including, but not limited to, to query identity information contained in public reports (e.g., your name, address, past addresses, or date of birth), to query account information associated with your linked bank account (e.g., name or account balance), and to take action we reasonably deem necessary based on the results of such inquiries and reports. You further authorize any and all third parties to which such inquiries or requests may be directed to fully respond to such inquiries or requests. Failing to comply with the requirements set out in this paragraph will be considered a valid reason to suspend your account. To learn how your personal data is handled by us, please refer to the Privacy Policy.
6. You confirm that at the registration at the Site you have entered truthful, correct, accurate and complete data about yourself and that afterwards all information provided by you to us in connection with these Terms and Conditions and the Services will only be truthful, correct, accurate and complete. You shall bear any losses that occur regarding to the submission of invalid/incorrect data. You unconditionally warrant that any information, data and/or content you provide: (i) will be truthful, correct, accurate, complete and not misleading or otherwise deceptive; (ii) will not infringe our or any third party intellectual property rights such as copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy; (iii) will not violate any law, statute, or regulation; (iv) will not be defamatory or libelous, and, (v) will not create any liability for us.
7. During the registration and any time after the registration you agree, at our request, to provide us with all the required documents and information within the time limit and form (including, but not limited to, certified, apostilled or notarized copies) specified by us at your own expense. You shall assure that any of your documents or information provided to us are truthful, correct, accurate, complete and updated. You acknowledge and agree that you have the obligation to keep all information provided up to date and shall promptly inform us about any amendments of the documents and information previously submitted by you to us.
8. We reserve the right to suspend the usage of the account until your registration and/or identity is completely verified. Verification of your account will be determined in our sole discretion.
9. You are responsible for all activities that occur under your account, all damages caused and accept all risks of any authorized or unauthorized access to your account to the maximum extent permitted by law.
10. We reserve the right to suspend, freeze or disable accounts that are used by persons other than the persons whose names they are registered under and/or if you have breached any of the provisions of these Terms and Conditions. We will not take any legal responsibility for these accounts and/or any of your losses in relation to suspension, freeze or disablement of accounts.
11. Your account (including wallet functionality) is not a bank account, payment account, electronic money account or interest bearing account and it cannot be associated with these types of accounts and their benefits, including, but not limited to, payment of interest, protection by law, deposit and investment insurance.
Anti-Money Laundering and Know Your Customer Procedures
1. We are committed to providing you with safe, compliant, and reputable Services. Accordingly, we insist on a comprehensive and thorough customer due diligence process and implementation and ongoing analysis and reporting. This includes our right to conduct Know Your Customer procedure and any other kind of customer due diligence on you at any time, monitoring of and for suspicious transactions and mandatory reporting to regulators and/or other relevant authorities.
2. We need to keep certain information and documentation on file pursuant to applicable law and its contractual relationships, and we hereby expressly reserve the right to keep such information and documentation. This will apply even when you terminate your relationship with us or abandon your application to have an account with us.
3. At all times, you may be subject to enhanced customer due diligence procedures in your use of the Site and any Service, which may be chosen by us at our own discretion (including, but not limited to, investigation of your source of funds, beneficial owners, transactions).
4. In the event that you fail identity verification, our internal compliance and/or security checks for any reason, such failure will be considered a violation of these Terms and Conditions and you may be prevented from using our Services and/or accessing the Site, and we may limit or suspend your use at any time, as well as suspending any orders, transactions or withdrawal requests. You acknowledge and agree that the outcome of such Know Your Customer reviews is within our sole and absolute discretion, and we are under no obligation to provide feedback on the exact nature of our findings.
Using the Services
1. You have the right to use the Services according to the terms, rules and instructions issued by the us and according to the terms, rules and instructions indicated on the Site, in these Terms and Conditions and otherwise determined by us.
2. Your registration at the Site implies your confirmation and a guarantee that by using the Services you will act honestly and in such way that it would meet both your and our interests.
3. Additionally, you confirm and warrant that by using the Site and/or the Services:
  1. You will use your account only for your own purposes and needs;
  2. You will take measures to prevent the use of the Site and/or the Services by unauthorized persons;
  3. You will not use the Site and/or the Services for any purpose that is unlawful or prohibited by these Terms and Conditions and legal requirements, including, but not limited to, money laundering, terrorist financing, malicious hacking or any other criminal or illegal activity;
  4. You will carry out only activities that will be: (i) in compliance with the requirements of applicable laws, regulations, as well as the various terms, rules, guidelines and instructions we issue or you find on the Site; (ii) will not be in violation of public interests, public ethics or other's legitimate interests; (iii) will not constitute evasion of payable taxes or fees and will not violate these Terms and Conditions, policies or relevant rules;
  5. You will only use Digital Currencies and/or other assets that are derived from lawful sources and activities, and will not use any Digital Currencies and/or other assets that are derived from any unlawful, criminal or fraudulent activity or any prohibited transaction under the laws that apply to you and your jurisdiction;
  6. Your usage of the Site and the Services is legal in your jurisdiction or any other applicable jurisdiction;
  7. You will store all confidential and sensitive information (including, but not limited to, your login ID, password, security codes, identity and transaction information) in places that are inaccessible to third parties, and will not disclose such information to third parties;
  8. You will not use the Site and/or the Services in any way that could intervene with the normal operation of the Site and/or the Services;
  9. You will not execute fraudulent, illegal or malicious orders, trades or transactions in the Platform;
  10. You will not transfer your account and/or its access details to any third party.
4. We reserve the right to restrict your usage of the Site and/or the Services without prior notice if you use the Site and/or the Services in any unlawful or otherwise unaccepted way.
5. If you violate the aforementioned confirmations and warranties and thereby cause any legal consequence or liability, you shall independently undertake all of the legal liabilities in your own name and indemnify us from all actions, claims, or costs arising from such violation.
6. We reserve the right, at our sole discretion and without indicating the reasons at any time, to impose limits to your use of the Services, including, but not limited to, limits to your account, orders, trades, transactions, deposits, withdrawals.
7. We reserve the right to cancel, refuse or block orders, trades or transactions of all type on the Platform in the event of abnormal and/or illegal use or activity.
8. The Services are available only in connection with those Digital Currencies that we, at our sole discretion, decide to support. The Digital Currencies that we support may change from time to time. We may delist a Digital Currency at any time at our sole discretion based on a number of factors, one of which may include changes in a given Digital Currency's characteristics after we have listed the Digital Currency. If you have any questions about which Digital Currencies we currently support, please visit the Site. Under no circumstances should you attempt to use the Services to store, send, request, or receive Digital Currencies in any form that are not supported by us. We assume no responsibility or liability in connection with any attempt to use the Services for Digital Currencies that we do not support.
Using the Account
1. Your account has a functionality specified on the Platform, including a functionality of a wallet for storing and receiving Digital Currencies. However, We reserve the right to remove or restrict a specific functionality of your account at any time at our sole discretion. You must check and assess your account functionality before using it. We assume no responsibility or liability in connection with any missing features or functionality of your account.
2. You acknowledge and agree that we will create a wallet for every blockchain you use on your behalf. You fully and irrevocably authorize creation of every such wallet and agree that all such wallets will be controlled and operated by us.
3. Any Fiat Denominated Digital Currency reflected in your SpectroCoin Pro wallet is at all times a Digital Currency. Your SpectroCoin Pro wallet is not a bank account nor any other type of financial account and therefore no fiat currency is stored on your wallet and no fiat currency exchange services are offered on the Platform. Any functionality of your SpectroCoin Pro account (wallet) pertaining to the fiat currency is available for the sole purpose of exchanging Digital Currency. You may not use this functionality as a mean to hold or transfer the fiat currency.
  1. Fiat Denominated Digital Currency may reach and leave your SpectroCoin Pro account (wallet) only from or to your wallet at SpectroCoin. No other Fiat Denominated Digital Currency deposit or withdrawal options are available. Transfers to/from any third-party accounts are strictly forbidden.
  2. You may be offered the possibility to exchange your Fiat Denominated Digital Currency to real fiat currency, deposit or withdraw real fiat currency only at SpectroCoin by your respective service provider. SpectroCoin Pro does not offer such possibilities and services.
4. You are the sole owner of Digital Currencies stored in your account, except for the amounts owed to us under these Terms and Conditions or other agreements. However, any Digital Currencies unsupported by the Platform or other byproduct of hard fork, soft fork or any other type of abnormal network functionality that may end up in our possession without explicit acceptance agreement will become our property and by maintaining the account within the Platform you hereby waive any and all rights, claims or causes of action of any kind whatsoever in relation to such Digital Currencies.
5. You can access all information related to your account, including transaction history, our service fees, etc., by logging to your account on the Platform.
6. You understand and agree that hawse have no obligation to redeem, purchase or sell your Digital Currencies stored in your account for a fiat currency and/or nominal value. Furthermore, we reserve the right to not convert your Digital Currencies into fiat or vice versa.
7. We reserve the right, at our sole discretion and at any time, to impose upon you a required minimum amount of Digital Currency that you need to maintain in your account in order to use the Services, and modify such minimum balance requirements from time to time. In such case you agree to maintain in your account a sufficient amount of Digital Currency to meet any minimum balance requirements imposed by us. You acknowledge and agree that if you do not have sufficient amount of Digital Currency to meet such minimum balance requirements, we may automatically close some or all of your open trades or transactions without notice.
8. If you have an insufficient amount of Digital Currencies in your account to complete a trade, order or transaction via the Platform, we may cancel the entire trade, order or transaction or may fulfill a partial trade, order or transaction using the amount of Digital Currencies currently available in your account, less any fees owed to us in connection with the execution of the trade, order or transaction.
9. We reserve the right to refuse to process or to cancel any pending instructions, orders, trades or transactions in relation to your account at any time at our sole discretion. You agree not to hold us liable for any damages arising out of or related to such refusal or cancelation.
10. The risks of accidental perish, theft, disappearance or damage to your Digital Currencies shall pass to you upon adding or receiving your Digital Currencies in your account.
11. For various reasons your instructions, orders, trades or transactions in relation to your account may be delayed and not executed immediately. You accept the risk that any of your instructions, orders, trades or transactions may be delayed and you agree not to hold us liable for any damages arising out of or related to such delay.
12. For various reasons your account and balances within the account can become temporarily suspended and may not be accessible to you. In such event you agree to hold us harmless, waive any and all rights, claims or causes of action of any kind pertaining to any damages as result of such action.
13. You undertake to check information and data available in your account, including, but not limited to, trades, orders, transactions and operations, regularly, at least twice per month. You must immediately inform us in writing of any improper execution or discrepancies of your trades, orders, transactions and operations as soon as you become aware of it.
Funding Your Account
1. After you create your personal account, you will need to fund it using one of the approved funding options available in your account. Funding options may be changed by us at our sole discretion at any time After you have deposited your funds into your account, you will be able to begin trading in Digital Currencies.
2. Your request to fund your account means that you authorize us to execute such operation via the Platform.
3. When funding your account you may be required to verify that you own Digital Currencies you intend to deposit into your account and/or control any third party account you use for funding your account at the Platform. You undertake to provide such verification by following our instructions and requests.
4. You are solely responsible for your use of any third party accounts (including, but not limited to Digital Currency wallets). We are not responsible for any fees of third party account providers or for the availability, management and security of any of third party accounts (including, but not limited to Digital Currency wallets), as well as the operation of any intermediary institutions and third parties or settlement systems.
5. We may, at our sole discretion and at any time, impose limits on your deposits.
6. Be aware that different deposit fees and deposit periods may apply depending on your chosen method of deposit. Information on fees is provided at this link . We reserve the right to change deposit fees and periods at our sole discretion at any time and provides no guarantee that your funds will be deposited into your account in any specific timeframe. Furthermore, you may be charged fees by providers of third party accounts (including, but not limited to Digital Currency wallets) you use for funding your account at the Platform.
7. We will not deposit your funds into your account if for any reason any third party rejects, suspends or otherwise makes such operation unavailable. You agree that you will not hold us liable for any damages resulting from such rejected, suspended or unavailable operations and transactions.
8. We reserve the right not to accept and credit your deposits into your account until you are properly identified and authenticated.
9. Your funds will be deposited into your account once we receive confirmation from all third parties and blockchains involved in the deposit transaction.
Trading Activities
1. The Platform allows you to trade listed Digital Currencies and engage in transactions with other registered users of the Platform by matching your orders against other orders.
2. You understand, acknowledge and agree that all trades and all resulting transactions take place between users of the Platform, and we are not a party to any of such trade or transaction. we assume no risk and liability for any trades placed between you and any other user of the Platform and/or the Services, or any other third party and the resulting transactions from such trades.
3. Each placed trade order creates different market exchange rates. You acknowledge and agree that the rates information made available via the Platform may differ from prevailing rates made available via other sources outside of the Platform.
4. You understand, acknowledge and agree that we are not liable for any fluctuations of market rates and/or prices of Digital Currencies.
5. The rates made available via the Platform shall not be considered as an investment or financial advice or referred to as such and cannot be used as a basis of investment strategy, legal position in the court and nothing in the rates information can be ensured to contain no errors, mistakes, misrepresentations or failures.
6. You can engage in trading activities at the Platform only with Digital Currencies you own and possess legally. We do not provide you with any kind of financing to perform your trades.
7. Before each trading activity at the Platform you must carefully read, assess and verify all the information in relation to your trade and/or transaction, including, but not limited to, Digital Currency price, applicable fees, type of the trade and/or transaction, and you shall accept all the contents contained in the trade and/or transaction information before you may proceed with the trade and/or transaction.
8. After verifying the trade and/or transaction information, you may submit your trade order for execution. Your submission of the trade order means that you authorize us to match your order against orders of other registered users of the Platform via the Platform without any advance notice to you and/or additional consent from you, as well as to transfer, reserve, credit or debit Digital Currencies from/to/into your account in relation to such trade order. As soon as your order is matched against another order, your order will be fulfilled and recorded in your account, less any applicable fees.
9. Once your trade order is executed, you will be able to view such trade order's records and details. However, you do not have the right to reverse the executed trade order.
10. We provide no guarantee that your trade order will be executed in any specific timeframe. You agree that you will not hold us liable for any damages resulting from delay, failure or partial failure to execute any of your trade orders.
11. We reserve the right to refuse to execute, or to cancel or reverse, any trade order and/or transaction at our sole discretion at any time, even after Digital Currencies have been credited to or debited from your account. We may also impose any other conditions or restrictions upon your use of the Platform without prior notice.
12. Once submitted, your trade order can only be canceled if such cancellation occurs before the trade order is executed. Once your trade order has been executed, you may not change, withdraw or cancel your trade order.
13. If you do not understand the meaning of any trade option, we strongly encourage you not to utilize any of those options.
14. If you have an insufficient amount of Digital Currencies in your account to complete your trade order via the Platform, we may, at our sole discretion and without notice to you, cancel the entire trade order or may fulfill a partial trade order using the amount of Digital Currencies currently available in your account, less any fees owed to us in connection with the execution of the trade order.
15. We reserve the right, at our sole discretion and at any time, to impose limits on your trading activities, orders, trades and transactions, and/or set minimum allowable trade amounts.
Withdrawals
1. You can withdraw Digital Currencies from your account using one of the approved withdrawal options available in your account. Withdrawal options may be changed by us at our sole discretion at any time. Once you have chosen your preferred Digital Currency, follow the instructions about how to confirm the withdrawal.
2. You can withdraw your desired amount of Digital Currencies from your account provided that your account's balance is sufficient for covering applicable fees and there are no limits imposed on your withdrawals and account.
3. Your request to withdraw Digital Currencies from your account means that you authorize us to execute such operation via the Platform.
4. All withdrawals from your account can only occur pursuant to our approval. Upon approval we will deliver the applicable Digital Currency to your personal digital wallet. You are solely responsible for ensuring that your personal digital wallet is capable of receiving the withdrawable Digital Currency. We provide no guarantee that the withdrawable Digital Currency will be credited to your specified digital wallet.
5. You are solely responsible for your use of any third party accounts (including, but not limited to Digital Currency wallets) for withdrawal. We are not responsible for any fees of third party account providers or for the availability, management and security of any of third party accounts (including, but not limited to Digital Currency wallets), as well as the operation of any intermediary institutions and third parties or settlement systems.
6. In the course of processing and sending any withdrawals in one or more Digital Currencies, we may be required to share your personal information with other contractual third parties. You hereby irrevocably grant full permission and authority for us to share this information with such contractual third parties and release us from any liability, error, mistake, or negligence related thereto (refer to the Privacy Policy to learn about handling of your personal data).
7. We may, at our sole discretion and at any time, impose limits on your withdrawals.
8. Be aware that different withdrawal fees and withdrawal periods may apply depending on your chosen method of withdrawal. Information on fees is provided at this link . We reserve the right to change withdrawal fees and periods at our sole discretion at any time and provides no guarantee that your Digital Currencies will be withdrawn from your account in any specific timeframe. Furthermore, you may be charged fees by providers of third party accounts (including, but not limited to Digital Currency wallets) you use for withdrawal.
9. We will not withdraw your Digital Currencies from your account if for any reason any third party rejects, suspends or otherwise makes such operation unavailable. You agree that you will not hold us liable for any damages resulting from such rejected, suspended or unavailable operations and transactions.
10. We reserve the right not to accept and execute withdrawals from your account until you are properly identified and authenticated.
11. Your Digital Currencies will be withdrawn from your account once we receive confirmation from all third parties and blockchains involved in the withdrawal transaction. All of your withdrawals will be recorded under your account, once we receives the aforementioned confirmation.
Limited license to Use the Site
1. If you comply with these Terms and Conditions, we grant you the limited right to use the Site and the Services.
2. The right to use the Site and the Services is a personal, restricted, non-exclusive, non-transferable, non-sublicensable, revocable, limited license, and it is subject to the limitations and obligations in these Terms and Conditions. Nothing in these Terms and Conditions gives you any license (other than as set out in this paragraph), right, title, or ownership of, in, or to the Site or any of the Services.
3. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the content of the Site and/or the Services, in whole or in part.
The Site and Services Availability and Accuracy
1. Although we intend to provide accurate and timely information on the Site and while providing Services, the Site (including, without limitation, the Services) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including, without limitation, information regarding our policies, products and services. However, we do not guarantee continuous, uninterrupted, error-free or secure access to any part of the Site and/or the Services, the uptime of the Site and/or the Services, as well as that defects will be corrected, or that the Site and/or the Services are free of viruses, virus attacks or other harmful elements, and expressly disclaims liability for the same and any errors or omissions. We shall not be liable for uninterpreted availability of the Site and/or the Services at all times, in all countries and/or all geographic locations, or at any given time.
2. Your use of the Site and/or the Services is at your own risk. You understand and acknowledge that the Services and all the materials, information, software, facilities, services and other content of the Site and/or the Services are provided "As Is" and "As Available" without warranties of any kind, either expresses, implied or statutory. We specifically disclaim, and you waive, any and all warranties, express, implied or statutory, including, but not limited to, any implied warranties of merchant ability or fitness for a particular purpose, title and non-infringement as to the Site and the Services, including the information, content and materials contained therein, as well as any warranties with regards to the Services' reliability, stability, accuracy and completeness of the technology involved.
3. We reserve the right, at our sole and absolute discretion and without giving prior notice, to vary, modify, add or remove features, or amend any content on the Site. You shall be deemed to have accepted and agreed to any such change if you access or use the Site after the change is published on the Site. We also reserve the right to block or restrict access to, or terminate, withdraw or suspend use of the Site or any part of the Site. We will not be liable for any loss which may be incurred as a result of such action.
4. We reserve the right to disable any links which, in our opinion, contain information, images, representations or other material of an inappropriate, defamatory, obscene, indecent or unlawful nature, or that violate any law or any public, privacy, intellectual property or other proprietary right; or have not been authorized by us.
5. On rare occasions some of the Services may not work properly. We may not be held responsible regarding any damages you may have because of any failures of the Site and/or the Services.
6. We reserve the right to suspend use of the Site and/or the Services for maintenance. We will give you notice of this if it is possible and appropriate.
7. You should verify all information before relying on it, and all decisions based on information contained on the Site are your sole responsibility and we shall have no liability for such decisions.
8. Links to third-party materials (including, without limitation, websites) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third party sites accessible or linked to the Site. We are also not liable for any loss or damage of any sort incurred as the result of any such third-party materials and their contents, and you acknowledge that your use of third-party materials, and your interactions with third parties, is at your own risk.
Security
1. We utilize various security measures to protect your account and is committed to high standards of data security. However, we shall not be liable for any loss (direct or indirect) that you may incur as a result of the account's malfunctions, errors, security breaches, hacks or any other reason.
2. You are solely responsible for maintaining the confidentiality of your account information, including login ID and password, and for their use. It is your responsibility to safeguard your password and not disclose to anyone. Sharing your password with a third party constitutes a breach of these Terms and Conditions. We recommend that you never share or disclose your account information with anyone, create complex and secure password, change your password from time to time, always log out when finished using the account. Any loss that occurs as a result of negligent security practices, whether it be on the part of you, or us, will not be our responsibility or responsibility of our directors, associates or employees.
3. You are responsible for all activities that occur under your account or password, including, but not limited to, safeguarding your own Digital Currencies.
4. You must notify our Support at this link immediately in the event that the security of your login or password has been breached or compromised for any reason, or any other unauthorised use of your account or password, or any other breach of security (including, but not limited to, hacks of your computer or other devices you use to access the Site and/or the Services), and include all relevant details.
5. You are also responsible for maintaining adequate security and control of any and all identification numbers, private keys, or any other codes that you use to access the Site and/or use the Services.
6. You must observe and use the security, authentication, dealing, charging, withdrawal mechanism or procedures recommended by usn, including, but not limited to, logging out at the end of every visit; using strong passwords which are not used for any other websites or services; frequently updating passwords.
7. Any actions on the Site, trades, transactions, orders and operations initiated from your account or using your password will be considered to have been made by you, and is irrevocable once validated using your password or made through your account. If there is suspicious activity related to your account, we may, but are not obligated to, request additional information from you, including authenticating documents, and to freeze any transactions pending our review. You are obligated to comply with these security requests or accept termination of your account.
8. We do not guarantee the confidentiality or privacy of any communication or information transmitted on the Site or any site linked to the Site. You acknowledge that information you store or transfer through the Site and/or the Services may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes, including but not limited to software failures, protocol changes by third party providers, internet outages, force majeure event or other disasters including third party DDOS attacks, scheduled or unscheduled maintenance, or other causes either within or outside our control. You are solely responsible for backing up and maintaining duplicate copies of any information you store or transfer through the Site and/or the Services.
Investigations
1. We reserve the right to investigate suspected violations of these Terms and Conditions and take any measures of such investigations (including, but not limited to, employing third parties for investigations), as well as corrective actions it deems appropriate.
2. We also reserve the right, at its own discretion and frequency, to inspect you and your activities.
3. You undertake to actively participate in any investigation, related to these Terms and Conditions and/or your activities, and cooperate by providing us with all the required information and documents at your expense within the timeframe specified by us.
Losses
1. You are solely responsible and liable for:
  1. familiarizing yourself with these Terms and Conditions and understanding them;
  2. any and all trading and non-trading activity and actions on the Site and/or while using the Services, and for your account on the Site;
  3. knowing the true status of any position, transaction or contract with any other party on the Site, even if presented incorrectly by the Site at any time;
  4. assessing and evaluating risks involved in using the Site and/or the Services;
  5. providing only truthful, correct, complete and accurate information;
  6. authenticity and validity of all submitted documents;
  7. violating any laws and regulations, as well as these Terms and Conditions;
  8. security and integrity of your account, login details, passwords, security codes and computers or interfaces;
  9. unauthorized access to your account and/or the Services all resulting consequences of such unauthorized access, including, but not limited to, personally referring to the competent authorities;
  10. any incorrect and/or incomplete public key, digital wallet address or other account details;
  11. any financial loss arising from the use of your account, including, but not limited to, data loss;
  12. forgotten passwords;
  13. corrupted account and wallet files or data;
  14. incorrectly constructed trades, order, transactions or mistyped wallet addresses;
  15. security of your private keys;
  16. all disputes that may arise between you and any other third party (including, but not limited to, users of the Platform) in connection with the Site and/or the Services;
  17. other obligations and breaches indicated in these Terms and Conditions.
2. You acknowledge and agree:
  1. to be fully responsible and liable for your trading and non-trading actions and inactions on the Site and all gains and losses sustained from your use of the Site and any of the Services;
  2. to be responsible for any negative balance in your account(s) on the Site;
  3. to be fully responsible and liable for all of your obligations with respect to any financing activities on the Site;
  4. to be fully responsible for safeguarding access to, and any information provided through, the Site and any of the Services, including, but not limited to, private keys, usernames, passwords, and bank account details. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your account on the Site by third-parties and the loss or theft of any Digital Currency held in your account on the Site and any associated accounts. You are responsible for keeping your email address, telephone number and other personal information up to date in your account profile in order to receive any notices or alerts that we may send you. We assume no responsibility for any loss that you may sustain due to compromise of account login credentials and/or failure to follow or act on any notices or alerts that we may send to you.
3. There is no guarantee against losses on the Site. We cannot guarantee to stop losses even with the ability to force-liquidate any of your positions (due to, e.g., market volatility and liquidity). We will not be and is not responsible for any other user or party on the Site.
4. You understand and agree that we assume no liability or responsibility for and to the maximum extend permitted by applicable law shall have no liability or responsibility for any claim, lawsuit, application, demand, proceeding, loss, injury, delay, accident, cost, business interruption costs, or any other expenses (including, without limitation, attorneys' fees or the costs of any claim or lawsuit), nor for any incidental, direct, indirect, general, special, punitive, exemplary, or consequential damages, loss of income and transaction profits or contractual losses, loss of goodwill, reputation, business profits or opportunities, work stoppage, data loss, computer failure or malfunction, or any and all other commercial losses (collectively, referred to herein as "Losses") directly or indirectly arising out of or related to:
  1. these Terms and Conditions and all policies or documents related to them;
  2. the Site, and your use of it or inability to use it;
  3. the Services and/or your account, and your use of any of them or inability to use them, as well as your misunderstanding of the Services, suspension, amendments, termination or discontinuance of the Services and/or your account;
  4. the real or perceived value of any currencies or Digital Currencies traded on the Site, or the price or any change of the value or price of any Digital Currency displayed on the Site at any time;
  5. any trade, order, transaction, transfer or operation of any Digital Currency;
  6. any inaccurate, misleading, or incomplete statement or information by us and any Associate or on the Site regarding your account and/or the Services, whether caused by our negligence or otherwise;
  7. any failure, delay, malfunction, interruption, maintenance, operation, external factor or decision (including any decision by us to vary or interfere with your rights) by us in operating the Site or providing any Service;
  8. any disclosed, stolen, lost, or unauthorized use or access of your account information, any breach of security or data breach related to your account information, or any criminal or other third party act affecting us or any Associate;
  9. any failure, delay, malfunction, interruption, maintenance or external factor of any hardware and/or software used by you, or any Digital Currency networks, systems and blockchains;
  10. any offer, representation, suggestion, statement, or claim made about us, the Site, or any Service by any Associate;
  11. any intermediaries and third parties, and their operation, activities, actions and inactions.
5. To the maximum extent permitted by applicable law you hereby agree to indemnify, defend and release the Associates from liability for any and all Losses, and you shall indemnify and save and hold the Associates harmless from and against all Losses. The foregoing limitations of liability shall apply whether the alleged liability or Losses are based on contract, negligence, tort, unjust enrichment, strict liability, or any other basis, even if the Associates have been advised of or should have known of the possibility of such losses and damages, and without regard to the success or effectiveness of any other remedies.
6. To the maximum extent permitted by applicable law, in any case total amount of our and/or the Associates' aggregate liability under these Terms and Conditions may in no circumstances exceed 1 Euro.
7. In the event of a breach of these Terms and Conditions or a possible breach of these Terms and Conditions, we shall have the right to seek all and any remedies it deems necessary from you.
8. In case you breach these Terms and Conditions, you shall pay to us penalty in the amount of 50 000 Euros and bear all the expenses in connection with such breach (including attorney's fees, among others). If such penalty cannot cover the actual loss, you shall make up for the difference.
Agency
1. We do not act as agent, trustee, principal, counterparty, or other representative, or market-maker in the transactions effected through trading on the Platform and/or using the Services, unless it is provided otherwise in these Terms and Conditions. However, you hereby grant us agency, and you authorize and instruct us:
  1. to implement, levy, monitor, and maintain a lien on all Digital Currencies in your name or control on the Site;
  2. to liquidate any Digital Currencies in your name or control on the Site if necessary to ensure that any Services you have obtained on the Site is paid in full.
Satisfaction of Debts
1. If and when you seek to remove all of your Digital Currencies from your account on the Site and there is a debt outstanding, we may satisfy the debt from your Digital Currencies.
Liquidation and Losses
1. If the value of your Digital Currencies drops below a certain level, this may result in one of two actions taken by us:
  1. We at all times reserve the right to force-liquidate the Digital Currencies in your account. Where this occurs, your Digital Currencies will be seized by us and used to repay any outstanding debts;
  2. where you have negative equity, or where we determine at our sole discretion that, upon liquidation, you would likely have negative equity-that is, you fall below a certain maintenance requirement-in one or more or a combination of positions, We reserve the right to seize, take over, and assume all of your liabilities and collateral and to dispose of one or more of your positions, or to retain one or more of them, at a profit or loss, at our risk and expense;
2. Further to your responsibility for all trading activity and inactivity on the Site, any action may be taken by us pursuant to this paragraph at any time with or without notice to you, at our sole discretion.
Fees
1. We may charge fees for using the Services. You agree to pay the fees for using the Services in accordance with the terms and periods set forth at this link . We may change our fees at any time at our sole discretion with no prior notice.
2. The fees will be deducted automatically from your account and paid to us in the form of Digital Currency, fiat currencies or other means of payment, chosen by us at our sole discretion, and at a value that represents the Digital Currency or fiat currency amount stated on the Site based on an exchange rate or a market price determined by us at the time of payment or deduction.
3. Hereby you authorize us to charge and/or deduct your account for any applicable fees owed in connection with the Services.
4. In case any fee cannot be deducted from your account, you undertake to pay such fee to us in the form indicated by us within 5 calendar days.
5. In the event that your account does not maintain sufficient funds for the payment of the fees, We reserve the right to suspend or terminate your account, cancel any pending trades, orders, transactions and/or deduct the fees from any future deposits you make into your account.
6. You may be charged fees by the third party you use in connection with the Services. We are not responsible for any third parties' fees. You are solely responsible for your use of any third parties.
7. If intermediaries are involved in any trade, order or transaction, you acknowledge that charges of such intermediaries cannot always be calculated in advance, and you agree to be responsible for such charges.
8. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. In addition, you will be subject to late and collection fees.
9. We also reserve the right to charge you for any extraordinary costs which we may incur in connection with your account, including, but not limited to, in connection with actions payment refusals, chargebacks or any other interference with any payment to us.
Refunds
1. There will be no refunds in regard to usage of the Services for any reason, including, but not limited to, loss of your Digital Currencies due to technical reasons, errors, malfunction of the account, wallet, the Services, transaction failures, market abuse or manipulation, etc.
2. By using the Services you confirm that you have read and understand our no refunds policy, and you acknowledge that all trades, orders, transactions and operations are final and nonrefundable, and we are not required to provide a refund for any reason, and that you will not receive money or other compensation in lieu of a refund.
3. In the event we transfer to you, for any reason whatsoever, any excess Digital Currency, you agree that you will repay any excess amount to us and/or we may deduct such amount from any amount of Digital Currency which is owed to you.
Taxes
1. You acknowledge and agree that you are solely responsible for determining the amount of any taxes that you may owe as a result of these Terms and Conditions and usage of the Services, and are solely responsible to be in compliance, collect, report and remit any such taxes required under law applicable to you and in the relevant jurisdiction(s). You shall declare, bear and pay all such taxes, duties, imposts, levies, tariffs and surcharges that might be imposed by the laws and regulations of any jurisdiction as a result of or in connection with the receipt, holding, use, purchase, appreciation or trading of any Digital Currencies using the Services. You acknowledge and agree that we have no responsibility to collect, report or remit any applicable taxes in connection with these Terms and Conditions and usage of the Services. You hereby agree to fully indemnify, defend and hold us and the Associates harmless from any and all claims, demands, damages, awards, fines, costs, expenses and liability in any way associated with the foregoing obligations or otherwise with respect to any claim, demand or allegation of any tax in any way associated with these Terms and Conditions and usage of the Services.
2. You shall be solely liable for all tax related penalties, claims, fines, punishments, liabilities or otherwise arising from your underpayment, undue payment or belated payment of any applicable tax. We provide no advice, does not act as your tax agent and makes no representation as to the tax implication of any jurisdiction.
Inactivity Fee
1. Where you have not traded on the Site for an uninterrupted period of one year, we thereafter reserve the right to charge and obtain from you an inactivity fee of 100 Euros per year, with or without notice to you.
2. The inactivity fee will be taken from the Digital Currencies that you hold in your account.
Abandoned Property
1. Where you have not logged into your account on the Site for an uninterrupted period of two years, We thereafter reserve the right to deem any and all Digital Currencies that you hold on the Site, to be abandoned, with or without notice to you. If your property is abandoned, it will be dealt with in one of two ways:
  1. if you are an unverified customer, it will be immediately forfeited to and seized by us;
  2. if you are a verified customer, we will engage in a process to determine the abandoned property's owner (including successors-in-interest and next-of-kin). This process will be subject to servicing and administration fees to be levied on and collected out of the property by us. Any amounts greater than our servicing and administration fees will be paid to the property's owner, when and if found.
No Class Proceedings
1. Whether the dispute is heard in arbitration or in court, you and we agree that any party hereto may bring claims against the others only on an individual basis and not as a plaintiff or class member in any purported class or representative action, arbitration or proceeding.
2. No adjudicator may consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Any relief awarded to any user of the Site cannot and may not affect any other users of the Site.
Prohibited Uses
1. You must act in accordance with these Terms and Conditions and applicable law and refrain from any action that may cause damage to the Site, the Services and/or us.
2. You may not (it is prohibited) and you confirm and warrant that you will not engage in any of the following prohibited activities:
  1. use the Site or any Services in order to disguise the proceeds of, or to further, any breach of applicable laws or regulations, or to deal in any contraband Digital Currencies, funds, or proceeds;
  2. trade or use any Services, with anything other than funds, keys, or Digital Currencies that have been legally obtained by you and that belong to you;
  3. use the Site or any Services for money laundering and/or terrorist financing activities, smuggling or commercial bribery;
  4. directly or indirectly carry out or assist with the legalization of Digital Currencies, funds, or proceeds obtained by criminal or other unlawful means and activities;
  5. use the Site or any Services to interfere with or subvert our rights or obligations or the rights or obligations of any other Site customer or any other third party;
  6. trade using inaccurate information presented by the Site or by us or take advantage of any technical glitch, malfunction, failure, delay, default, or security breach;
  7. undermine the trading order, conduct improper transactions or any other illicit trading activities, including, but not limited to, malicious manipulation of prices or other trading information;
  8. use auto trade robots (bots) or any other kind of automatic trading software or devices;
  9. use the Site or any Services to engage in conduct that is detrimental to us or to any other Site customer or any other third party, or could interfere with, disrupt, negatively affect or inhibit other customers from fully using the Services, or that could damage, disable, overburden or impair the functioning of the Site or any Services in any manner;
  10. open an account for others, or in a name other than your own name;
  11. open multiple accounts (without prior written consent from us);
  12. falsify any account registration details provided to us;
  13. falsify or materially omit any information or provide false, inaccurate or misleading information requested by us, including at registration;
  14. use or attempt to use another customer's account without authorization;
  15. reverse-engineer, decompile, or disassemble any software running on the Site;
  16. attempt to harm us or any third party through your access to the Site or any Services, except that nothing in this subparagraph shall be construed as limiting your free speech rights under applicable law;
  17. where you are a resident or national of any Prohibited Jurisdiction or the United States of America access the Site or any Services using any virtual private network, proxy service, or any other third party service, network, or product with the effect of disguising your IP address or location;
  18. violate any law, statute, ordinance, regulation, contract or other third party right or commit a tort in any jurisdiction;
  19. infringe upon our or any third party's copyright, patent, trademark, or intellectual property rights;
  20. any criminal activity or fraudulent acts;
  21. distribute unsolicited or unauthorized advertising or promotional material, any junk mail, spam, or chain letters;
  22. use a web crawler, robot, spider or similar technique to access Services or to extract data;
  23. take any action that imposes an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information;
  24. transmit or upload any material to the Site that contains viruses, Trojan horses, worms, or any other harmful or deleterious programs;
  25. otherwise attempt to compromise security, tamper with system resources or gain unauthorized access to the Site, other accounts on the Site, computer systems or networks connected to the Site, through password mining or any other means;
  26. transfer any rights granted to you under these Terms and Conditions;
  27. encourage or induce any third party to engage in any of the activities prohibited under this paragraph;
  28. violate these Terms and Conditions or any of our policies and rules.
3. Any use as described in this paragraph shall constitute a "Prohibited Use". If we determine that you have engaged in any Prohibited Use, we may address such Prohibited Use through an appropriate sanction, at our sole and absolute discretion. Such sanction may include, but is not limited to, making a report to law enforcement or other authorities; confiscation of any Digital Currencies that you have on the Site; and, terminating your access to any Services. We may, at our sole and absolute discretion, seize and hand over your property to law enforcement or other authorities where circumstances warrant. We also reserve the right to cancel and/or suspend your account and usage of the Services immediately and without notice if it determines, at our sole discretion, that your account and usage of the Services is associated with Prohibited Use, and/or a prohibited business, and or illegal activity under applicable law.
Intellectual Property
1. "SpectroCoin" name and the "SpectroCoin" logos, the URLs representing the Site, trade names, word marks, and design marks (the "SpectroCoin Marks") are our, Associates’ or our partners’ trademarks. In addition, all page headers, custom graphics, design, button icons, scripts, source code, content are copyrighted by us, Associates or our partners’. You are not permitted and agree not to appropriate, copy, display, imitate, modify, alter, amend, reproduce, republish, post, upload, transfer, distribute, transmit, collect or use the SpectroCoin Marks or other content in any manner without our express, prior, written permission to do so. Unless otherwise indicated, all content and materials on the Site, including, but not limited to, all logos, graphics, pictures, design, text, data, video, audio, scripts, source code, software, technology, databases, content, are exclusive our, Associates’ or our partners’ property and copyrighted by them.
2. You acknowledge and agree that any materials, including but not limited to questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information or commentary you provide on the Site or one of our social media accounts, regarding us or the Services (collectively, "Feedback") that are provided by you, whether by email, posting to the Site or otherwise, are non-confidential and will become the sole our property. We will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Data Protection
1. Privacy is very important to us. Full details of our Privacy Policy can be found at this link. We recommend that you read the Privacy Policy carefully, so that you know the data that we collect, how we use the data, who we share your data with and your rights associated with your privacy.
Your Representation and Warranties
1. You represent and warrant to us as follows:
  1. that, if you are an individual customer, you are 18 years of age or older and that you have the full legal capacity to enter into contracts under applicable law;
  2. that, if you are a representative of the customer, you have the requisite power and authority to sign and enter into binding agreements for and on behalf of the customer;
  3. that you are legally permitted to receive and hold Digital Currencies;
  4. that your usage of the Services is voluntary and based on your own independent judgment without being coerced, solicited or misled by anyone else, and you have sufficient knowledge on Digital Currencies, trading and blockchain technology;
  5. that you understand the risks associated with using the Site and Services and you are not otherwise prohibited by law and/or these Terms and Conditions from using the Site and Services, and will not use the Services or will immediately cease using them if any applicable law in your jurisdiction prohibits or will prohibit you at any time from doing so;
  6. that you take sole responsibility for any restrictions and risks associated with your usage of the Services, whether referred to in these Terms and Conditions, arising under any applicable law or otherwise;
  7. that you are not an individual who is a citizen, resident or tax resident of any Prohibited Jurisdiction or the United States of America (including all territories of this country);
  8. that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct while using the Services;
  9. that you are not a criminal, are not associated with any criminal activity, and that all funds that are used by you in connection with the Services are free from any criminal association, are not the proceeds of crime, and are not derived from any criminal activity;
  10. that you will not use the Site or any Services in order to disguise the proceeds of, or to further, any breach of applicable laws or regulations, or to deal in any contraband Digital Currencies or proceeds;
  11. that you will not trade on the Site or use any Services with anything other than Digital Currencies that have been legally obtained by you and that belong to you;
  12. that you will not falsify any account registration details provided to us;
  13. that you will not falsify or materially omit any information or provide misleading information requested by us in the course of, directly or indirectly relating to, or arising from your activities on the Site or use of any Services, including at registration;
  14. that you will ensure that any information or content posted, or permitted or caused to be posted, on the Site by you, shall be non confidential or non proprietary, unless expressly indicated otherwise, and not offensive, illegal under any applicable law, and that you will be responsible for all such information or content;
  15. that any trading or other instructions received or undertaken through your login credentials or from your authorized email address on file with us are deemed to be valid, binding, and conclusive, and that we may act upon those instructions without any liability or responsibility attaching to it;
  16. that you do not intend to break or misuse the Services and/or us for money laundering, terrorist financing or any illegal activities;
  17. that you will not engage in any Prohibited Use;
  18. that you agree to undertake any and all liabilities for your own trades, orders, transaction and non-transaction activities, as well as any and all profits and Losses therefrom;
  19. that you waive the right to participate in any class action lawsuit or any class wide arbitration against us, the Associates and any person or legal entity associated with it;
  20. that you will fairly and promptly report all income associated with your activity on the Site pursuant to applicable law and pay any and all taxes eligible thereon;
  21. that you understand that Digital Currencies are often described in exceedingly technical language that requires a comprehensive understanding of applied cryptography and computer science in order to appreciate inherent risks. Listing of a Digital Currency on the Site does not indicate approval or disapproval of the underlying technology regarding any Digital Currency, and should not be used as a substitute for your own understanding of the risks specific to each Digital Currency. We give you no warranty as to the suitability of the Digital Currencies traded under these Terms and Conditions and assume no fiduciary duty in our relations with you;
  22. that you have not previously been suspended or removed from the Services;
  23. that you acknowledge that any information that you store or transfer using the Services may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes, including software failures, third party protocol changes, Internet outages, third party denial or Service attacks, acts of God or unscheduled maintenance, and you are solely responsible to backup and safeguard your information, including login credentials, at all times;
  24. that all the representations, warranties and acknowledgments as laid out in this paragraph and these Terms and Conditions are true and accurate.
No Representations and Warranties by us
1. We make no explicit or implicit representations, warranties, or guarantees to you of any kind, including, but not limited to, any Services, their accuracy, completeness, consistency, applicability, reliability, timing, errors, interruption, security; the accuracy or completeness of the information contained on the Site, displayed or delivered to you; the value, validity, authenticity, quality, suitability, or otherwise, about any Digital Currency you hold, send and/or receive through the Site.
No Waiver
1. Any failure by us to exercise any of our respective rights, powers, or remedies under these Terms and Conditions, or any delay by us in doing so, does not constitute a waiver of any such right, power, or remedy. We do not waive any of the rights not mentioned in these Terms and Conditions.
2. The single or partial exercise of any right, power, or remedy by us do not prevent either from exercising any other rights, powers, or remedies.
Force Majeure
1. In addition to applicable disclaimers stated herein, we are not responsible for damages caused by delay or failure to perform undertakings under these Terms and Conditions when the delay or failure is due to fires; strikes; floods; power outages or failures; acts of God or the state's enemies; lawful acts of public authorities; any and all market movements, shifts, or volatility; computer, server, or Internet malfunctions; security breaches or cyber attacks; criminal acts; delays or defaults caused by common carriers; acts or omissions of third parties; or, any other delays, defaults, failures or interruptions that cannot reasonably be foreseen or provided against.
2. In the event of force majeure, we are excused from any and all performance obligations and these Terms and Conditions.
Suspension and Termination
1. We reserve the right, at our sole discretion and without prior notice to you, to limit, restrict, suspend and/or terminate your usage of the Services and/or your account, as well as freeze your Digital Currencies and/or funds, in any of the following cases at any time:
  1. if we determine that you violate or have at any previous point in time violated these Terms and Conditions or any other agreement that you have entered into with us, any policies or rules, anti-money laundering or any other applicable laws;
  2. if there is a suspicion that your account and/or the Services may be used illegally or there may be money laundering activity, terrorist financing, fraud or any other crime, or non-compliance with any applicable laws and/or regulations;
  3. upon the request of law enforcement or other government agencies, due to court order or regulatory inquiry or order;
  4. if you are abusing any and/or all of the Services;
  5. if any of our third party providers refuses to provide you with any services which we require for fulfillment of the Services;
  6. if you adversely affect our reputation in any way whatsoever;
  7. if you pose any legal liability to us;
  8. upon force majeure events, including operational and technical errors;
  9. if you fail internal or external compliance, anti-money laundering or know your customer checks;
  10. if your identification or other documents expires;
  11. if you are subject to any governmental proceeding, criminal investigation or other pending litigation;
  12. if we detect unusual activity in your account and/or unauthorized access to your account;
  13. if you allegedly register or register in any other person's name as the Services user again, directly or indirectly, or if we discover that the actual account user is not the initial registrant of the account;
  14. when these Terms and Conditions or any other policies are amended and disagree to accept the amendments;
  15. if your information that you have provided to us is untruthful, inaccurate, outdated or incomplete;
  16. until our requested information is provided by you;
  17. upon unexpected operational difficulties or technical failures;
  18. if you interfere with the operation of the Site, the Services and/or other users in any way or by any means;
  19. if you engage in any Prohibited Use;
  20. if we determine that you are infringing the rights of any third parties;
  21. if you fail to pay to us all fees due for the Services;
  22. if your account have been inactive for a period of one year or more;
  23. if there are any other circumstances where we deem we should limit, restrict, suspend and/or terminate the Services and/or your account.
2. We reserve the right, at our sole discretion and without prior notice to you, to limit, restrict, suspend and/or terminate your usage of the Services and/or your account for any other reason that may not be listed in this paragraph or these Terms and Conditions
3. The limitation, restriction, suspension and/or termination of your account shall not affect the payment of the fees due for past transactions or any of your obligations under these Terms and Conditions.
4. In case of limitation, restriction, suspension and/or termination of the Services and/or your account, We reserve the right to convert all your Digital Currencies to a fiat currency of our choice to avoid value fluctuations until limitation, restriction, suspension and/or termination is solved.
5. We shall have no liability or obligation for the termination of these Terms and Conditions.
6. You are allowed to terminate these Terms and Conditions with us and, therefore, close your account at any time by providing us with a prior written notice of at least 60 business days before termination, if all of the following conditions are met: (i) your pending trades have been settled or canceled, (ii) all your due fees and debts have been paid to us, (iii) your account and/or the Services are not limited, restricted or suspended by us.
7. In the event of termination which is not caused by your fault or any other violation of these Terms and Conditions, you must transfer all of your Digital Currencies stored in your account and not owed to us or otherwise attributable to us under these Terms and Conditions, to your personal digital wallet until the of the termination.
8. After the termination of these Terms and Conditions, you do not have the right to require us to continue to provide you with any Service or perform any other obligation, including, but not limited to, requesting us to keep or disclose to you any information in your former account, execute any trades, orders, transactions or to forward to you or any third party any information therein.
9. The termination of these Terms and Conditions shall not prevent us from demanding your liability or any other our right or remedy in respect of the breach concerned (if any) or any other breach of these Terms and Conditions.
Governing Law and Dispute Resolution
1. The interpretation, validity and enforcement of these Terms and Conditions, and all legal actions brought under or in connection with these Terms and Conditions, shall be governed by the law of the British Virgin Islands.
2. We reserve the right to change our jurisdiction or the jurisdiction of these Terms and Conditions at any time at our own discretion, as well as use any parent companies, subsidiaries and/or other affiliated companies for execution of these Terms and Conditions, the Services and other activities related to our business.
3. Any disagreements or disputes between us, arising from these Terms and Conditions, shall be settled in the course of pre-court dispute settlement procedure between us. Before going to court, you shall notify us in writing of any dispute within 10 days of when it arises and provide us with comprehensive evidence supporting the dispute and claim. We will respond to your claim within 30 days, however, we reserve the right to extend this period at our sole discretion as it deems necessary.
4. In case of failure to reach an agreement in the course of pre-court dispute settlement procedure, any disputes, disagreements or claims, arising from these Terms and Conditions or related to it, its breach, dissolution or validity, that have not been solved by you and us, shall be settled in the competent court of the British Virgin Islands.
Governing Language
1. You agree that these Terms and Conditions, our Privacy Policy, and other notices posted through the Site and/or the Services have been drafted in English. Although translations in other languages of any of the foregoing documents may be available, such translations may not be up to date or complete and are provided only for your convenience. Accordingly, you agree that in the event of any conflict between the English language version of the foregoing documents and any other translations thereto, the English language version of such documents shall govern.
Validity
1. These Terms and Conditions are valid until they are terminated for whatever reason.
Notices
1. You agree and consent that all the notices, requests, documents and other communication related to these Terms and Conditions and the Services shall be delivered to you via your account, your email or other electronic means chosen at our sole discretion.
2. You must choose an email address which gives you frequent access to emails sent to that address and check it regularly, as well as comply with your email provider's hardware and software requirements.
3. You are solely responsible for keeping your email address and other contact information up to date and secure.
4. You understand and agree that if we send you any notice but you do not receive it because your email address provided to us is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive any notice, we will be deemed to have provided the notice to you. You waive your right to plead ignorance.
Severability
1. If any provision of these Terms and Conditions, as amended from time to time, is determined to be unlawful, invalid, void, or for any reason unenforceable, in whole or in part, by any court of competent jurisdiction, such unlawfulness, invalidity, voidness, or unenforceability attaches only to such provision and everything else in these Terms and Conditions continues in full force and effect.
Assignment
1. These Terms and Conditions, and any of the rights, duties, and obligations contained herein, are not assignable by you without prior written our consent. Any attempt by you to assign these Terms and Conditions without written consent is void. These Terms and Conditions, and any of the rights, duties, and obligations contained herein, are freely assignable by us without notice or your consent.
Entire Agreement
1. These Terms and Conditions together with any policies, terms and conditions published from time to time on the Site constitutes the entire agreement and supersede all prior and contemporaneous understandings and agreements between the parties regarding the subject matter of these Terms and Conditions.
Survival
1. All provisions of these Terms and Conditions which by their nature extend beyond the expiration or termination of these Terms and Conditions, including, without limitation, sections pertaining to eligibility, risks, fees, intellectual property, suspension or termination, your account usage and cancellation, debts owed to us, general use of the Site, disclaimers, warranties, liability, governing law, disputes with us, and general provisions, shall survive the termination or expiration of these Terms and Conditions.
Confidentiality
1. You represent and warrant that in the course of using the Services, in the event you receive any confidential information, whether orally, in writing, or computer data form, you are obligated to keep such information confidential and in strict confidence, and use it only to the extent permitted under these Terms and Conditions. You may not disclose such confidential information without our prior written consent. Upon termination of these Terms and Conditions, or upon request, you are obligated to immediately return to us or destroy any such confidential information that you received from us.
2. Confidential information shall include matters related to users of the Platform, accounts, transactions, any arbitration or related judicial proceedings, if any, and any other commercial and sensitive information to the greatest extent practicable. Where doubts arise regarding the confidentiality of certain information, you shall address us in writing requesting written approval of any further use of such information.
3. This confidentiality obligation shall remain valid during the validity of these Terms and Conditions and 3 years after the termination of these Terms and Conditions.
Miscellaneous Provisions
1. You confirm that you have read this Agreement, understood its terms, conditions and consequences.
2. You agree to refrain from making, any negative, detracting or unfavorable statements concerning us and the Associates, their respective business or business endeavors, services, products or product history, or their respective former or present officers, directors, agents, distributors or consultants, which may have the effect of diminishing the our reputation or reputation of the Associates.
3. Unless otherwise expressly stated, nothing in these Terms and Conditions shall create or confer any rights or any other benefits to third parties.