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1. Eligibility

Our services are intended solely for users who are at least 18 years old or of other legal age, according to the relevant jurisdiction. If you are suspected of being younger than 18 years of age, we will require you to close your account and will not allow you to continue using our services.

You are not allowed to use the services if you are located in, or a citizen or resident of any state, country, territory or other jurisdiction where your use of the services would be illegal or violate any applicable laws. You represent and warrant that you are not a citizen or resident of any such jurisdiction and that you will not use the services while located in any such jurisdiction. You also may not use the services if you are located in, or a citizen or resident of, any other jurisdiction where Exchanging has determined to prohibit the use of the services. By accepting these Terms you confirm that you are not in, under the control of, or a national or resident of any country where crypto assets transactions are explicitly prohibited or United States of America (including all USA territories like Puerto Rico, American Samoa, Guam, Northern Mariana Island, and the US Virgin Islands).

We may not make all of the services available in all markets and jurisdictions, and may restrict or prohibit the use of all or a portion of the services from Restricted locations listed on the Website. The availability of certain locations may change from time to time and without notice due to regulatory requirements, conditions in jurisdiction, or circumstances otherwise beyond our control. Always check our Website for a list of currently Restricted locations.

We are not responsible for any losses or damages that may arise directly or indirectly from bans or restrictions imposed on the Digital Currencies by your wallet provider or local government. You agree that in the course of using our services and/or interactions with Exchanging you will not violate any law, infringe any copyright or patent of any kind, act in a defamatory or threatening manner, and/or attempt to take any action that may harm our interests directly or indirectly through abuse of our services or the Website.

If you do not meet these eligibility requirements, do not use our services.

2. Description of services

Our services consist in providing you the possibility to enter into transactions for the exchange or purchase or sale of digital assets available on the Website. The exchange or purchase or sale order is submitted by filling in all the fields in the dialogue box and by crediting us with digital assets or other funding. In certain cases, you cannot submit an order unless you register a Personal account. You have a specific time declared in your order to make your payment and transfer funds, otherwise, your order may be recalculated after receiving your payment to reflect the updated exchange rate. All necessary confirmations of your payment, should take place within 6 hours, otherwise we may recalculate your order after necessary confirmations though this is not obligatory for us. You agree to our rates, prices and fees otherwise you should not use the services. We are entitled to review rates, prices and fees from time to time at our own discretion.

We retain the right to redirect you to a platform or website maintained by a third party outside of the Website. Although we enforce strict price accuracy policies for all fiat onramps and providers and do our best to ensure that the information displayed on or via our Website is up-to-date and accurate, we cannot guarantee the reliability or accuracy of third party services. If you encounter any problems with any third party services available via Exchanging , you acknowledge that you should resolve that issue with the relevant third party or fiat provider and that your sole remedy in such circumstances lies within the relevant third party and not within Exchanging.

You may be charged additional fees charged by the third party service provider. Successful completion of your transaction may depend on necessary KYC checks, your country of residence, and chosen payment method. You are solely responsible for your use of the third-party service, and you agree to comply with all terms and conditions applicable to any third party service.

3. Risk disclosure

We warn you about the risks of digital assets trading. By using the services of Exchanging you acknowledge and accept any risks associated with the transactions, agree to be bound by the Terms, and acknowledge and accept the following and any other risks.

Exchange rates have exhibited strong volatility, and extreme swings in price may occur at any time, resulting in a potential loss of purchasing power. Digital assets trading may not be suitable for all investors. If you have any concerns, please obtain advice from a qualified financial advisor.

Any data, prices, news, opinions, researches, analysis, and/or any other information contained on the Website is provided as general market commentary and does not constitute investment advice. We will not accept liability for any loss or damage, including without limitation to, any loss of profit, which may arise directly or indirectly from the use of or reliance on such information.

The content on the Website is subject to change at any time without notice and is provided for the sole purpose of assisting you to make independent decisions. We do not guarantee the accuracy or timeliness of the information on the Website and will not accept liability for any loss or damage which may arise directly or indirectly from the content or your inability to access the Website, for any delay in or failure of the transmission or receipt of any instruction or notifications sent through the Website.

We inform you that past performance does not guarantee future success so you need to consider a number of factors to build up a strong investment strategy. Before starting to use our services, please consider your financial position. Please be rational and do not invest money you cannot afford to lose. You should be aware that no refund or reimbursement is possible, and no private or public insurance company will indemnify you for losses.

Cryptocurrency transactions are irreversible, if you send cryptocurrency to a third party, you cannot reverse it or stop payment. When you send cryptocurrency to a blockchain address, you confirm ownership of this address and hold us harmless from any claims and actions. Please note that only owning a private key can prove your ownership of a bitcoin address, but at the same time you cannot give away your private key since anybody with access to it can spend your funds.

Please be careful of any kind of (1) technical support or impersonation scams (e.g. never give out your order link or Password or 2FA, never give support staff (or anyone else for that matter) remote access to your devices, etc. (2) giveaway scams (any giveaways that we offer will direct you to our official websites) (3) investment scams (send cryptocurrency to trusted third parties only and be sceptical of websites or services promising unrealistic investment opportunities) (4) extortion scams (run a precautionary malware scan on your computer using a reputable tool) (5) loader scams (do not cooperate with fraudsters who use stolen credit cards on compromised accounts to perpetuate payment frauds) (6) Telegram scams (we have only one official Telegram, all others are fake) (7) phishing scams (always make sure that our official website domain name is written correctly). Please report any of the above mentioned fraudulent practices to our email or official Telegram or contact local enforcement authorities.

4. Taxation

Taxation of digital assets has very limited or no regulation by governmental and tax agencies in most jurisdictions. You may be subject to certain tax implications when buying or selling digital assets.

It is your responsibility to determine what taxes apply to the transactions and accounts you utilize as a part of the services, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your transaction, or for collecting, reporting, or remitting any taxes arising from any transaction. You warrant that you are acting legally in accordance with any applicable international, federal, state, or local tax laws or regulations.

We encourage you to frequently review and rely on guidance issued by competent authorities for taxpayers who engage in transactions involving virtual currency. For tax purposes, exchange of virtual currency may be treated as supply of service, sale of property or exchange of foreign currency. General tax principles applicable to these types of operations may apply to transactions using virtual currency.

We are not giving tax advice by allowing you to use our services.

5. Use of the Personal account

In order to use selected services, you must register and create an account (“Personal account”). To create your Personal account you will be required to provide us with certain personal information, including, as applicable, the information and documentation associated with identity verification and other mandatory procedures as described in this Terms and Privacy Policy.

Our verification procedures include (1) mobile phone number validation (you enter your mobile phone number in the Personal account, receive an SMS with a verification code on the mobile phone number and enter the code in the Personal account) (2) identity verification (you upload a scanned copy of your primary identification document (e.g. passport, identity card, driver’s license) to the Personal account. Such documents shall have a photo, signature, and validity period (that shall not expire earlier than 6 months after the verification) (3) proof of residential address (you upload a scanned copy of any document supporting your residential address (e.g. utility bills, registration at the residential address, etc.).

You represent and warrant that all information provided to us pursuant to these Terms is true, accurate, and not misleading in any respect. If any such information changes, it is your obligation to update such information as soon as possible.

You acknowledge that in order to conduct the above-mentioned verification procedures, we may perform inquiries, directly or indirectly through third party service providers to prevent misidentification, fraud, suspicious activity, money laundering, or any other forbidden activity. You hereby authorize us, or a third party service provider, to take any measures that we consider necessary to verify and authenticate your identity, confirm the information you submit about your bank (or other financial institution) account, and to take any action we deem necessary based on the results.

You are solely responsible for keeping, protecting, and safeguarding your password and username (login) that have been provided to you or that are generated in connection with your use of the services. If you lose your password and username (login), you may not be able to access your account. You agree to notify us immediately of any unauthorized use of your Personal account. We will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your Personal account.

Creation of the Personal account on the Website is not required to get access to information about exchange rates, statistics, and legal notices published on the Website.

6. Anti-money laundering requirements

We take all appropriate measures and implement the best standards to comply with all applicable laws and regulations regarding Anti-Money Laundering (“AML”). We will make reasonable efforts to detect and prevent people engaged in any criminal activity in any jurisdiction from using our services.

We are further required to obtain and record information and documentation that helps to confirm your identity or provides additional information regarding your use of the services. If we cannot confirm this information, we may require additional documents to verify your identity. We may ask for this information at any time before, during, or after your use of the services.

We also may request information from you as a result of our name screening processes, for investigative purposes related to you or to another user, or as a randomly sampled test of the accuracy of our processes. In the latter case, we may require documentation from you at no fault, and ask you to furnish it with or without a reason provided.

While we may delegate day-to-day operational duties to the third party service provider (i.e. for effective risk management in selected jurisdictions), the responsibilities for maintaining effective oversight and governance of outsourcing arrangements, managing outsourcing risks, and implementing an adequate outsourcing risk management framework, continue to rest with the Company and its senior management.

7. Refunds

Virtual currencies are digital assets, transactions (either completed or pending) of which are irreversible by the nature of the technology itself. You acknowledge that exchange rates are highly volatile within the virtual currencies market, what makes the refund mechanism sometimes impossible for both parties. Virtual currencies sent to incorrect addresses are considered lost and cannot be retrieved from within the blockchain. You acknowledge that Exchanging is not responsible for any risks associated with the transactions within the blockchain.

Basically, all funds (either virtual currencies or fiat) traded through the Exchanging are not eligible for a refund. Once you initiate a transaction with a digital asset, we fix the exchange rate and process the transaction, so you cannot cancel it at any time.

In exceptional cases, we may consider your refund request and decide at its own discretion in 5 working days. These exceptional cases are limited to serious payment delays, errors that occurred solely due to incorrect functioning of Exchanging website, or any guilty actions of third parties. Please note that in such cases Exchanging will deduct all applicable costs and fees related to the refund. You acknowledge and agree that there is a respective fee that Exchanging will charge accordingly for each refund which is 2%(minimum $1) in addition to any external fees.

Refund requests must be submitted within 5 working days of completing the original funding. To request a refund, you should send us a ticket on your order page or an email and indicate your transaction details. All refund requests will be processed using the same payment method as the original funding.

8. Security

We believe that it is our goal to secure information relating to your use of our Website and Personal account. As a result, we make reasonable efforts to maintain an information security management system; to control its information with strong controls; to continuously offer training to our personnel on information security; to prevent unauthorized access, leakage, modification, theft/loss, denial of service attacks, or any other security threat; to identify and limit the incidence of information security breaches; to proactively address laws and regulations in each jurisdiction in which we operate relating to information security standards and requirements.

9. Liability

We reserve the right to close your Personal account, access to the Website, or access to the services for any reason and at any time, returning to you any funds clearly and unambiguously owed to the most recent contact information you have provided.

You shall indemnify Exchanging and our agents (if any), employees, officers, directors, affiliates, subsidiaries, and successors, and hold them harmless from and against all third-party claims except those resulting solely from our breach of the Terms.

We shall not be liable for any delay or failure in the performance or in the delivery or shipment of digital assets, or for any damages suffered by you by reason of such delay or failures, directly or indirectly caused by or in any manner arising from or connected with acts of God, acts of public enemies, riots, strikes, acts of governmental agencies, failure of power supply, telecommunications or other suppliers, delays in securing or shortages of raw materials, breakdown or destruction of any system or equipment or any other cause or causes beyond our control of any kind.

Exchanging takes all possible measures to integrate and exchange those digital assets that cannot be classified as “security” by competent national authorities. We follow the best practices to decide whether crypto assets are secure or not. However, for the avoidance of any doubt, the provisions of this clause shall not constitute or deemed to be construed to constitute any warranty and/or investment, financial, legal, or any other professional advice.

10. Personal data

When collecting data, only the personal data absolutely required for that purpose may be requested. This means that no data other than what is necessary can be requested, or stored.

Basically, we consider that your personal data should be retained only while necessary. In particular, personal data should be deleted once the legitimate purpose for which it was collected has been fulfilled. We take commercially reasonable efforts to secure your personal data and protect it from unauthorized access, use or disclosure. If you provided us with electronic data, we will secure your personal data on our servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. All electronic personal information is transmitted to other websites through the use of Secure Socket Layer (SSL) encrypted protection. We will retain your personal information for a reasonable period or as long as required by law.

11. Intellectual property

We grant you a limited, nonexclusive, non-transferable license, subject to these Terms, to access and use the Website and services, solely for approved purposes as permitted by Exchanging. You agree you will not copy, transmit, distribute, sell, license, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of our materials. Access to the Website is provided on an “as is” and “as available” basis, with no further promises made by us around the availability of the services. Specifically, we do not give any implied warranties of title, merchantability, and/or non-infringement. We do not make any promises that access to the Website, any of the services, or any of the materials contained therein, will be continuous, uninterrupted, timely, or error-free.

The license will terminate automatically if we suspend or terminate your access to the Personal account or services. In case you upload or share any feedback, suggestion, idea, or other information or material with us you automatically grant us a worldwide license to use your content. It becomes part of the public domain as long as it remains on our Website and services. It can be used for marketing or any other purposes at our sole discretion.

12. Sanctions

You guarantee that you are not subject to any U.S. sanctions administered by the Office of Foreign Assets Control of the U.S. Department of the Treasury (“OFAC”); no action, suit or proceeding by or before any court or governmental agency, authority, or body or any arbitrator involving you with respect to U.S. sanctions administered by OFAC is pending or, to your knowledge, threatened; and you have not directly or indirectly lent, contributed or otherwise made available funds to any party, joint venture partner or other person or entity, for the purpose of financing the activities of any person that would, if undertaken by a U.S. person as defined in the U.S. sanctions administered by OFAC, be prohibited by any U.S. sanctions administered by OFAC.

13. Prohibited jurisdictions

You confirm that you are not a national or resident of the following prohibited jurisdictions: Afghanistan, Algeria, Bahrain, Bangladesh, Bolivia, Cambodia, Central African Republic, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Mali, Mauritania, Nepal, North Korea, Oman, Pakistan, Palestinian Territory, Somalia, Sri Lanka, Sudan, Syria, Yemen. We maintain the right to restrict or refuse its services in these jurisdictions.

14. Changes to the Terms

We may modify these Terms by providing notice of such changes, such as by sending you an email, providing notice through the services, or updating the “Last updated” date at the top of these Terms. By clicking on an “I Agree” button or checkbox presented with the modified Terms, or by continuing to access or use the services, you confirm your agreement to the modified Terms. If you do not agree to any modification to these Terms, you must stop using the services. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the services.

15. Final provisions

The invalidity or unenforceability of any provision of the Terms shall not affect the validity or enforceability of any other provision of the Terms, which shall remain in full force and effect.

Our failure to exercise any right arising out of a violation of the Terms committed by you shall not operate as a waiver. We reserve the right to resort to any remedy at any time to protect its interests and intellectual rights to the protected elements of the Website.