I. COMMON PROVISIONS
You should therefore carefully consider whether trading or holding Digital currencies are suitable for you in light of your financial condition and possible risks.
Deposit:means a transaction involving a transfer of funds to the Account. Deposit of Platform’s Internal Stablecoin(s):means a purchase of Platform’s Internal Stablecoin(s) by User from the xCrypt at a fixed price with depositing of bought Platform’s Internal Stablecoin(s) on User’s account.
External Wallet:means a Digital currency or Fiat wallet that is not part of the xCrypt’s platform but which may be indicated on the xCrypt’s platform. Fiat currency:means government-issued currency, which is regulated in its country of issuance through government regulation or law. Fiat currency storage service:means service, delivered by a third party, holding an appropriate financial license, which includes holding of User’s Fiat currency on External Wallet of User. Platform’s Internal Stablecoin:means blockchain based Digital currency, created and operated by the xCrypt, which could be used only for transactions on xCrypt platform and has the fixed price in Fiat currency or Digital currency. The fixed price of the Platform’s Internal Stablecoin is guaranteed by xCrypt.
III. Eligibility and Prohibition of use
Depending on the User’s place of residence (and/or other legal facts), the User may not be able to use all the functions of the Website. It is the User’s responsibility to follow those rules and laws in his/her place of residence and/or place from which the User accesses this Website. The User must understand that technical possibility to use the appropriate Services on the Platform (xCrypt’s software) doesn’t mean that such a use is legal for him/her. The User is solely responsible for understanding and complying with any and all laws, rules and regulations of his/her specific jurisdiction that may be applicable to the User in connection with the use of any and all services, products and content of xCrypt. Please note that not all our Services are available in every country. In particular, xCrypt does not provide Services to citizens or residents of countries that are blacklisted by FATF. Depending on the User’s place of residence, there might be other factors which might limit the Users in using the Services fully or in part.
It is your responsibility to follow those rules and Laws in your place of residence and/or place from which you access the Site and/or the Platform. xCrypt currently may restrict trading activity for Users (including residents and citizens, or through agency or representation) in the certain jurisdictions (including, but not limited to): United States, Canada, UK, Australia, France, Japan, People’s Republic of China. attention to users, in particular to residents of united states of america (citizens and/or other persons, obliged to comply with the appropriate laws of usa) or any other jurisdiction or country where initial distribution or secondary trading of certain digital currency (traded on this platform and/or via the xCrypt’s software) is (would be) contrary to any law or regulation or demands any registration, licensing or other authorization, etc. of entity, person, digital currency and/or demands from entities (persons), managing this platform to perform other legal deeds. the appropriate digital currency, traded on this platform and/or via xCrypt’s software (in particular, token, which could be considered as securities by sec) is not intended for purchase/sale and/or distribution to, or use by any person or entity in any jurisdiction or country, where such purchase and/or distribution and/or use is (would) be contrary to any law or regulation, or which would oblige (would subject) an issuer/seller/buyer of such digital currency (traded on this platform and/or via the xCrypt’s software) and/or xCrypt and/or entity (including their affiliates) creating/maintaining this website to any registration, licensing or other authorization requirement within such jurisdiction or country.
IV. OUR SERVICES
xCrypt provides an online Digital currency (asset) trading platform for Digital Currency.
xCrypt functions as a trading platform provider and not as a buyer or seller in trades made between Users, Sellers, Buyers. The User acknowledges and agrees that, when completing trading transactions, he/she is trading with other Users, and that xCrypt acts only as a provider of technical services (the Platform and/or xCrypt’s software) in such transactions, not as the counterparty to any trade. As an exception to the above xCrypt reserves the right to sell to Users the Platform’s Internal Stablecoin(s) while Deposit of Platform’s Internal Stablecoin(s) and/or to buy the Platform’s Internal Stablecoin(s) while Withdrawal of Platform’s Internal Stablecoin(s).
xCrypt strives to maintain the accuracy of information on the Website (Platform) and/or given while providing of the Services, however xCrypt cannot and does not guarantee the accuracy, suitability, reliability, completeness, performance or fitness for any purpose of the content made available through the Website (Platform), Services, and will not be liable for any loss or damage that may arise directly or indirectly from your use of such content. Information on the Services can be subjected to change without notice and is provided for the primary purpose of facilitating users to arrive at independent decisions. xCrypt does not provide investment or advisory advice and will have no liability for the use or interpretation of information. All users of the Services must understand that there are risks involved in trading in Digital Currencies.
xCrypt encourages all users to exercise prudence and trade responsibly within their own means.
V. OUR RIGHTS, RESPONSIBILITIES AND WARRANTIES
xCrypt represents and warrants that once the orders to buy or sell Digital currencies match, such orders may not be cancelled or reversed. It holds all Digital currencies acquired by each User in his/her Account and on the respective User's behalf. xCrypt reserves the right to cancel orders/trades obviously made by mistake (in particular if the price of the order/trade due to mistake is clearly very different from the market price, orders/trades obviously made due to lags of User’s equipment/software etc.) The cancelation can be made based on request of interested User and/or decision of xCrypt and only if an appropriate technical possibility exists in case if mistake made is absolutely obvious. This right couldn’t be considered as an obligation and/or a guaranty of xCrypt. xCrypt does not provide any financial, investment or legal advice in connection with the Services provided by xCrypt. xCrypt may provide news of the Platform, information on the price, range, volatility of Digital currencies and events that have affected the price of Digital currencies and/or links to trading ideas of third parties (persons), but it should not be considered as an investment or financial advice and should not be construed as such. Any decision to buy or sell Digital currencies is the User’s decision and xCrypt will not be liable for any loss suffered. No communication or information provided to User by xCrypt is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice. User is solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for him/her based on his/her personal investment objectives, financial circumstances and risk tolerance. User should consult legal or tax professional regarding specific situation. xCrypt does not recommend that any Digital Currency should be bought, earned, sold, or held. Before making the decision to buy, sell or hold any Digital Currency, User should conduct his/her own due diligence, study documents (terms and conditions, white paper, etc.) related to Digital currency and consult financial advisors before making any investment decision.
xCrypt will not be held responsible for the decisions User make to buy, sell, or hold Digital Currency based on the information provided by xCrypt.
VI. THE USER’S RIGHTS, RESPONSIBILITIES AND WARRANTIES
VII. RISK DISCLOSURE
Any statements made on Platform, in xCrypt’s software or in information provided by xCrypt do not constitute investment advice. xCrypt is not liable for any errors or omissions or oversights. You are not entitled to a refund at any time or for any reason. The Digital Assets market is a dynamic area and the respective prices are often highly unpredictable and volatile. You should not deal in these or similar products unless you understand their nature and the extent of your exposure to risk. You should also be satisfied that the product is suitable for you in light of your circumstances and financial position. In addition, use of the Platform and of our Services can never be considered a safe investment but only an investment with a high risk of loss inherently associated with it. It is possible that the value of Digital Assets will drop significantly in the future.
The market for Digital Assets is still new and uncertain. No-one should have funds invested in Digital Assets or speculate in Digital Assets that she is not prepared to lose entirely. Whether the market for one or more Digital Assets will move up or down, or whether a particular Digital Asset will lose all or substantially all of its value, is unknown. Participants should be cautious about holding Digital Assets. There are risks associated with utilizing an internet-based platform including, but not limited to, the failure of hardware, Services software, and internet connections. You acknowledge that xCrypt shall not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the services. Hackers or other groups or organizations may attempt to steal your Digital Assets or the revenue from your transactions. The Software rests on open-source software, and there is a risk that some weaknesses or bugs may be introduced into infrastructural elements of the Platform causing the loss of the Digital Assets stored in one or more Wallets. The blockchain used for the Services software is susceptible to mining attacks, including but not limited to double-spend attacks, majority mining power attacks, “selfish-mining” attacks, and race condition attacks. Any successful attack presents a risk to the Software, expected proper execution and sequencing of the transactions, and expected proper execution and sequencing of computations.
Digital Assets transactions are irrevocable and stolen or incorrectly transferred Digital Assets may be irretrievable. As a result, any incorrectly executed Transaction could adversely affect the value of your Wallets. Once a transaction has been verified and recorded in a block that is added to the blockchain, an incorrect transfer of Digital Assets or a theft of Digital Assets generally will not be reversible and there may be no compensation for any such transfer or theft. The risk information presented here does not reflect all of the risks or other important aspects of your transactions via the Services (including related to the nature and performance of any products available on the Platform). Therefore, before starting to use the Services, you should learn the specifics of such transactions and possible underlying assets in detail or seek further professional advice.
Please consider these risks carefully and seek professional advice if anything in this section or in the general is not clear to you. Do not use the Services until you are sure that you correctly understand all the associated risks. Markets for Digital Assets have varying degrees of liquidity. Some are quite liquid while others may be thinner. Thin markets can amplify volatility. There is never a guarantee that there will be an active market for one to sell, buy, or trade Digital Assets or products derived from or ancillary to them. Furthermore, any market for tokens may abruptly appear and vanish. xCrypt makes no representations or warranties about whether a Digital Asset that may be traded on the Site any point in the future, if at all. Any Digital Asset is subject to delisting without notice or consent.
Values in any digital asset marketplace are volatile and can shift quickly. Participants in any Digital Assets market are warned that they should pay close attention to their position and holdings, and how they may be impacted by sudden and adverse shifts in trading and other market activities. The legal status of certain Digital Assets may be uncertain. This can mean that the legality of holding or trading them is not always clear. Whether and how one or more Digital Assets constitute property, or assets, or rights of any kind may also seem unclear. Participants are responsible for knowing and understanding how Digital Assets will be addressed, regulated, and taxed under applicable law. When you finance a purchase or sale of Digital Assets on a peer-to-peer basis, you run the risk of losing your provided financing. Similarly, when you accept financing to enter a trading agreement, you accept the risk of not being able to repay that financing (e.g., if the market price of the Digital Asset you purchased with the financing falls). Participants should know all of the terms of any contracts they enter and how their trading strategies and other market and risk factors can affect their financing obligations. Before buying, trading Digital Asset (including initial offering) User has to read (study) carefully and to understand the documents related to such Digital asset (e.g. terms and conditions, white paper, road map etc.).
VIII. INTELLECTUAL PROPERTY RIGHTS
All content on this Site is the property of xCrypt and is protected by copyright, patent, trademark and any other applicable laws, unless otherwise specified hereby. The trademarks, trade names, service marks and logos of xCrypt and others used on the Site (hereinafter the “Trademarks”) are the property of xCrypt. The software, applications, text, images, graphics, data, prices, trades, charts, graphs, video and audio materials used on this Site belong to xCrypt.
The Trademarks and other content on the Site may not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means, no matter manual or automated. The use of any content from the Site on any other site or a networked computer environment for any other purpose is strictly prohibited; any such unauthorized use may violate copyright, patent, trademark and any other applicable laws and could result in criminal or civil penalties. Each project, team, company, User – initiator, sponsor of COIN/TOKEN listing and/or customer of listing services and/or services of IEO grants to xCrypt a non-exclusive, personal, royalty-free license to use its created intellectual property (logos, trademarks, description of the project, promotional materials, etc.) in relation to listing and/or IEO to the extent necessary for xCrypt to carry out its obligations in relation to listing and/or IEO and for informing and promotion.
If the User refuses to provide required documents and information under KYC, xCrypt reserves the right to immediately terminate the Services provision to the User. The User undertakes to provide xCrypt with correct and relevant documents and personal information contained therein. In case the User provides counterfeit documents and/or false personal information, such behavior will be interpreted as a fraudulent activity – in that case xCrypt reserves the right to immediately terminate the Services provision to the User and/or to suspend the Account. If there is any reasonable doubt that any information provided by you is wrong, untruthful, outdated or incomplete, xCrypt shall have the right to send you a notice to demand corrections, request additional information, remove relevant information directly and, as the case may be, terminate all or part of the Services to you. You shall be solely and fully responsible for any loss or expenses incurred during the use of Services if you cannot be reached through the contact information provided.
X. ACCOUNT MAINTENANCE
The Site is for the User’s personal and non-commercial use only. You are not permitted to use the Services for any resale or commercial use including to place trades on behalf of another person or entity. xCrypt is vigilant in maintaining the security of the Site and the Service. By registering with xCrypt, the User agrees to provide xCrypt with actual (up to date), accurate and complete personal information as prompted by the registration process and to keep such information updated. The User is allowed to register only one Account on the Platform. Thus, any additional Account may be suspended.
The User agrees that he/she will not use any Account other than their own or access the Account of any other User at any time, or assist others in obtaining unauthorized access - if the User breaches it, xCrypt reserves the right to suspend/freeze his/her account. xCrypt reserves the right to set and/or recommend amount limits for the Account funding/withdrawal. xCrypt may set and/or recommend daily, monthly and per one-transaction amount limits but is not obliged to do it. The User is responsible for maintaining the confidentiality of information on their Account, including, but not limited to their password, email, wallet address, wallet balance and of all activities including transactions made via their Account. If there is any suspicious activity related to the User’s Account or in accordance with its internal policies, xCrypt may request additional information from the User, including authenticating documents and freeze the Account for the review time.
The User is obligated to comply with these security requests or accept termination of their Account. Creation or use of the Accounts without obtaining a prior permission from xCrypt will result in the immediate suspension of all respective Accounts, as well as all pending buy/sell orders. Any attempt to do so or to assist others (Users or other third parties), or distribution of instructions, software or tools for that purpose will result in termination of such Users’ Accounts. Termination is not an exclusive remedy for such a violation and xCrypt may decide to take further action against the User. In case if it has been more than six (6) month since the User signed in with his/her Account or made the Funds deposit, xCrypt has the right to qualify this Account as abandoned. In that case Storage fee will be applied to such Account with ten (10) days prior email notification to the User. xCrypt will charge the Storage fee set forth herein. Abandoned Accounts with zero balances may be deactivated. XI. TRANSACTIONS The Platform allows the User to submit the Orders to buy or sell Digital currencies.
The User recognizes that the Order should only be submitted after careful consideration and the User understands and accepts consequences of its execution. The User agrees that as soon as the Order is executed, such transaction is irreversible and may not be cancelled. Transactions will be executed instantly upon the matching of the Buyer's and the Seller's Orders without prior notice to the Seller and the Buyer and will be considered to have taken place at the execution date and time. The User acknowledges and agrees that in case the destination tag is not specified, is incorrectly indicated or the reference number is incorrectly specified, the User may lose the deposit or at least the processing speed of such requests will be made with low priority. Minimal and maximal price, as well as minimal and maximal order amount and/or other restrictions (limits) for trade orders (operations) may be set. Restrictions (limits) may vary for each trading pair (and/or depending on other details). The User acknowledges and agrees that Deposit and Withdrawal transaction may be delayed due to some verifications and checks (performed by xCrypt or appropriate third parties). Similarly, and due to the inherent nature of the Digital currency networks, the User acknowledges and agrees that depositing and withdrawing Digital currencies into/from their Account may take some time. Unverified users are not allowed to withdraw any Digital currencies from their Account until the verification process has been completed The User can use Vouchers to transfer Digital currencies between the Accounts (if applicable on the Platform). The Voucher should be redeemed before its expiration date set by xCrypt.
xCrypt shall not be liable and shall not accept any liability, obligation or responsibility whatsoever for any loss or damage arising from the User's use of the Vouchers purchased from any third parties or acquired in any other way. To avoid doubts, the User is solely responsible for ensuring that the Voucher they acquired is genuine and redeemable. In case if the User discovers transaction activity, including but not limited to unknown deposits and withdrawals, on their Account that was not initiated by the User, the User shall immediately notify xCrypt of this fact and follow the instructions sent by xCrypt. Otherwise, xCrypt reserves the right to freeze the Account until the end of investigation. xCrypt may be forced to cancel or recall already executed Withdrawal transaction at a request of financial institutions, including but not limited to banks, which are involved in settlement of such transactions. In such cases the User obliges to cooperate with xCrypt in order to discover the reasons for such request xCrypt reserves the right to set the minimal and/or maximal deposit amount for Digital currencies hold by the User on the Platform. If the amount is less and/or higher than specified, the funds will not be credited to the User's Account.
You agree to pay to xCrypt the fees set forth at https://xcryptsupport.zendesk.com/hc/en-us/sections/360001784500-FEES which may be updated from time to time in xCrypt’s sole discretion. Any such updated fees will apply prospectively to any trades or other transactions that take place following the effective date of such updated fees. You authorize xCrypt to remove any amounts from your Account for any applicable fees owed by you under these Terms. The minimal fee equals to minimal currency amount. The fee is charged with a rounding in the favor of the Platform. The rounding policy for Digital currencies may vary depending on Digital currency. For specific type of orders the fee may differ from those published on the Website. Such special fee rate shall be disclosed before the order execution. The fees, other charges, as well as the charge procedure can be changed/reviewed unilaterally by xCrypt from time to time and such changes shall become effective the moment they are posted on the Site. The Storage fee may be charged by xCrypt for storing any Digital currency until assets are claimed back by the User or the Account goes to a zero balance. The Storage fee (if applicable) is set in the Fee Schedule page. The Storage fee is charged on a daily basis. xCrypt has the right to change the Storage fee unilaterally.
XIII. ILLEGAL TRANSACTIONS
xCrypt reserves the right to suspend or terminate your Account on the Platform at any time if we reasonably believe to be required to do so by the law or in order to comply with recommendations issued by a relevant government authority or recognized body for the prevention of financial crime. It is strictly forbidden to use the Account for any illegal purposes. xCrypt will report any suspicious activity to the relevant law enforcement. The User shall ensure that they do not use the Services for the transactions relating to: - money laundering, terrorist financing, proliferation of weapons of mass destruction; - human trafficking; - any goods or services that are illegal or the promotion, offer or marketing of which is illegal or that are offered in connection with illegal, obscene or pornographic content, depict children or minors in sexual postures, depict means of propaganda or signs of unconstitutional organizations glorifying war or violating human dignity; - any goods or services, promotion, offer or marketing of which would violate copyrights, industrial property rights or other rights of any person; - archeological findings; - drugs, narcotics or hallucinogens; - weapons of any kind; - illegal gambling services; - Ponzi, pyramid or any other “get rich quick” schemes; - goods that are subject to any trade embargo; - media that is harmful to minors and violates laws and, in particular, the provision in respect of the protection of minors; - body parts or human remains; - protected animals or protected plants; - weapons or explosive materials; - or any other illegal goods, services or transactions.
XIV. ACCOUNT SECURITY
The User is responsible for maintaining the confidentiality of their Account’s credentials, including, but not limited to a password, email, wallet address, balance and of all activity including transactions made through the Account. xCrypt personnel will never ask the User to disclose their password. Any message the User receives or website that he/she visits that asks for the password, other than the xCrypt’s Site, should be reported to xCrypt. Before each using of the Website the User has to check (ensure) that he/she is using a genuine website. We advise to change the User’s password regularly in order to reduce the risk of a security breach in relation to the Account. The User must never allow anyone to access his/her Account or watch the User accessing his/her Account. If the User has any security concerns concerning his/her Account, login details, (password or other security feature being lost, stolen, misappropriated, used without authorization or otherwise compromised), the User is advised to change the password immediately. The User must contact support service without undue delay on becoming aware of any loss, theft, misappropriation or unauthorized use of the Account, login details, password or other security features. If the User suspects that someone else accessed his/her Account, the User should also contact an appropriate government agency and report the incident. The User must take reasonable care to ensure that his/her email account(s) are secure and only accessed by the User, as his/her email address may be used to reset passwords or to communicate with the User about the security of the Account. xCrypt cannot be liable for the breach of an email account resulting an unauthorized transaction to be executed with proper confirmation. In case any of the email addresses registered with the User’s Accounts is compromised, the User should without undue delay after becoming aware of this contact Support Service and also contact his/her email service provider. Irrespective of whether the User is using a public, a shared or his/her own computer to access the Account, the User must always ensure that his/her login details are not stored by the browser, cached or otherwise recorded. The User should never use any functionality that allows login details or passwords to be stored by the computer he/she is using. Additional products or services the User uses may have additional security requirements and the User must familiarize with those as notified to him/her. We strictly recommend to use additional authentication options of the Platform. The User shall be the only liable for the damages or losses caused by his/her negligence in security matters and/or non-reporting, delay in reporting security/access concerns to xCrypt. User shall be solely responsible for the safekeeping of his/her Account and password, and shall be responsible for all activities under Account and xCrypt will not be responsible for any loss or consequences of authorized or unauthorized use of your Account credentials including but not limited to information disclosure, information posting, consent to or submission of various rules and agreements by clicking on the website, online renewal of agreement, etc.
XV. FRAUD INVESTIGATION POLICY
User has to report fraud, related to certain operation(s)/asset(s)/account(s) to the xCrypt’s legal department [email protected] Fraud report has to be made from the User’s email bound with his verified account to authenticate User's identity. Additional verification of the User’s identity may be requested by xCrypt. If convincing evidence(s) of fraud is(are) provided, the appropriate operation(s)/asset(s)/account(s) is(are) considered suspicious of fraud. As a rule, the xCrypt will freeze suspicious of fraud asset(s)/account(s) and/or will cancel suspicious of fraud operation(s) and/or will transfer stolen funds to proper owner only based on final resolution in written of the appropriate competent authorities (courts etc.) or based on the xCrypt’s internal KYC/AML procedures. As an exception xCrypt reserves the right: - to freeze temporary asset(s)/account(s) if convincing evidence(s) is (are) submitted that the interested person has turned to law enforcement and the appropriate investigation is underway (for reasonable time according to a decision of an appropriate xCrypt’s body or the Arbitration Committee of the xCrypt); - in absolutely apparent cases to freeze and to return clearly stolen assets to its proper owner based on internal investigation and decision of the Arbitration Committee of the xCrypt (for example if tokens are stolen while ICO directly to account on xCrypt.pro and xCrypt.pro is the only exchange, trading the appropriate tokens). In such cases before assets transfer - the proper owner has to pass registration and verification on xCrypt.pro and the cost of investigation and considering by the Arbitration Committee of the xCrypt (based on time spent) has to be compensated according to the appropriate invoice.
xCrypt also reserves the right to cancel unconfirmed Accounts or Accounts that have been inactive for a period of six (6) months or more and/or to modify or discontinue our Site or Service. The User agrees that xCrypt will not be liable to them or to any third party for termination of their Account or access to the Site. The suspension of the Account shall not affect the payment of the fees due for past transactions. Upon termination, the User shall provide a valid account details or Digital currency address to allow the transfer of any currencies deposited to his/her Account. xCrypt shall transfer the currencies as soon as possible following the User's request in the time frames specified by xCrypt. If account is suspended because of detection of illegal or criminal activity transfer may be delayed for the time necessary for appropriate investigation of an appropriate authorities.
XVII. SERVICES AVAILABILITY
In order to ensure a stability of the Platform API requests maybe reasonably limited by xCrypt at our discretion. If this limit is exceeded, it may result to the ban for reasonable time.
XIX. MOBILE APPLICATIONS AND WIDGETS
XX. NOTICES, ANNOUNCEMENTS AND COMMUNICATION
XXI. GOVERNING LAW AND DISPUTE RESOLUTION
XXII. LIMITATION OF LIABILITY IN NO EVENT SHALL
XXIV. FORCE MAJEURE
XXV. MODIFICATIONS AND AMENDMENTS
XXVI. LINKS TO THIRD-PARTY WEBSITES
This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by xCrypt. xCrypt assumes no responsibility for the content, terms and conditions, privacy policies or practices of any third-party websites. In addition, xCrypt does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release xCrypt from any and all liability arising from the User's use of any third-party website. Accordingly, xCrypt encourages the User to be aware when the User leaves this Site, or the Services found at this Site and to review the terms and conditions, privacy policies and other governing documents of any other website that you may visit.
XXVII. CONTACT US
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