Please leave the Website and do not use any Services if you do not agree with the terms and conditions laid down below. Otherwise, you take all risks and responsibility for holding and dealing in Virtual asset, though we have warned you.
Please note that when you accept these Terms, you are accepting all of the terms and conditions and not just this section. By creating or importing a wallet, downloading or running our mobile application, or visiting our website, or using any of our Services you are agreeing to our Terms, so please read carefully.
1. TERMS AND DEFINITIONS
In this User Agreement, the terms below listed will have the following meaning, unless otherwise indicated in the text:
"Account" means a personal or a corporate account, registered by a User on the Website to access Services on the Website.
"Account details" means User data necessary to access and use of the Site – login, password, email and other data indicated during the registration process as well as after it.
"Affiliate" means with respect to any Person, an individual, corporation, partnership, firm, association, unincorporated organization or other entity directly or indirectly controlling, controlled by or under common control with such Person.
Affiliate also means any individual, corporation, partnership, firm, association, unincorporated organization or other entity which has agreement and relations with Type-X Finance being its service provider or partner if Type-X Finance directly indicates that party as Affiliate.
"Business Day" means any calendar day other than Saturday, Sunday or any other day on which banks and credit institutions are authorised to be closed in British Virgin Islands, United Kingdom, Estonia and other states where banking and payment accounts are registered on the name of Affiliates of Type-X Finance.
"Confidential information" means all information that is not publicly available, which the User determines, orally or in writing, as confidential, or which, based on the circumstances of its disclosure, should be considered confidential.
"Deal" means a record of Deposit, Withdrawal and/or Trade transaction into, out from or at User Account, which is technically executed by Type-X Finance in accordance with User’s Deposit/Withdrawal request or Trade Order.
"Deposit" means a transaction, which involves the transfer of units of Virtual assets to your Account on Type-X Finance.
"Fee" means a commission or other costs, charged by the Company for the use of Services.
"Fiat money" means government-issued currency that is designated as a legal tender in its country of issuance on the legislative level.
"Funds" mean the amount of Fiat money and/or Virtual assets used during the execution of Deals.
"Force Majeure Event" shall be understood as any event beyond Type-X Finance's reasonable control, including but not limited to the flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, suspension of bank accounts of any kind, extraordinary leaps of the course of virtual asset, communications, network or power failure, or equipment or software malfunction or any other cause beyond Type-X Finance 's reasonable control.
"Governmental Authority" means any national, federal, state, provincial, county, municipal or local government, foreign or domestic, or the government of any political subdivision of any of the foregoing, or any entity, authority, agency, ministry or other similar body exercising executive, legislative, judicial, regulatory and/or administrative authority or functions of or pertaining to government, including any authority or other quasi-governmental entity established to perform any of such functions.
" Type-X Finance IP" shall mean all and any copyright and other intellectual property rights in all content and other materials contained on the Site, any products and applications, or provided in connection with the Services, including, without limitation, the Type-X Finance name, trademark, Type-X Finance logo and all designs, text, graphics, pictures, information, data, software, technologies, know-hows, sound and video files, other files and the selection and arrangement thereof.
"Type-X Finance Services" refer to various services provided to you by Type-X Finance that are based on Internet and/or blockchain technologies and offered via Type-X Finance websites, clients and other forms (including new ones enabled by future technological development). Type-X Finance Services include but are not limited to Services, laid down in Section 3 of the Terms and novel services to be provided by Type-X Finance.
"Law" means all applicable laws, regulations, judgments, decrees, treaties, ordinances, orders and rulings, interpretations and statements of policy of any Governmental Authority or regulatory or self-regulatory organization, authority, agency or body, in each case which has jurisdiction over Type-X Finance, the User, or their respective operations.
"Order" means User’s offer to Deposit, Withdrawal and/or Trade transaction into, out from or at User Account, which is technically executed by Type-X Finance.
"Parties" means Type-X Finance and the User.
"Person" means an individual, partnership, limited partnership, corporation, limited liability company, joint stock company, unincorporated organization or association, trust or joint venture, or a Governmental Authority or political subdivision thereof. Person also means the Person's Representatives, successors or permitted assigns.
"Services" means any services, provided by the Company, laid down in Section 3 of the Terms.
"Service" means Site, including trading platform, accessible using the internet and/or telecommunications networks and/or such other graphical user interface, application program interface or other front-end trading interface as Type-X Finance may establish or permit from time to time to enable authorized Users of the trading platform to enter into Transactions, other specific products, applications of Type-X Finance.
"Term" means the term of this Agreement that shall commence upon acceptance by you of this Agreement according to the procedure defined in the recitals of this Agreement and shall continue as long as you are authorized to use the Service by Type-X Finance, subject to any earlier termination in accordance with this Agreement.
"Third-Party Software" is the development tool, compiler and other software and technology of third parties, including without limitation links to web pages of such parties, which may be represented by Type-X Finance while providing Services.
"Third-party service" is any platform or network in which Funds belong to You or where You are the beneficial owner of Funds; and this platform is maintained by a third party outside of the Services; including, but not limited to third-party accounts.
"Trade" shall be understood as an exchange of the Virtual asset or equivalent of Fiat money of one type, owned by one User Account, to the Virtual asset or equivalent of Fiat money of another type, owned by another User Account, at the terms and conditions set forth by such exchange parties, and which is executed solely and exclusively within the Site. In no case shall the Trade be deemed or construed to be a marginal trade.
"User" (also referred to as "You", "Your") – an individual or a legal entity, incorporated in an appropriate legal form, who uses the Services, registered on the Site according to the User Agreement and holds the Personal Account on the Site, and which doesn’t carry any activity listed in Section 5.6.
"Users" refer to all individuals, institutions or organizations that access, download or use Type-X Finance or Type-X Finance Services and who meet the criteria and conditions stipulated by Type-X Finance.
"Virtual asset (VA)" means decentralized peer-to-peer digital asset or digital currency, that is not legal tender, is not securities, e-money, or money under the Applicable Law, and can be transferred, traded and used for payments and exchange purposes.
"Website" or "Site" means set of information, texts, graphic and design elements, pictures, photo, video and other fruits of intellectual activity, as well as set of software which ensures the accessibility of this information at https://typexfinance.com
and the sub-domain web-sites belonging to Type-X Finance.
"User Account" means a set of protected pages created as a result of User registration, with the help of which User has the ability to perform transactions and keep records of his activity on the Service.
"Withdrawal" means any term derived means an operation involving a transfer of Funds from the User’s Account.
2.1. These Terms constitute a legally binding agreement between you and the Company.
2.2. These Terms apply to any and all Services, information, texts, and other products, offered on the Website by the Company.
2.4. You cannot use the Website, Services and create the Account if you have not read, understood, and accepted all the provisions of these Terms.
2.5. The Company may change, remove, or add the context of the Terms and reserves the right to do so in its sole discretion. All new and/or revised provisions of the Terms take effect immediately and apply to your use of the Website, the Account and the Services from that date on. Please, check these Terms regularly to be aware of all current provisions of these Terms.
2.6. The Company may notify you about significant changes in these Terms. This can be done by posting a notification on the Website or sending you an email (if appropriate).
3.1. As an important part of the Type-X Finance Ecosystem, Type-X Finance mainly serves as a global online platform for Virtual asset trading, and provides Users with a trading platform, technical services and other Virtual asset -related services. As further detailed in Section 3 below, Users must register and register an account with Type-X Finance, and deposit Virtual assets into their Account prior to trading. Users may, subject to the restrictions set forth in these Terms, apply for the Withdrawal of Virtual assets.
3.2. Although Type-X Finance has been committed to maintaining the accuracy of the information provided through Type-X Finance Services, Type-X Finance Services cannot and does not guarantee its accuracy, applicability, reliability, integrity, performance or appropriateness, nor shall Type-X Finance be liable for any loss or damage that may be caused directly or indirectly by your use of these contents. The information about Type-X Finance Services may change without notice, and the main purpose of providing such information is to help Users make independent decisions. Type-X Finance does not provide investment or consulting advice of any kind, and is not responsible for the use or interpretation of information on Type-X Finance or any other communication medium. All Users of Type-X Finance Services must understand the risks involved in Virtual Assets trading, and are recommended to exercise prudence and trade responsibly within their own capabilities.
3.3. Upon completion of the registration and identity verification for your Account, you may use various Services, including but not limited to Virtual asset wallet, VA-to-VA trading, VA-to-Fiat money trading, other Services released by Company, participating in User activities held by Company, etc., in accordance with the provisions of these Terms (including other agreements).
3.4. The Company provides the following services on the Website (collectively – "Services", and separately – the "Service"):
3.4.1. Virtual asset wallet services
18.104.22.168. By providing a wallet Service (hereinafter the Wallet Service or Wallet), the Company provides you with a digitally secured custodial wallets for Virtual assets, aimed to store and transfer units of Virtual assets. Wallet Service provides integration between different providers and blockchain, allowing users to perform wide range actions with Virtual asset. Wallet Service allows the use of payment methods: replenishment and withdrawal in Fiat money. All payment methods available on https://typexfinance.com page. Upon the User’s request, the Company can add new methods of replenishment and withdrawal as well as new Fiat and Virtual assets.
22.214.171.124. In case of providing a non-custodial Wallet Company doesn’t have any access to Users assets or keys, doesn’t participate in transfers and has no impact on them.
126.96.36.199. When You create a non-custodial Wallet, You will be assigned a private key. You will be prompted to download or save a keystore - your private key encrypted with a password. You will be responsible for maintaining the confidentiality of Your private key or keystore, and will be fully responsible for any and all activities that occur under your account. You agree to immediately notify Us of any unauthorized use of Your password, account, or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this paragraph. When You create a Wallet, you are strongly advised to take precautions in order to avoid loss of access to and/or control over Your Wallet. Suggested measures include, but are not limited to, the following:
(a) creating a strong password that You do not use for any other website or online service;
(b) using the backup functionality provided by the Wallet or safeguard Your private key and mnemonic (backup) phrase on an external hard drive which, all users are encouraged to do even if they are utilizing the Services’ backup functionality;
(c) maintaining the security of Your Wallet by protecting the private key and mnemonic (backup) phrase associated with Your Wallet by, for example, limiting access to your computer and your Wallet; and
(d) promptly notifying Us if You discover or otherwise suspect any security breaches related to your Wallet.
3.4.2. Deposits and withdrawals are made in accordance with Section 8 of the Terms.
3.4.3. Virtual asset trades and exchanges are made in accordance with Section 9 of the Terms.
3.5. The Company may at any time disable the access to the Website, the Account and/or specific Service or all Services altogether and reserves the right to do so in its sole discretion.
3.6. The Company only offers Services regarding Virtual assets Type-X Finance supports. Please, check the Website regularly to be aware of what Virtual assets are supported. You should not attempt to use your Account to deposit Virtual assets Type-X Finance does not support.
3.7. The provision of Services might be delayed due to circumstances including but not limited to technical difficulties, reasonable doubts about the nature or source of funds, deposited to Type-X Finance, carrying out AML/KYC checks as set forth in the AML Policy, etc.
4. USING COMPANY SERVICES. PROHIBITED ACTIVITIES
4.1. As a User of the Services, We grant you a limited, personal, non-commercial, non-exclusive, non-transferable, and revocable license to use Services. License fees to be paid under provisions of Section 13 below.
4.2. By accessing and using Services, You represent and warrant that you have not been included in any trade embargoes or economic sanctions list (such as the United Nations Security Council Sanctions list), the list of specially designated nationals maintained by OFAC (the Office of Foreign Assets Control of the U.S. Department of the Treasury), or the denied persons or entity list of the U.S. Department of Commerce. Company reserves the right to choose markets and jurisdictions to conduct business, and may restrict or refuse, in its discretion, the provision of Services in certain countries or regions.
4.3. The User agrees not to engage in any of the following prohibited activities which may be amended by the Company from time to time in its sole discretion ("Prohibited Activities"). The specific types of prohibited activities listed below are illustrative, but not exhaustive. If the User is uncertain as to whether or not its use of the Services involves a Prohibited Activity, please contact the Company as soon as possible. By accessing and using the Services and registering the Account, the User confirms that the User will not use the Account, or the Services to do any of the following:
4.3.1. Unlawful Activity. Being an individual or entity sanctioned under sanctions programs administered in the countries where the Company carries on business or which regimes may be applicable to the Company’s operations, including, but not limited to, European Union law sanction programs and sanctions programs administered by the United Nations, United States, United Kingdom and others (collectively, the “Sanctions Programs”); carry on activity which would violate, or assist in violation of, any law, legislation, statute, ordinance, regulation (including, but not limited to, those governing financial services, consumer protection, unfair competition, anti-discrimination, or false advertising) or Sanctions Program, or which would involve proceeds of any unlawful activity; publish, distribute or disseminate any illegal material or information; or be in violation of any court order.
4.3.2. Unlawful Businesses. Carry on any of following businesses or activities:
(i) child pornography and the creation, sale or distribution of other obscene materials (including literature, imagery and other media) and sexually-related sites offering prostitution and escorts services;
(ii) unlawful gambling and/or unlawful gaming activities, including but not limited to payment or the acceptance of payments for wagers, gambling debts or gambling winnings, regardless of the location or type of gambling activity (including online and offline casinos, sports wagering, lotteries, bidding fee auctions and office pools) with the exception of payments for online gaming transactions that are expressly authorized by law in the jurisdiction of both the sender and the recipient of the payment;
(iii) fraudulent businesses, sale of counterfeit or unauthorized or stolen items or the sale of goods or services that are illegally imported or exported;
(iv) marijuana dispensaries and related businesses where it is illegal to carry on such businesses; sale of tobacco, e-cigarettes, and e-liquid; online prescription or pharmaceutical services; age restricted goods or services; weapons and munitions; gunpowder and other explosives; fireworks and related goods; or toxic, flammable, and radioactive materials;
(v) sale of narcotics or illegal substances, and any equipment designed for making or using such drugs;
(vi) ponzi schemes, pyramid schemes, high risk investment schemes and other businesses that the Company determines in its sole discretion to be unfair, deceptive, or predatory towards consumers; and
(vii) any businesses that the Company believes poses elevated financial risk, legal liability, or violates the law.
4.3.3. Abusive Activity. Transmit or upload any material to the Services that contains viruses or any other harmful or deleterious programs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information; actions which impose an unreasonable or disproportionately large load on the Company’s infrastructure, or detrimentally interferes with, intercepts, or expropriates any system, data, or information; attempt to gain unauthorized access to other clients’ accounts, computer systems or networks connected to the Services, through password mining or any other means; use account information of another party to access or use the Services; transfer the Account access or rights to the Account to a third party, unless by operation of law or with the Company’s express permission; any activity which creates costs, expenses, losses or liability for the Company or causes the Company to lose (in whole or in part) the services of it ISPs or other suppliers; activity which operates to defraud the Company, other Users, or any other person including, without, limitation, taking funds or VA from the Company’s platform or from other Users that is not rightfully and legally belong to the User or overdrawing or removing more VA or funds from the Company’s platform than were legitimately in the Account; modifying, disassembling, decompiling or reverse engineering the Services; provide any false, inaccurate, or misleading information to the Company; transmitting spam, chain letters, or other unsolicited email; attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; impersonating another person or otherwise misrepresenting User’ s affiliation with a person or entity, conducting fraud, hiding or attempting to hide the User’s identity; use any device, software or routine to bypass Company’s robot exclusion headers, or to interfere or attempt to interfere with any activities conducted on the Services; accessing any content the Services through any technology or means other than those provided or authorized by the Company; bypassing the measures the Company may use to prevent or restrict access to the Services, including without limitation removing, circumventing, disabling or otherwise interfering with security-related features or features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein; or deleting Company’s copyright or other proprietary rights notices.
4.3.4. Intellectual Property Infringement. Engage in transactions which violate, infringe or misappropriate any intellectual or industrial property right of any person (such as copyright, trademarks, patents, or trade secrets, or other proprietary rights of any party), right of publicity or privacy or commit a tort; use of Company’s intellectual property, name, or logo, including use of the Company’s trade or service marks, without express consent from the Company or in a manner that otherwise harms the Company or its brand; create a false identity for the purpose of misleading others or fraudulently or otherwise misrepresent yourself to be another person or a representative of another entity, or fraudulently or otherwise misrepresent that the User has an affiliation with a person, entity or group.
4.4. In case if suspicious transactions are detected from the User's Account, access to the User Account may be restricted and the User Funds may be locked for conducting a review for a period of between 24 hours and 180 business days. Maximum period is dictated by possible restrictions and prohibitions that may be applicable to us by third parties, including banks, payment systems that can freeze or lock Users' Funds for up to 180 days or any other relevant term, and Type-X Finance Services will not be able to influence the decision of these third parties. The period provided for by this clause may be extended at the discretion of the Company, if required by the interests of the Company, investigations, at the request of law enforcement agencies, any third parties, for any other reason.
4.5. The Company reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process, or governmental request. The Company reserves the right to cancel and/or suspend the Account and/or block transactions or freeze funds immediately and without notice if the Company determines, in its sole discretion, that the Account is associated with a Prohibited Activity.
5. USER'S ELIGIBILITY
5.1. To access the Services, you must register an Account on the Website by undergoing a registration on the Website, pass through the compliance procedure by provision of all required information.
5.2. The Services and the use of the Website are available to individuals or legal entities, that who represent and warrant that:
- you are at least 18 years old or are of legal age to form a binding contract under applicable laws (for individuals);
- you have the capacity to enter into a legally binding contract and use the Website, and are not prohibited to do so and use the Services by the Applicable Law or any other laws that may apply;
- you have not been previously suspended or removed from using Services;
- you do not currently have an Account;
- your use of Services will not violate any and all laws and regulations applicable to you, including but not limited to regulations on anti-money laundering, anti-corruption, and counter-terrorist financing;
- you are residing or incorporated in countries and territories we support and are not a citizen and/or resident of any country where we do not provide the Services. Such list includes countries, subject to financial sanctions imposed by EU, OFAC and FATF recommendations, countries where applicable laws prohibit the provision of Services in accordance with this Agreement or require obtaining additional local authorizations, in particular: Afghanistan, Albania, Algeria, Angola, Bahrein, Bangladesh, Barbados, Bolivia, Botswana, Burma (Myanmar), Burundi, Cambodia, Central African Republic, Chad, Congo, Guinea – Conakry, Cote D’ivoire, Crimea (Ukraine region), Cuba, Democratic People's Republic of Korea (DPRK), Ecuador, Equatorial Guinea, Eritrea, Ghana, Guinea Bissau, Guyana, Haiti, Indonesia, Iraq, Iran, Jamaica, Japan, Yemen, Jordanian, Qatar, Kuwait, Lao PDR, Lebanon, Libya, Mali, Morocco, Mauritania, Nepal, Nicaragua, North Macedonia, Oman, Pakistan, Palestine, Panama, Saudi Arabia, Somalia, South Macedonia, Sri Lanka, Sudan, Syria, Tunisia, Uganda, United Kingdome, U.S., Vanuatu, Venezuela, Zimbabwe.
- doesn’t run any activity as listed in Section 5.6.
We also do not accept clients from disputed territories, as they do not use generally recognized official documents, including: Donetsk People’s Republic (DPR)/Luhansk People’s Republic (LPR) where passports issued by the Russian Federation, Nagorno-Karabakh Republic, Pridnestrovian Moldavian Republic, Republic of Abkhazia, Republic of Artsakh, Republic of China (Taiwan), Republic of Kosovo, Republic of Somaliland, Republic of South Ossetia, Sahrawi Arab Democratic Republic, Turkish Republic of Northern Cyprus.
A full list of non-serviced countries may be amended by us from time to time, without prior notice.
5.3. If You are using Our Services on behalf of a legal entity, you further represent and warrant that:
(a) the legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and
(b) you are duly authorized by such legal entity to act on its behalf.
You can only use our Services if permitted under the laws of your jurisdiction. Please make sure that these Terms are in compliance with all laws, rules, and regulations that apply to You. By using Services, You represent and warrant that You meet all eligibility requirements that we outline in these Terms.
5.4. You can only have one Account on the Website. You should not create more than one Account on the Website unless expressly permitted by the Company.
5.5. You cannot create an Account on the Website if your Account has previously been suspended by the Company.
5.6. Services aren’t available for Users:
5.6.1. who carry out activities related to the sale and purchase, exchange, other transactions involving the transfer of ownership, possession, use, disposal of the following groups of goods or services:
1) alcoholic beverages;
2) cigarettes and tobacco products;
3) narcotic substances and precursors;
4) pornographic materials or items, child pornography, escort services or prostitution services;
5) drugs, pharmacological products, medicines;
6) stolen, illegally obtained goods;
7) items posing a danger to life and health;
8) non-existent goods;
9) human organs and remains, and organs and remains of animals;
10) special technical means of secretly obtaining information;
11) any electronic, mechanical and computer equipment prohibited or restricted in circulation or use;
12) state awards; personal documents, as well as forms of these documents;
13) objects of history and art that constitute the cultural values of the country in which the consumer is located;
14) firearms, edged weapons, traumatic weapons, stun guns, as well as ammunition and accessories for them;
15) special means of active defense used by law enforcement agencies;
16) precious metals and precious stones not in the product;
17) counterfeit currency and currency values;
18) rare and prohibited for sale animals, incl. animals listed in the CITES (the Convention on International Trade in Endangered Species of Wild Fauna and Flora);
19) any other goods and services prohibited by applicable law.
5.6.2. Users are also prohibited from selling goods or services without a corresponding permit or license, which requires an appropriate permit and/or a license for at least one of the parties to the transaction.
5.6.3. Any User may be denied to provide the Service at our discretion in case of any suspicion that the activities carried out by the User are aimed at money laundering, terrorist financing and any illegal activity, and / or are in any way undesirable and unsuitable for us.
5.7. We may still refuse to let certain people access or use Services, however, and we reserve the right to change our eligibility criteria at any time.
6. REGISTRATION REQUIREMENTS. USER ACCOUNT.
6.1. All Users must apply for an Account before using Services except those Services which are provided without creating an Account. Company may refuse, in its discretion, to create an Account for you. You agree to provide complete and accurate information when registering an Account, and agree to timely update any information you provide to the Company to maintain the integrity and accuracy of the information. Only one User can be registered at a time, but each individual User (including any User that is a business or legal entity) may maintain only one main account at any given time. Some Users (including Users that are businesses and other legal entities) can open one or more Accounts with the consent of the Company. For certain Services, you may be required to set up a special account independent from your Account, based on the provisions of these Terms.
6.3. When registering an Account on the Website, you warrant that any and all information, submitted by you is accurate, valid, up-to-date, and complete. The Company may at any time request you to provide additional documents and information and/or updated documents and/or information and documents submitted before and reserves the right to do so at its sole discretion. Failure to abide by these requirements may result in temporary or permanent cessation of Services provision and/or Account suspension.
6.4. You must not create an Account on behalf of another individual or entity unless you are legally authorized to do so.
6.5. User Identity Verification.
6.5.2. You also authorize us to conduct necessary investigations directly or through a third party to verify your identity or protect you and/or us from financial crimes, such as fraud. The information we require to verify your identity may include, but is not limited to, your name, email address, contact information, phone number, username, government-issued ID, date of birth, and other information collected during account registration. When providing the required information, you confirm it is true and accurate.
6.5.3. After registration, you must ensure that the information is true, complete, and timely updated when changed. Should there be any error, mistake, update, or change in information or documents you have submitted prior, you are obliged to notify the Company immediately. If there are any grounds for believing that any of the information you provided is incorrect, false, outdated or incomplete, Company reserves the right to send you a notice to demand correction, directly delete the relevant information, and, as the case may be, terminate all or part of Company Services we provide for you. If we are unable to reach you with the contact information you provided, you shall be fully liable for any loss or expense caused to Company during your use of Company Services. You hereby acknowledge and agree that you have the obligation to update all the information if there is any change.
6.5.4. By registering an account, you hereby authorize Company to conduct investigations that Company considers necessary, either directly or through a third party, to verify your identity or protect you, other users and/or Company from fraud or other financial crimes, and to take necessary actions based on the results of such investigations. you also acknowledge and agree that your personal information may be disclosed to credit bureaus and agencies for fraud prevention or financial crime prevention, which may respond to our investigations in full.
6.6. You are solely responsible for keeping your Account secure. Do not share your login, password, keys or any other access details with others.
6.7. You must notify the Company immediately upon becoming aware of any breach of security or unauthorized use of your Account. Please contact us at website https://typexfinance.com immediately in this case!
6.8. The Company reserves its right to suspend your Account without providing notice or reason in case of any violation of these Terms.
6.9. The Company may disable User for the lack of user verification by the incoming fraud and/or refusal to pay the chargeback amount. It is also possible to disable due to misuse of gateways.
7. USER CONDUCT
While visiting, accessing, using the Website and Services, you agree to:
- not violate or assist any third party in violating these Terms and/or any Applicable Law, which may include but is not limited to international laws, national laws, statutes, regulations, etc.;
- not provide false, inaccurate, incomplete and misleading information to the Company;
- not violate intellectual property rights (trademark, copyright, patent, and other intellectual property rights) of the Company;
- not use the Website in any way that can damage, disable or overburden the Website, which may include but is not limited to uploading or in any other way, while using the Website, sending viruses, Trojan horses, spyware, adware or any other malicious code; performing DDoS attacks, interfering with or disrupting any network, equipment, or server connected to or used to provide services on the Website;
- not attempt to gain unauthorized access to the Website, other Users' Accounts, computer systems or networks connected to the Website or to extract data from the Website;
- not share your Account and/or password and/or keys with third parties or use any other person's Account and/or password;
- not impersonate or misrepresent your affiliation with another User, person or entity, nor make other fraudulent, false, deceptive, or misleading representations;
- not violate any laws that apply in your jurisdiction concerning the use of Virtual assets;
- not violate these Terms and the Applicable Law in any other way.
8. DEPOSITS/WITHDRAWALS AND COMPLIANCE
8.1. Deposits and withdrawals are conducted on the basis of Orders that are placed by Users according to below mentioned rules.
8.2. Before using the Services, you have to deposit units of Virtual assets to your Account by following Deposit instructions on your Account page. Please carefully read Deposit instructions.
8.3. You can withdraw units of Virtual assets at any time at your sole discretion subject to Account transaction limits and temporary or permanent restrictions imposed in the course of internal investigation or by law (e.g. court orders).
8.4. You can withdraw your units of Virtual assets in any amount, provided there are enough Virtual assets units to cover the applicable Fees.
8.5. Each Withdrawal of Virtual assets is subject to mining fee charged by the respective blockchain network. When sending your transaction to the blockchain, we will try to keep the balance between reasonable fees and speed of processing, however, we reserve the right to determine the exact amount of mining fee to be set at our sole discretion.
8.6. The Company shall not be liable for the transfer of your units of Virtual assets to other wallets. You are solely liable for the accuracy of information, required for carrying out a Withdrawal (i.e. addresses, tags and any other required credentials). The Company strongly advises you to always double-check the accuracy of information provided for Withdrawal purposes.
8.7. You shall always keep in mind that blockchain transactions are irreversible, and therefore, once transaction details have been submitted via the Services, we cannot assist you to cancel or otherwise modify Your transaction.
8.8. We care about Company reputation and User’s safety. Due to the Company policies we do our best to protect Company and Users against ML/TF and any other illegal risks. To stay safe we need to check and examine each User’s incoming (deposit) Virtual asset. For this purpose we engage our reliable partner as advanced blockchain explorer, analytics and risk assessment tool/expert, which provides risk-based analysis of each incoming transfer. While examination Virtual assets stay blocked at technical account until receipt of competent compliance approval. After receiving a positive evaluation Virtual asset to be credited at the Account. In case if due to compliance reasons (for example: high risk of incoming Virtual asset, any links with mixers or tumblers and/or forbidden platforms etc.), Virtual asset won’t be credited at User’s account.
8.9. Company has no control over any blockchain and doesn’t have the ability to facilitate any cancellation or modification requests. You must ensure that you have an adequate balance in your Wallet to complete transactions before initiating a transaction. You acknowledge and agree that We will not be liable for any failed transactions due to insufficient funds associated with Your Wallet account.
9. TRADES AND EXCHANGES
9.1. Trades and exchanges are conducted on the basis of Orders that are placed by Users according to below mentioned rules.
9.2. Order placement is an offer made by the User to any other User to conclude an exchange on the terms specified in the corresponding Order. Substantial conditions of the Trade specified in the Order are the following: the name of the Funds that are offered for exchange; direction of the Order; limited volume of the Funds that are offered for exchange; exchange rates.
9.3. In order to ensure the fulfillment of obligations under placed Orders, the User must have Funds on his/her User Account not less than the full amount of all Orders that he/she has placed. The Order is registered on the Service only after verifying the availability of the required volume of Funds to fully secure User's obligations under the relevant Orders. For purposes of effectuating an exchange, User authorizes Type-X Finance to take temporary control of the Funds that User is disposing of in the Trade.
9.4. By placing an Order, the User gives his consent to the fact that, in the case of execution of the Order, the automatic writing off of the Funds from the User's Account, as well as the automatic charging of the Funds on the User's Account will be deemed to be those that are performed by the Service upon the User's request.
9.5. Orders can be executed fully and partially. In case of partial execution the Service automatically places an Order for the amount that is the difference between the amount of the initial Order and the amount of the executed Order.
9.6. A Trade is complete when another User places an opposing Order with the exchange rate at which a Deal may be performed in accordance with this User Agreement. In case of execution of the Order, Type-X Finance performs automatic offsetting of the Funds between the User Accounts in accordance with executed Orders.
9.7. User may only cancel an Order initiated via Site if such cancellation occurs before his Order has been matched with an Order from another User. Once your Order has been matched with an Order from another User, User may not change, withdraw, or cancel his authorization for Type-X Finance Services to complete such Order.
9.8. All actions related to the placement of the Order, its execution or withdrawal are displayed in the User Account.
9.9. Trades on the Service may be carried out using electronic money. In this case, initiating the execution of the Trade through the Service, the User thereby initiates the purchase of Fiat money for replenishment with electronic money (according to the public offer accepted by the User) in the amount necessary to complete the deal.
9.10. Trade rates. Each placed Order creates different market exchange rates. User acknowledges and agrees that the rates information made available via the Service may differ from prevailing rates made available via other sources outside of Service.
9.11. Market volatility. Particularly during periods of high volume, illiquidity, fast movement or volatility in the marketplace for any virtual asset, the actual market rate at which a market Order transaction is executed may be different from the prevailing rate indicated via the Type-X Finance at the time of Trade transaction. User understands that Type-X Finance is not liable for any such rates fluctuations.
9.12. The information about exchange rates made available via the Site 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 etc.
10. OTHER SERVICES
10.1. In addition to the above-mentioned the Company may provide some services, which doesn’t require Users to pass through the Registration (Unregistered users).
10.2. In particular, Registration isn’t needed for:
- visiting Company Web-site;
- following Company through: Telegram, WhatsApp, Signal, Facebook, Instagram etc.;
- communication with Company;
- some other services.
10.3. Company may stop service provision for Unregistered users at any time at Company’s sole discretion.
10.4. Notwithstanding the provisions of this Section any and all Company policies, terms, rules should apply to Unregistered users.
11. TERMINATION AND SUSPENSION
11.1. You can terminate this Agreement with Type-X Finance and close your Account at any time at your sole discretion.
11.2. Before closing your Account, all your assets have to be withdrawn to external wallets.
11.3. Notwithstanding any other provision of this Agreement, User acknowledges and agrees that Type-X Finance has the right to immediately terminate the User Account, to lock any Funds in this User Account, and terminate access to the Service in the following cases:
- we reasonably believe your Account has been compromised, as well as for any other security reasons;
- we reasonably believe your Account is being used by a person with no right and/or authorization to do so;
- this User Account and activities of User became the subject to a criminal investigation or other pending administrative proceeding or litigation
- you have provided us with any false, incomplete, misleading, inaccurate information;
- you, your Account, your behavior poses regulatory or reputational risks to the Company;
- we reasonably suspect you of fraud, violating the Applicable Law;
- lack of user verification by incoming fraud;
- refusal to pay Fees or initiated chargeback;
- misuse of gateways;
- Type-X Finance was required to do so by a court order or the order of regulatory/government authority;
- other reasons that constitute a violation of these Terms and the Applicable Law.
11.4. User acknowledges that Type-X Finance shall have the right to restrict his/her access to, or to impose limits or suspend his use of, the Site (including capacity to place Orders and enter into Trades), or to discontinue transmitting any data or other information, or to refuse to enter into, facilitate or process any or all Deals, if in the Type-X Finance's sole discretion any of the following circumstances occur or Type-X Finance considers such circumstance to be likely to occur:
- full or partial failure of the Site, including failure of any of the technology constituting the Site or any of the communications links within the Site or between the Site and any other Person or counterparty, or any other circumstance where Type-X Finance considers in its reasonable discretion that it is not practicable for Type-X Finance to provide access to the Site;
- a breach in the security of the Site;
- in order to comply with Law (including but not limited to the prohibition of or restrictions in respect of any Virtual asset);
- in case of suspicious activity, fraud, violating the Terms or violating the Applicable Law;
- in case of suspicion or establishment of fact in providing of any prohibited activity according to the Section 4.
11.5. Any actions taken by Type-X Finance pursuant to this Section shall continue for such time as Type-X Finance Services shall in its reasonable and sole discretion consider necessary or desirable. User agrees that it shall be a material breach of this Agreement to evade, or attempt to evade, any suspension, restriction or limitation imposed under this Section of the Agreement; and Type-X Finance shall not at any time be obliged to take any action permitted under this Section.
11.6. In addition, User acknowledges and agrees that if any of the circumstances enumerated in through this Section occurs at any time, Type-X Finance may cancel the Deal previously executed by the User through the Site so long as Type-X Finance immediately notifies User of any such cancellation.
11.7. Should the User Account be terminated, the User Account and Personal data required for meeting data retention standards will be securely stored for five years.
11.8. Once the User Account is closed in a normal regime and without violation of User agreement or based on cases mentioned the User agreement, the User will have 5 working days to withdraw all Funds from the User Account.
11.9. In the event of termination of User Agreement due to its violation by User (including but not limited to the use of the Service by persons from the Restricted Jurisdictions, or as part of the investigation of fraudulent transactions and the fight against money laundering, as well as on suspicion of carrying out illegal activities), Type-X Finance cancels User’s Account, and has the right to impose a penalty on the amount of the entire balance of Funds held in the User’s Account.
11.10. The Company may, but is not obliged to, notify you about the reasons for your Account suspension. Assets from your Account will be withdrawn to wallets, information about which you shall provide to the Company's customer support.
11.11. In an event of Account closing or suspension, you will still be liable for all applicable Fees.
11.12. The Company is not liable for any losses suffered due to your Account closure or suspension.
12. FEES/LICENCE FEES
12.1. The Platform is operated on an automatically Fee-charging basis for the Services and the Company does not issue any invoices. However, We reserve the right to do so in the future and, in such case, any applicable fees will be displayed prior to You using any Service to which a fee applies. The applicable Fees for any transaction will be displayed to you before executing a given transaction.
12.2. The Company may change the Fee structure at any time (including adding new fees for new Services) and reserves the right to do so in its sole discretion. The Company will notify you about any changes in Fee structure. This can be done by posting a notification on the Website or sending you an e-mail (if appropriate).
12.3. Fees are paid in a Virtual asset or in Fiat money that corresponds to the respective Service.
12.4. Fees shall be paid at the time of the completion of each transaction.
13.1. The Company may produce and display content (the "Content") on the Website, which includes but is not limited to information, texts, images, video, and audio files.
13.2. The Content does not constitute any form of investment advice, financial advice, trading advice, or any other sort of advice unless specifically mentioned otherwise and should not be construed as such. The Company shall not hold liability for any actions that arise from its Content.
14. INTELLECTUAL PROPERTY RIGHTS
14.1. All components, Services, Content of the Website, and the Website as a whole belong to the Company and are protected by legislation in the field of intellectual property. All rights reserved. Service does not claim ownership of intellectual property rights that belong to third parties.
14.2. The User acknowledges and agrees that all content and materials that are available on the Service are protected, including but not limited to copyright, trademarks, patents, trade secrets, know-how. Reproduction, copying or redistribution for commercial purposes of any materials or elements of the Service without written permission is strictly prohibited.
14.3. Except in cases specifically provided by Type-X Finance, the User agrees not to perform actions that violate intellectual property rights of Type-X Finance, including but not limited to: selling, importing, exporting, licensing, renting, modifying, distributing, copying, reproducing, transfer, public demonstration, public performance, publication, adaptation, editing or creation of derivative works from materials, design elements or the content of the Service. Use of content, materials, other objects of intellectual property rights of the Service for any purposes not expressly indicated in this User Agreement is strictly prohibited.
15. LINKS TO THIRD-PARTY WEBSITES
15.1. The Website may contain links to third-party websites or services that are not owned or controlled by the Company.
15.2. In no event shall a description or reference to a third party’s product or service (including, but not limited to, providing a description or reference via hyperlink) be construed as an endorsement or promotion of such third party products or services by us. We retain the exclusive right to add to, modify, or cancel the availability of any Third Party Service.
15.3 The Company has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. The Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services. Users are fully responsible for all acts or omissions of any third party with access to Users Wallet account.
15.4. For more information, please read these companies' public policies.
16.1. Company will not disclose Confidential information received in connection with Service provision without the prior written consent of the other User.
16.2. The information shall not be treated as confidential and the Company shall have no obligation regarding such information if it meets at least one of the following conditions:
• was known before Service provision;
• legally obtained by third parties outside the context of Services;
• publicly disclosed by User;
• allowed to be distributed with the written consent of User.
17. LIMITATION OF LIABILITY. DISCLAIMER OF WARRANTIES
17.1. For non-performance or improper performance of their obligations under these Terms, the Company and you shall be liable in accordance with these Terms and the Applicable Law, unless otherwise provided hereby.
17.2. The Website, Content, and Services are provided without any guarantees, conditions, or warranties as to its accuracy, quality, and fit for a particular purpose or need. The Company does not guarantee that the Website and Services are error-free, reliable, or will operate without interruption.
17.3. The Website is provided to you on the "AS-IS" basis.
17.4. User understand and agree that we have no control over, and no duty to take any action regarding: failures, disruptions, errors, or delays in processing Virtual asset that you may experience while using the Services; The risk of failure of hardware, software, and Internet connections; The risk of malicious software being introduced or found in the software underlying Company; The risk that third parties may obtain unauthorized access to information stored within your Wallet, including, but not limited to your Wallet address, private key, and mnemonic (backup) phrase; and The risk of unknown vulnerabilities in or unanticipated changes to the Networks. You release us from all liability related to any losses, damages, or claims arising from: (a) user error such as forgotten passwords, incorrectly constructed transactions, or mistyped Virtual asset addresses; (b) server failure or data loss; (c) unauthorized access to the Company application; (d) bugs or other errors in the Company software; and (e) any unauthorized third party activities, including, but not limited to, the use of viruses, phishing, brute forcing, or other means of attack against Company. We make no representations concerning any Third Party Content contained in or accessed through our Services. Any other terms, conditions, warranties, or representations associated with such content, are solely between you and such organizations and/or individuals.
17.5. The Company shall not be liable for the use or inability to use the Website and Services.
17.6. In no event shall the Company, its officers, directors, employees, agents, third-party service providers be liable to You or any other person or entity for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including any that may result from:
(i) the accuracy, completeness, or content of the Website,
(ii) the accuracy, completeness, or content of any websites linked (through hyperlinks, banner advertising or otherwise) to the Website,
(iii) the Services found at the Website or any websites linked (through hyperlinks, banner advertising or otherwise) to this Website,
(iv) personal injury or property damage of any nature whatsoever,
(v) third-party conduct of any nature whatsoever,
(vi) any unauthorized access to or use of Company's servers and/or any and all content, personal information, blockchain information or other information and data stored therein,
(vii) any interruption or cessation of Services to or from the Website or any websites linked (through hyperlinks, banner advertising or otherwise) to this site,
(viii) any viruses, worms, bugs, trojan horses, or the like, which may be transmitted to or from this site or any websites linked (through hyperlinks, banner advertising or otherwise) to this Website,
(ix) any loss or damage of any kind incurred as a result of your use of the Website or the Services found at the Website, whether based on warranty, contract, tort, or any other legal or equitable theory, and whether or not the company is advised of the possibility of such damages,
(x) losing access and/or unauthorized access to your Account,
(xi) any errors or malfunctions caused by or otherwise related to any wallets used to deposit and withdraw Virtual assets,
(xii) malfunctions, breakdowns and abandonment of blockchain protocols,
(xiii) changes in regulatory approaches or legal actions taken regarding the blockchain technology and Virtual asset,
(xiv) taxation and/or changes in tax system regarding Virtual assets,
(xv) advancements in cryptography, any technical advancements that may present risks to blockchain protocols,
(xvi) unfavorable fluctuations of Virtual assets,
(xvii) errors in the provision of Services;
(xviii) other risks associated with purchasing, holding, and Virtual assets, and using the Website and Services.
17.7. The Company shall not be liable for any events that may include but are not limited to civil, criminal, and administrative actions that may arise from you using blockchain and Virtual assets if such use is forbidden or otherwise limited in your country.
17.8. The Company, its officers, directors, employees, and agents do not provide investment advice, financial advice, trading advice, legal advice or any other sort of advice.
17.9. To the extent permitted by Applicable Law, you agree to defend, indemnify, and hold harmless the Company from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses arising from:
(i) your use of and access to the Website and Services;
(ii) your violation of any term of these Terms; or,
(iii) your violation of the Applicable Law, including any law, rule, or regulation, or the rights of any third party.
You release us from all liability related to any losses, damages, or claims arising from:
(a) user error such as forgotten passwords, incorrectly constructed transactions, or mistyped Virtual asset addresses;
(b) server failure or data loss;
(c) unauthorized access to the Wallet;
(d) bugs or other errors in the Website software; and
(e) any unauthorized third party activities, including, but not limited to, the use of viruses, phishing, brute forcing, or other means of attack against Website. We make no representations concerning any Third Party Content contained in or accessed through our Services. Any other terms, conditions, warranties, or representations associated with such content, are solely between you and such organizations and/or individuals.
17.10. In case of any circumstances of insuperable force (i.e. events of extraordinary or insuperable nature) that have occurred and remain in effect beyond your and the Company's (the "Parties'") control and that a Party could neither foresee nor prevent for objective reasons, if these circumstances prevent a Party from proper fulfilment of its obligations hereunder, the term for fulfilment of such obligations hereunder shall be extended for the period of the effect of such circumstances of insuperable force. The circumstances of insuperable force shall include wars and other military operations, earthquakes, floods, and other natural disasters, adoption of laws and regulations by state and local authorities, failure of power supply or communication system or other similar circumstances that prevent the Parties from the proper fulfilment of their obligations hereunder.
17.11. It is User’s responsibility to determine what, if any, taxes apply to the transactions that User have submitted transaction details for via the Services, and it is User’s responsibility to report and remit the correct tax to the appropriate tax authority. User agree that the Company is not responsible for determining whether taxes apply to User’s transactions or for collecting, reporting, withholding, or remitting any taxes arising from any Virtual asset-related transactions.
17.12. It is User’s responsibility to determine partners (B2B) as legal and reliable.
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Company Parties, affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to, attorney's fees, fines or penalties imposed by any regulatory authority) arising from: (a) your use of and access to the Services; (b) any feedback or submissions you provide to us concerning Company; (c) your violation of any term of this Terms; or (d) your violation of any law, rule, or regulation, or the rights of any third party.
Users agree that we may assign any of our rights and/or transfer, sub-contract, or delegate any of our obligations under these Terms. Your agreement to these Terms is personal to you and you may not transfer or assign it to any third party.
20. FORCE MAJEURE
Company shall not be held liable for any delays, failure in performance, or interruptions of service which result directly or indirectly from any cause or condition beyond Company’s reasonable control, including but not limited to: any delay or failure due to any act of God, act of civil or military authorities, act of terrorism, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe, or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
The Company may from time to time post official announcements, news, notices, etc. (the "Announcements") on the Website. Users undertake to refer to these materials regularly and promptly. Company will not be held liable or responsible in any manner of compensation should users incur personal losses arising from ignorance or negligence of the announcements.
22. APPLICABLE LAW AND DISPUTE RESOLUTION
22.1. This User Agreement shall be governed by and construed and enforced in accordance with the Laws of Ukraine, and shall be construed in all respects as a contract entered into under the laws of the Ukraine.
22.2. Should there be any disputes regarding matters stipulated herein, the Parties shall take all measures possible to resolve them by negotiations.
22.3. This decision shall be final and binding for both Parties, and may be used or produced for enforcement at any court having respective jurisdiction; an application concerning enforcement order may be filed to such competent court, if required.
22.4. The Parties agree that the information of arbitration, including but not limited to the information of any arbitration decision, shall be deemed confidential and not disclosed to any third parties without the written consent of the Parties, unless required by law.
23. AMENDMENTS OF THE AGREEMENT
Type-X Finance has the right to unilaterally change this User Agreement. The changes take effect in 3 (three) days after the moment the new version of corresponding documents is published on the Site. If the User does not accept a new edition of the User Agreement, he/she should stop using the Site.
24. FINAL PROVISIONS
24.1. These Terms shall remain in force until terminated either by you or the Company. The Company may terminate these Terms at any time at its own discretion without explaining the reasons for this decision.
24.2. If any questions have not been regulated by these Terms, they shall be regulated under the Applicable Law.
24.3. These Terms are a legally binding agreement and together with its other integral parts constitute an entire agreement between you and the Company.
24.4. In an event the Website is available in multiple languages, the English version of the Terms shall prevail.
24.5. All provisions of these Terms applicable to the Website shall apply to others means of providing Services, including the App, unless specifically stated otherwise.
24.6. Should you have any comments, questions, or complaints, please contact us at website https://typexfinance.com