Last Updated: 01 June 2024

Terms of Service

Acceptance of Terms

By registering for a Bitexia Account, accessing the Platform, and/or using Bitexia Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and any additional documents or terms referenced herein. You agree to comply with these Terms as they may be updated and modified from time to time.

If you do not fully understand and accept these Terms, you should not register for a Bitexia Account or access or use the Platform or any Bitexia Services.

Changes to These Terms

We reserve the right at any time to:

Modification Rights

• Change, update or modify the terms and conditions of this Agreement or our Privacy Policy
• Change, update or transform the Site and Platform, including removing or discontinuing any content or feature of the Site or Platform
• Impose fees, charges or other conditions for use of the Platform or portions thereof (with reasonable notice) (all of the above shall be referred to as “Changes to These Terms“)

Implementation of Changes

Bitexia reserves the right to modify or amend these Terms at its discretion and without prior notice (except as specified in subsection (c) above). Bitexia will notify you of these changes by updating the terms on the website and changing the [Last revised] date displayed on this page, or by notifying you through the Site or via email to your email address in your Account. You should therefore check our website regularly, allow the Site to receive such instant notifications, and keep your email address and other contact information in your Account up to date. If you continue to use the Site and Platform after such changes are made, you accept the changes. IT IS RECOMMENDED THAT YOU REVIEW THESE TERMS FREQUENTLY TO ENSURE YOU UNDERSTAND THE TERMS AND CONDITIONS THAT APPLY TO YOUR ACCESS TO AND USE OF Bitexia SERVICES.

Risk Warning

IMPORTANT NOTICE REGARDING RISK

Like any asset, Digital Assets can fluctuate significantly in value, and there is a substantial risk of economic loss when purchasing, selling, holding, or investing in Digital Assets. Therefore, you should consider whether buying, selling, or holding Digital Assets is appropriate for you in light of your financial situation.

It is important that you fully understand these risks before deciding to use Bitexia Services.

No Investment Advice

We are not your broker, intermediary, agent, or advisor and have no fiduciary relationship or obligation to you in connection with any Transactions or other activities you conduct while using Bitexia Services. We do not provide any type of investment or advisory advice, and no communication or information provided by us is designed or should be interpreted as any type of advice.

Your Responsibility

It is your responsibility to determine whether any investment, investment strategy, or related transaction is appropriate for you based on your personal investment objectives, financial circumstances, and risk tolerance. You are responsible for any associated losses or liabilities. We do not recommend the purchase, earning, sale, or holding of any Digital Asset by you.

Before making a decision to purchase, sell, or hold any Digital Asset, you should:

• Conduct your own due diligence
• Consult with your financial advisor
• Make your own independent evaluation

We are not responsible for your decisions to purchase, earn, sell, or hold Digital Assets based on information provided by us, including any resulting losses.

Eligibility Requirements

Age and Location Requirements

• You must be at least 18 years old to register and use this site
• Do not use this site if there are restrictive provisions in your country’s laws regarding any of our services
• By using our site, you declare that you do not reside in any legally restrictive countries

Modification of Eligibility Criteria

We may change our eligibility criteria at any time at our discretion. Where possible, we will notify you before the change. However, sometimes we may need to make changes without prior notice. In cases where we cannot provide advance notice, changes will be published on this page and a notification will be displayed on the site thereafter.

Fees and Calculations

Payment of Fees

You agree to pay all applicable fees in connection with your use of Bitexia Services as specified on our Fee Structure page on our website or as communicated to you in the relevant Product Terms.

You authorize us to deduct from your Bitexia Account all applicable fees, commissions, interest, charges, and other amounts owed under these Terms or any Product Terms in accordance with the calculation method specified on our Fee Structure page.

If you owe us an amount in a Digital Asset and you do not have sufficient assets in that Digital Asset, we may deduct amounts owed in another Digital Asset (in which case we will convert the Digital Asset you hold to the Digital Asset in which the amounts owed are denominated (or Fiat Currency equivalent) at the rate currently offered on the Platform or at such other commercially reasonable rate as we may determine).

Changes to Fees

We may adjust our fees from time to time pursuant to these Terms. When fees change, updates will be made on the relevant page. Your continued use of the site after such updates constitutes your acceptance of the changes.

Calculations

All calculations made by Bitexia in connection with Bitexia Services are final and binding on you, absent Manifest Error. Calculations will be made in accordance with the methodology specified for the relevant Bitexia Service, subject to our good faith discretion.

Information Requests

When We May Request Information

We may request information from you at any time to comply with any Applicable Laws, verification requirements, or in connection with the detection of money laundering, terrorism financing, fraud, or any other financial crime, or for any other valid reason. You agree to provide us with such requested information and allow us to maintain records of the information for the duration of your Bitexia Account’s lifetime, as long as necessary to fulfill the intended purposes or for any other period required by Applicable Law.

Impact of Information Provision

The Transaction limits applied to your access to your Bitexia Account and use of Bitexia Services may vary based on the information continuously collected about you. If there is reasonable doubt that any information you provided is incorrect, untrue, outdated, or incomplete, we may send you a notice to request corrections, remove relevant information, or take other actions we deem necessary to ensure the accuracy and completeness of the information provided by you.

Failure to Provide Requested Information

You must comply with any information requests we send you. If you refuse to provide the requested information or otherwise fail to comply in a timely manner, we reserve the right to immediately suspend or terminate your access to your Bitexia Account or all or part of Bitexia Services without notice.

Account History and Error Handling

Account History Access

You will be able to access your Account History through the Platform. You should carefully review your Account History and notify us within fourteen (14) calendar days from the date your Account History is provided or made available to you if you notice any entries or Transactions that you do not recognize or believe to be incorrect.

Error Management

We may correct any errors in your Account History at any time and reserve the right to void, cancel, or reverse any Transaction containing or resulting from a Manifest Error, or modify the details of such Transaction to reflect what we reasonably consider to be accurate or fair.

In the event that you conduct any Transaction with Improper Intent and/or in case of a Manifest Error, you acknowledge and agree that Bitexia is authorized to do any of the following (without any payment, penalty, or liability becoming payable by Bitexia and provided such action is compliant with Applicable Law):

• Cancel/void the relevant Transaction and treat such Transaction as though it had never been entered into; or
• Modify the price(s) of the relevant Transaction (upon Bitexia notifying you of the modified price(s)) to reflect the prevailing market price(s) at the relevant time as determined by Bitexia by reference to an available source for fair market pricing.

If Bitexia cancels a Transaction in accordance with the rights stated herein, Bitexia will reverse all Digital Asset transfers made to and/or from your Bitexia Account in connection with such Transaction as though such Transaction had never occurred.

If Bitexia modifies a Transaction in accordance with the rights stated herein, Bitexia will:

• Confirm to you the details of the modified terms of the Transaction via an agreed communication channel
• Effect Digital Asset transfers to and/or from your Bitexia Account to reflect the terms of the modified Transaction

You acknowledge and agree that you will be solely responsible for any of your own transactions with any third parties that may have been made in connection with or in reliance on any Transaction(s) that may be subject to any cancellation/modification pursuant to Bitexia’s rights hereunder.

Instructions and Withdrawals

Protection of Instructions

You acknowledge that Instructions and information transmitted on the Platform or via email are generally transmitted over the internet and may be routed through public, transnational installations that are not specifically protected. We cannot guarantee that transmitted Instructions and information will be completely protected against unauthorized access, and you accept the associated risks.

Withdrawal Operations

Subject to these Terms and applicable Product Terms, and provided there are sufficient funds in your Bitexia Account and the relevant Digital Assets are not being held in your Bitexia Account in connection with any Bitexia Service, you may give Instructions to Bitexia to transfer Digital Assets to an external wallet address by submitting a withdrawal request on the Platform. Upon receiving a withdrawal request, Bitexia will:

• Deduct the balance from your Bitexia Account
• Initiate an on-chain transfer to an external wallet designated by you

Bitexia may decline to process a withdrawal request if, in our reasonable opinion, we believe that Applicable Law prevents the execution of the relevant withdrawal. Bitexia may also suspend withdrawals at a time deemed appropriate by Bitexia to resolve any events on the Platform. Bitexia will resume withdrawals after such events have been resolved.

Account Security and Transaction Records

Unauthorized Transactions

You are responsible for the control and use of your Bitexia Account. Therefore, unless otherwise notified, we will assume that any Instructions sent from your Bitexia Account have been authorized by you or a Permitted User. It is important that you monitor your Account History to identify and report to us any unauthorized or suspicious activity in your Bitexia Account as soon as possible.

We are not liable for any claims or losses arising from a Transaction executed as a result of an unauthorized Instruction unless:

• You have reported it to us in accordance with this section
• Our internal investigation confirms that neither you nor the Permitted User authorized the Instruction in any way, even as a result of error, negligence, mistake, or fraud
• It is proven that the unauthorized Instruction resulted solely from a technical issue attributable to Bitexia

Retention of Transaction Information

To facilitate compliance with global industry standards for data retention, you agree to allow us (but not require us) to maintain a record of all Transaction information for:

• The lifetime of your Bitexia Account
• As long as necessary to fulfill the intended purposes
• Any other period required by Applicable Law

Nature of Duties and Conflicts of Interest

Nature of Our Duties

You understand and agree that your relationship with us, or any Bitexia Service we provide, or any other matter will not give rise to any legal, equitable, or fiduciary duties by us or any Bitexia Affiliate other than those expressly stated in these terms. Specifically, we and any Bitexia Affiliate may act in multiple capacities from time to time and may receive fees or commission from multiple users (including you) in these capacities. You agree that we may act in these capacities and provide any Bitexia Service or conduct any business with you, any Bitexia Affiliate, or any other user or on your behalf.

Material Interests

You understand and agree that neither we nor any Bitexia Affiliate shall be required to:

• Rely on any information known to us or any Bitexia Affiliate that constitutes a material interest
• Disclose such information to you
• Use such information for your benefit

Furthermore, you agree that in the process of providing Bitexia Services to you, we may from time to time receive general market information and may use this in the ordinary course of our business.

Conflicts of Interest

We have established and maintain effective organizational and administrative arrangements to identify and manage conflicts of interest between ourselves and our users and relevant third parties, thereby preventing conflicts of interest from adversely affecting our users’ interests. In circumstances where such organizational and administrative arrangements are not sufficient to ensure prevention of risks of damage to your interests, we will inform you about the nature and/or sources of conflicts of interest concerning you and the steps taken to mitigate these risks, allowing you to make an informed decision about whether to continue dealing with us. We reserve the right to always decline to act on your behalf in cases where we cannot otherwise manage the conflict of interest.

Transaction Limits

Your Transaction Limits

Your Bitexia Account may be subject to limits regarding:

• The amount or volume of Transactions you can perform in connection with your Bitexia Account
• The amount or value of Fiat Currency or Digital Assets you can transfer to or through your Bitexia Account

These limits may apply within a specific period (for example, daily). The applicable limits are displayed in your Bitexia Account.

Limit Modifications

We may modify these limits at any time for reasons including but not limited to:

• Changes in your verification status
• Market conditions
• Risk assessment
• Regulatory requirements
• Platform security considerations

Limit Compliance

You agree to:

• Monitor your transaction volumes to ensure compliance with applicable limits
• Not attempt to circumvent or exceed your assigned limits
• Accept that transactions exceeding your limits may be rejected or reversed
• Provide additional verification information if requested to increase your limits

Transaction Limit Changes

Modifications to Transaction Limits

We reserve the right to modify any Transaction limit applied to your Bitexia Account at any time at our absolute discretion. You may also request a change to your limits. Any changes will be made at our absolute discretion and subject to such other conditions as we deem necessary.

Supported Digital Assets

Supported Digital Assets

Bitexia Services can only be used in connection with Supported Digital Assets, which may change from time to time. A list of Supported Digital Assets is published on our Website. We may remove or suspend one or more Digital Assets from the list of Supported Digital Assets and will make reasonable commercial efforts to inform you in advance, which means you will no longer be able to access these Digital Assets as part of Bitexia Services and will only be permitted to withdraw the Digital Assets from your Bitexia Account.

Conversion of Unsupported Assets

If Digital Assets that are no longer Supported Digital Assets remain in your Bitexia Account for longer than a specified period notified to you, Bitexia may, at its reasonable discretion, convert these Digital Assets into a different type of Digital Asset that is a stablecoin. Bitexia will notify you before any conversion, and you may withdraw these Digital Assets within a reasonable period specified by Bitexia before they are converted to stablecoins.

Liability Disclaimer

We accept no responsibility for:

• Your attempt to use your Bitexia Account for Digital Assets we do not support
• The conversion to a different type of Digital Asset as described in this section
• Any unsupported Digital Assets sent to the Bitexia Account
• Supported Digital Assets sent to an incompatible Digital Asset wallet address

Lost Digital Assets

If you send unsupported Digital Assets to a Bitexia Account or Supported Digital Assets to an incompatible Digital Asset wallet address, you will lose these Digital Assets. For some lost Digital Assets, Bitexia may, at its discretion, offer you the option of attempting a recovery. We may charge a fee for processing the recovery attempt on your behalf. We will calculate all fees at our discretion and notify you of the applicable fees at or before the time you authorize the recovery attempt.

Recovery Attempts

Regarding recovery attempts:

• Bitexia does not guarantee in any way the amount of assets (if any) that may be recovered in a recovery attempt
• The actual amount recovered may differ from the estimated recovery amount
• Bitexia does not assess or provide any assurance regarding the authenticity, security, or safety of unsupported Digital Assets
• You acknowledge and agree that Bitexia is not responsible for any losses incurred during the attempted recovery or subsequent use of the recovered Digital Asset

Supported Digital Assets (continued)

Backed Digital Assets

We may from time to time support Digital Assets that are claimed to be backed by or otherwise tied or pegged in value to another asset, including but not limited to Digital Assets, Fiat Currency, or commodities such as silver or gold (“Supported Digital Assets”). You acknowledge and agree that:

• You have read, understood, and accepted all terms, conditions, and risks associated with each Supported Digital Asset before entering into any Transaction involving such Supported Digital Asset
• Bitexia has and will have no obligation to purchase, repurchase, or facilitate the redemption of your Supported Digital Assets

We reserve the right to modify, suspend, or discontinue any service related to any Supported Digital Asset at our discretion at any time. We make no representations about whether a particular Supported Digital Asset will maintain its value against any asset or about the amount or quality of reserves or collateral held by each issuer or any third party in connection with any Supported Digital Asset.

Account Security

Your Responsibility

You are responsible for taking appropriate measures to protect your hardware and data from viruses, malware, and inappropriate materials. Except as provided by Applicable Law, you are responsible for backing up and maintaining copies of all information you store or transfer through Bitexia Services. We are not responsible for any claims or losses resulting from your failure to comply with this section.

Security Measures

You and Permitted Users must maintain adequate security and control of all Access Identifiers at all times. It is your responsibility to implement (or ensure your Permitted Users implement) necessary security measures to protect your Bitexia Account and keep your Access Identifier secure, including:

a. Strictly adhering to all our mechanisms or procedures

b. Creating a strong password and ensuring the security and control of your Access Identifiers

c. Maintaining the Email Account and phone number provided to us as current so you can receive notifications or alerts we may send

d. Never allowing remote access to your computer and/or computer screen or sharing your computer and/or computer screen with others when logged into your Bitexia Account

e. Remembering that we will never ask you to share your passwords or 2-factor authentication codes under any circumstances

f. Logging out from the Sites or Platform at the end of each visit

You must keep your Email Account and Access Identifiers secure against any attack and unauthorized access. You must inform us immediately if you know or have reason to suspect that your Email Account or any Permitted User’s security has been compromised or if there has been unauthorized use of your or any Permitted User’s Email Account.

Changes to Terms and Conditions

How and When We Can Make Changes

We may make changes to these Terms and any terms and conditions incorporated by reference (including any Product Terms) at any time, and your continued use of Bitexia Services constitutes your acceptance of such changes. Changes to these Terms will be published on our website and may also be separately notified to users via email, through the application, or through other means as determined by Bitexia at its discretion.

Generally, Bitexia will attempt to inform users before a change to these Terms takes effect. However, sometimes we may need to make changes that take effect immediately, in which case users will be informed as soon as possible after the changes have taken effect. Situations where changes to these Terms may take effect immediately include, but are not limited to:

• Changes required to meet legal and/or regulatory requirements
• Changes intended to make these Terms clearer

When Changes Take Effect

Unless changes take effect immediately, any updates to the Terms will take effect after the changes have been notified to users. If you do not wish to accept the changes, you may close your Bitexia Account pursuant to Section 19.1 of these Terms. Continued access to or use of Bitexia Services constitutes acceptance of the updated Terms.

Changes to Fees

We may also make changes to the fees specified on the Fee Structure page of our Website, including introducing new fees and/or charges. If you do not wish to accept the changes, you may close your Bitexia Account pursuant to Section 19.1 of these Terms. Continued access to or use of Bitexia Services constitutes acceptance of the updated Terms.

Implementation of Changes

When implementing changes to these Terms:

• We will provide clear notice of any significant changes
• We will explain the reason for any immediate changes
• We will maintain a record of all changes on our website
• We will ensure that the most current version is always accessible
• We will provide reasonable time for you to review and accept changes when possible

Termination, Suspension, Holds, and Restrictions

Our Rights

We may modify or discontinue any portion or feature of Bitexia Services temporarily or permanently at any time. Specifically, we may:

1. Refuse to complete, block, cancel, or reverse any Transaction you have authorized where permitted by Applicable Law
2. Terminate, suspend, or restrict your access to any or all Bitexia Services
3. Terminate, suspend, close, hold, or restrict access to any or all of your Bitexia Accounts
4. Refuse to transmit information or Instructions to third parties (including but not limited to third-party wallet operators)
5. Take any action we deem necessary, effective immediately, for reasons including but not limited to:

a. You are not or are no longer eligible to use one or more Bitexia Services

b. We reasonably suspect that:

• The person accessing your Bitexia Account is not you, or we suspect the Account is being or will be used for any illegal, fraudulent, or unauthorized purpose
• The person accessing your Corporate Bitexia Account is not an Authorized User, or we suspect the Account is being or will be used for any illegal, fraudulent, or unauthorized purpose
• Multiple individuals have access to and/or are transacting through the same Bitexia Account, or we suspect the Account is being or will be used for any illegal, fraudulent, or unauthorized purpose
• Information provided by you is incorrect, untrue, outdated, or incomplete

c. We have reasonable concerns about your creditworthiness or financial situation, including:

• For individuals: bankruptcy, mental incapacity, act of bankruptcy, or commencement of bankruptcy proceedings
• For partnerships: death, bankruptcy, mental incapacity of any partner, or proceedings to dissolve/modify the partnership
• For companies: inability to pay debts or proceedings for bankruptcy, judicial management, receivership, administrative management
• Calling a meeting of creditors, proposing/making arrangements with creditors, or making assignments for creditors’ benefit

d. Pending submission of information and documents under Section 8

e. Pending enhanced due diligence under Section 7.4

f. Required by Applicable Law or any court or authority in any jurisdiction

g. We determine or suspect:

• Violation of these Terms or any Product Terms
• Breach of any express or implied warranty or representation
• Unauthorized, erroneous, fraudulent, or illegal Transactions
• Money laundering, terrorism financing, fraud, or other crimes

h. Your Account usage is subject to pending/ongoing litigation, investigation, or regulatory action

i. You have unpaid amounts owed to Bitexia

j. Email communications to your Email Account are returned undeliverable

k. Issues arise in verifying your identity

l. You have taken actions to circumvent our controls, such as opening multiple accounts without written permission

m. Any other valid reason necessitating such action

Notice

We will take reasonable steps to provide appropriate notice to you. However, there may be times when we are prevented from doing so by Applicable Law.

Illegal Holdings

If any Digital Asset or Fiat Currency held in your Bitexia Account is reported to be stolen or otherwise not legally held by you (whether through error or otherwise) and we reasonably believe this to be the case, we may, but are not obligated to, place a hold on the affected funds and your Bitexia Account. When we place a hold on any portion or all of any Digital Asset or Fiat Currency held in your Bitexia Account or your entire Bitexia Account, we may maintain such hold until you prove, with evidence acceptable to us, that you have the right to ownership of the Digital Assets and/or Fiat Currency held in your Bitexia Account. We will not become involved in any dispute or the resolution of any dispute regarding any Digital Asset and/or Fiat Currency held in your Bitexia Account.

Access to Bitexia Services in Other Jurisdictions

Residents of certain countries may only access some, but not all, Bitexia Services. We may change which Bitexia Services are available to you from time to time. If you travel to a location on our Prohibited Countries List, Bitexia Services may not be available and your access to Bitexia Services may be blocked. You acknowledge that this may affect your ability to trade on the Platform and/or monitor existing orders or open positions or otherwise use Bitexia Services. You must not attempt to circumvent such restrictions in any way, including through the use of any virtual private network to change your internet protocol address.

Specific Jurisdictional Restrictions:

• Access to certain services may be limited based on your residence
• Service availability may change when traveling to different jurisdictions
• We maintain the right to modify service availability by region
• Attempts to circumvent regional restrictions are prohibited
• Users must comply with their local jurisdictional requirements

General Provisions

Our Non-Responsibility

You acknowledge and agree that:

• We are not responsible for any User Materials (whether provided by you or third parties) that may be made available for use on the Platform or Sites
• Use of any such User Materials is at your own risk and we make no warranties regarding them

Our Rights

We have the right to remove, modify, or refuse any content (including any User Materials) that you submit, post, or display on the Platform or Sites for any reason. We reserve the right to take any action we deem appropriate in our discretion, including:

• Providing written warning to you
• Removing any User Materials
• Claiming compensation or other monetary damages from you
• Suspending or terminating your Bitexia Account (if any)
• Suspending your access to the Platform and/or Sites
• Restricting or prohibiting all future use of any Bitexia Service

Recording

You agree that we may record all electronic, telephone, video, or other communications we have with you regarding these Terms, and that all records we maintain will constitute evidence of communications between us. You agree that phone calls and video calls may be recorded for us to answer questions, ensure compliance with applicable laws, improve our services, and provide customer support.

Your Obligations and Responsibilities

Prohibited Uses

By opening a Bitexia Account or conducting any Transaction, and without limiting other restrictions or limitations stated in these terms, you and any Permitted User agree not to:

a. Violate these Terms or any agreement made under or in connection with these Terms, including but not limited to Product Terms

b. Use Bitexia Services in a way that violates our Prohibited Use Policy

c. Use Bitexia Services for resale or commercial purposes, including transactions made on behalf of other persons or entities, unless explicitly agreed by us in writing

d. Use Bitexia Services for any behavior that Bitexia considers designed to control or artificially influence the price of any Digital Asset (market manipulation), including but not limited to pump and dump schemes, wash trading, self-trading, front running, quote stuffing, and spoofing or layering, whether or not prohibited by Applicable Law

e. Engage in fraudulent activities or cause us to suspect that you or any Permitted User is engaging in fraudulent activities and/or Transactions

f. Use Bitexia Services to organize or participate in lotteries, gambling activities, auction-based pricing, sports prediction or odds making, paid fantasy sports leagues, internet gaming, contests, sweepstakes, or games of chance

g. You must not:

• Attempt to receive funds from both us and another user for the same Transaction during a Claim
• Conduct your business or use Bitexia Services in a manner that results in or may result in complaints, disputes, claims, reversals, refunds, fees, fines, penalties, or other liabilities to us, other users, third parties, or yourself
• Allow your Bitexia Account to have a negative value or Digital Asset amount

h. Provide false, inaccurate, or misleading information in connection with your use of Bitexia Services, in your communications with us, or otherwise in connection with these Terms

Technical and Access Restrictions

You further agree not to:

i. Technical Interference:

• Use any deep link, web crawler, bot, spider, or other automatic device, program, script, algorithm, or methodology or similar manual processes to access, acquire, copy, or monitor any portion of the Platform
• Reproduce or circumvent the navigational structure or presentation of Bitexia Services
• Obtain or attempt to obtain any materials, documents, or information through any means not intentionally provided through Bitexia Services
• Attempt unauthorized access to any portion or feature of the Platform
• Hack, password mine, or use other illegal methods to connect to Bitexia Services or our servers
• Probe, scan, or test for vulnerabilities in Bitexia Services or any connected networks
• Reverse lookup, trace, or attempt to trace information about other users or visitors
• Take actions that impose unreasonable loads on our infrastructure
• Interfere with the proper operation of Bitexia Services
• Forge headers or manipulate identifiers to disguise the origin of any messages

j. Platform Modification:

• Modify or adapt any part of the Platform
• Combine or incorporate the Platform with other programs or applications

k. Reverse Engineering:

• Decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code, object code, or underlying concepts, ideas, and algorithms of the Platform or any components

l. Intellectual Property Rights:

• Modify, reproduce, copy, download, store, transmit, disseminate, transfer, disassemble, publish, broadcast, remove, or alter any copyright notice
• License, sublicense, sell, mirror, design, rent, lease, private label, grant security interests in, or create derivative works from any Bitexia IP

m. Malicious Code:

• Facilitate any virus, Trojan horse, worm, or other computer programming routines that may damage, adversely affect, surreptitiously intercept, or expropriate any system, data, or information

n. Access Methods:

• Use anonymizing proxies
• Use temporary, disposable, self-destructing, or similar email addresses when opening accounts or using Bitexia Services
• Use any device, software, or routine to bypass our robot exclusion headers or interfere with our Sites or Services
• Take any action that could cause us to lose services from our Internet service providers or other suppliers

o. Security Interests:

• Create or attempt to create any security over your Fiat Currency or Digital Assets in your Bitexia Account without our prior written approval

p. Legal Compliance:

• Violate any Applicable Laws
• Infringe or attempt to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights of ours or any third party
• Violate publicity or privacy rights

q. Restricted Access:
You must not access, use, or attempt to access or use Bitexia Services directly or indirectly from:

1. High-risk jurisdictions including but not limited to Cuba, Iran, North Korea, Syria, the Crimea region
2. If you are a person or entity named on any restricted person or party lists maintained by the United States, United Kingdom, European Union, or United Nations, including but not limited to:

• Sanctions lists maintained by the US Office of Foreign Assets Control
• Denied Persons List or Entity List maintained by the US Department of Commerce

Representations and Warranties

You represent and warrant to us at all times that:

Documentation and Information

All documents and information you provide to us are accurate, precise, complete, and current in all respects and can be relied upon in determining your eligibility to access or use the Platform or Bitexia Services.

Independent Judgment

All decisions made in connection with these Terms are based solely and exclusively on your own judgment and your independent assessment of your financial resources, ability and willingness to take relevant risks, and your financial objectives.

Authority and Capacity

You have full power, authority, and capacity to:

• Access and use the Platform and/or Bitexia Services
• Enter into, perform, and fulfill your obligations under these Terms and any agreement made under or in connection with these Terms (including but not limited to Product Terms)

Corporate, Partnership, or Trust Status

If you are a company, partner in a partnership, or trustee of a trust:

• The company, partnership, or trust has been and will be operated in accordance with Applicable Law and any partnership or trust deed (or other similar documents)
• You will immediately inform us of any changes through resignation, removal, appointment, or death of any director, partner, trustee, founder(s), or ultimate beneficial owner or any person authorized to operate your Bitexia Account
• You will immediately inform us of any voluntary or involuntary dissolution of the company, partnership, or trust

Approvals and Consents

All necessary third-party consents, permissions, authorizations, approvals, and agreements and all approvals, permits, licenses, authorizations, registrations, declarations, and filings with any Regulatory Authority, government department, commission, agency, or other organization having jurisdiction over you required or desirable for:

• Accessing and using the Platform and/or Bitexia Services
• Entering into, performing, and carrying out any agreement made under or in connection with these Terms have been unconditionally obtained in writing, disclosed to us in writing, and have not been withdrawn or modified.

Binding Obligations

These Terms and any agreement made under or in connection with these Terms create valid and legally binding obligations enforceable against you in accordance with their respective terms.

Status and Age

• You are not a Restricted Person
• If you are an entity, you are duly incorporated, duly organized, and validly existing under the laws of your jurisdiction and have full authority to conduct your business
• If you are an individual, you are not under 18 years of age

No Conflicts

Your access to and use of the Platform and/or Bitexia Services, and the execution, delivery, and performance of your obligations under these Terms and any agreement made under or in connection with these Terms will not:

• If you are an entity, partnership partner, or trustee of a trust, result in a breach of or conflict with any provision of your constitution, articles of association, partnership agreement, trust deed, or equivalent constituent documents
• Result in a breach or constitute a default under any document, agreement, instrument, or undertaking to which you are a party or by which you or any of your assets are bound or subject
• Cause you or us or any third party to breach any Applicable Law, any judgment or order of any court, any award of any arbitrator, or any order of any government or Regulatory Authority in any jurisdiction

Technology Disclaimers

No Representations or Warranties

All information provided on the Sites and Platform, including Bitexia Services and Chat Services, is provided “as is” and “as available” without any representations or warranties, express or implied, to the maximum extent permitted by Applicable Law. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, and/or non-infringement. We make no representation or warranty that access to the Sites, Platform, any of your Bitexia Accounts, Bitexia Services, or any materials contained therein will be continuous, uninterrupted, timely, or error-free. This may result in your inability to trade on the Platform for certain periods and may also result in time delays.

Service Suspension

We may suspend access to your Bitexia Account and/or Bitexia Services from time to time for planned and emergency maintenance. We will make reasonable efforts to ensure timely processing of Transactions on the Platform, but we make no representations or guarantees regarding the time required for completion, as this depends on many factors beyond our control.

Content

While we make reasonable efforts to update the information on the Sites and Platform, we make no representations, warranties, or undertakings, express or implied, that the content on the Sites and Platform, including information relating to Bitexia Services, is accurate, complete, or current.

Third-Party Websites

Links to third-party websites (including but not limited to content, materials, and/or information on third-party websites) may be provided for convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the content, material, information, or services found on any third-party website accessible from or linked to the Platform or Sites.

Network Access and Compatibility

You are responsible for obtaining the necessary data network access to use Bitexia Services. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use Bitexia Services and Sites and any updates thereto. Bitexia does not guarantee that Bitexia Services or any portion thereof will function on any particular hardware or device. Bitexia Services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.

Indemnification

Third-Party Claims

You hereby agree to indemnify and undertake to keep us indemnified and hold us harmless on demand against all claims, liabilities, damages (both actual and consequential), losses (including direct, indirect or consequential losses, loss of profit, loss of reputation), costs and expenses, including all interest, penalties and legal and other professional costs and expenses (“Losses”) arising from or in any way connected with:

• Your access to and/or use of your Bitexia Account and/or Bitexia Services
• Your breach or alleged breach of these Terms or any other provision or sub-provision of these Terms, including Product Terms and other terms and conditions incorporated by reference
• Your violation of any Applicable Law
• Your violation of any third party’s rights

Waiver

You hereby agree to irrevocably and unconditionally waive any and all claims and allegations against us (and waive all rights you may have or may have against us in respect of any Losses you have suffered or may suffer now or in the future) arising directly or indirectly from or in connection with any dispute you have with any other user or third party in connection with Bitexia Services (including Digital Asset Transactions) or the subject matter of these Terms.

Liability

Our Liability

Neither Bitexia nor any Bitexia Affiliate shall be liable or responsible for any loss suffered by you or any third party except where it arises solely and directly from Bitexia’s gross negligence, willful misconduct, actual fraud, or material and continuing breach of obligations under these Terms. Without prejudice to the foregoing and notwithstanding any other provision in these Terms, in no event shall the total aggregate liability of Bitexia and all Bitexia Affiliates exceed the amount of fees paid by you to Bitexia in the 12-month period immediately preceding the event giving rise to the loss. Such amount shall be paid as a full and final settlement and in satisfaction of all of our and any Bitexia Affiliate’s liability for any and all Losses and claims arising from the relevant events. You acknowledge and agree that Bitexia or any Bitexia Affiliate is not aware of any special circumstances of yours and that damages are an adequate remedy and you shall have no right to any other claim or remedy in law or equity including but not limited to specific performance, injunctive relief and/or equitable relief.

Damage and Disruption

System Security

We are not responsible for any damage or disruption caused by:

• Computer viruses
• Spyware
• Scareware
• Trojan horses
• Worms
• Other malicious software
• Any phishing, spoofing, or other attacks

We recommend the regular use of reputable and readily available virus scanning and prevention software. You should be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should exercise caution when reviewing messages purporting to be from us.

Security Responsibilities

You and your Permitted Users, where applicable, are responsible for all login credentials, including usernames and passwords, and must keep security details secure at all times.

Fiat Currency Balances

For the avoidance of doubt, any balance shown and expressed in Fiat Currency in your Bitexia Account:

• Does not mean that Bitexia directly holds the Fiat Currency
• Does not constitute Bitexia receiving, holding, or releasing any Fiat Currency
• Does not imply that Bitexia engages in deposit-taking, money transfer, or similar activity in relation to Fiat Currency

Notifications and Communications

Email Notifications

We may notify you via email to your Email Account. It is your responsibility to ensure that your Email Account is current and accurate. Notices may be given and deemed received when sent to your Email Account, whether or not a delivery failure notification is received.

Sending Notices

You may only notify us in accordance with our instructions, which may change from time to time. All notices, approvals, or other communications under these Terms must be in writing and in English and must be signed or otherwise authorized by the party giving them.

Official Announcements

All official announcements, news, promotions, contests, and Airdrops will be listed on the Website. These announcements are important and may relate to issues that could affect the value or security of your Digital Assets. It is your responsibility to monitor the Website and read and evaluate these announcements.

General Provisions

Entire Agreement

The Terms, together with applicable Product Terms, constitute the entire agreement between you and us regarding Bitexia Services. Each party acknowledges that it has not relied on any representation, assurance, or warranty (whether made negligently or innocently) other than those expressly set out in the Terms or any Product Terms.

Assignment

You may not assign or transfer any of your rights or obligations under the Terms without our prior written consent, which may require additional information or enhanced due diligence in some cases. However, we may assign or transfer any of our rights or obligations under the Terms at any time to another party, including but not limited to in connection with any merger, acquisition, or other corporate restructuring involving Bitexia.

Severability

If at any time any provision or sub-provision of the Terms becomes illegal, invalid, or unenforceable in any respect, the legality, validity, or enforceability of the remaining provisions or sub-provisions shall not be affected or impaired in any way.

Records

You agree that we may record all telephone, email, and chat conversations and all other forms of communication between you and us, including communications used to give Instructions or conduct Transactions, and that the recordings may be used as evidence in any proceedings relating to any agreement between you and us. These recordings shall remain our sole property.

Language

These Terms may be translated into languages other than English. Any such translation is provided for your convenience only. In case of inconsistency or ambiguity, the English text shall prevail.

Third-Party Rights

Nothing expressed or referred to in these Terms shall be construed to give any person other than the parties to these Terms any legal or equitable right, remedy, or claim under or with respect to these Terms or any provision of these Terms, except those relating to Bitexia Partners.

Survival

All provisions and sub-provisions of these Terms which by their nature should survive termination or expiration of these Terms shall continue to be binding and remain in effect after the termination or expiration of these Terms.

Relationship of Parties

Bitexia is not your agent in the performance of these Terms. These Terms shall not be interpreted as facts or evidence of an association, joint venture, partnership, or franchise between the parties.

Digital Assets

We record the amount and type of any Digital Assets held to your credit in your Bitexia Account. Digital Assets held by Bitexia to your credit will not be segregated on-chain in different wallets from Digital Assets held to the credit of other users or Digital Assets held by Bitexia for operational and business purposes. Bitexia uses an internal ledger to record customers’ rights to the amount and type of Digital Assets. Each user will have an account (or sub-account) which is a ledger-based (off-chain) account with a unique identifier (UID) and associated login credentials in the Bitexia system against which the relevant user credit balances are recorded. Bitexia is not a trustee of any Digital Assets held to your credit and has no fiduciary duties in relation to them. When you instruct Bitexia to transfer or otherwise deal with Digital Assets, Bitexia will not use any specifically identifiable Digital Assets to act on your Instructions. Subject to these Terms, when acting on your Instructions, Bitexia will use Digital Assets of the same amount and type as those credited to your Bitexia Account. Similarly, you will not have the right to recover specific Digital Assets but instead will have the right to receive Digital Assets of the same amount and type as those credited to your Bitexia Account.