Terms
This summary of our Terms
of Service offers you an
overview of the key terms
that apply to your use of our
website and trading
services. While we hope this
summary section is helpful,
you should read the
complete Terms of Service
below since they provide
important information about
how our services work.
Please note that we refer to
our online service where you
can execute trades as
"exchecoin".
Eligibility and Acceptable Use
You must meet certain eligibility criteria to use
exchecoin. For instance, you must be an adult and there are certain
locations from which you may not be able to use some or all of
exchecoin. Additionally, there are certain things you cannot do when
using exchecoin, such as engage in illegal
activities, lie, or do anything that would cause damage to our services
or systems. Please see the acceptable use section for more details.
Trading Risks
Engaging in trades may be risky, especially if you
engage in any margin trades or use any other sophisticated trading
options. Please don't use exchecoin or any of the trading options if you
do not understand these risks.
1. Key Definition
Capitalized terms not otherwise defined in these Terms will have the following meaning:
1.1. "External Account" means any Financial Account
or Digital Asset Account: (i) from which you may load Funds into your
exchecoin Account, and (ii) to which you may push Funds from your
exchecoin Account.
1.2. "Financial Account" means any financial account
of which you are the beneficial owner that is maintained by a third
party outside of the Services, including, but not limited to third-party
payment service accounts or accounts maintained by third
party financial institutions.
1.3. "Funds" means Digital Asset and/or Legal Tender.
1.4. "Legal Tender" means any national currency,
such as U.S. dollars, that may be used in connection with a purchase or
sale of Digital Assets via the Services, and does not include any
Digital Asset.
1.5. "exchecoin Account" means a user account
accessible via the Services where Funds may be stored by Payward on
behalf of a user.
1.6. "Digital Asset" means bitcoins, eth and other
digital assets that may be purchased, sold or traded via the Services.
2. Eligibility
You further represent and warrant that you: (a) are
of legal age to form a binding contract (at least 18 years old in the
U.S.); (b) have not previously been suspended or removed from using our
Services; (c) have full power and authority to enter into
this agreement and in doing so will not violate any
other agreement to which you are a party; (d) are not located in, under
the control of, or a national or resident of (i) any Restricted
Locations, not a resident of any country with
high-risk status (Iran, Iraque, Russia, Ethiopia)
(Rule 4.1) or (ii) any country to which the United States has embargoed
goods or services; (e) are not identified as a "Specially Designated
National;" (f) are not placed on the Commerce
Departmentʼs Denied Persons List; and (g) will not
use our Services if any applicable laws in your country prohibit you
from doing so in accordance with these Terms.
3. Bitoptix Account.
Capitalized terms not otherwise defined in these Terms shall have the following meaning: Payward may, in its sole discretion, limit the number of accounts you may hold, maintain or acquire. Account Information and Security. In order to engage in any transactions through the Services, you must create an account and provide any requested information. When you create an account, you will: (a) create a secure password that you do not use for any other website or online service; (b) provide accurate and truthful information; (c) maintain and promptly update your account information; (d) maintain your account security by protecting your password and limiting access to your account; (e) notify us immediately if you discover or otherwise suspect any security breach related to your account; and (f) users with balances over 3000 USDT must activate (g) take responsibility for all activities that occur in your account and assume all risks of any authorized or unauthorized access to your account, to the maximum extent permitted by law. The cost of premium status is 2055,40 USDT, These funds will not be deducted from your balance.
4. General Obligations
This Section 4 applies to: all trades completed via the Services
4.1 Conditions and Restrictions. We may at any time and in our sole discretion refuse any trade submitted through the Services, impose limits on the amount of the trade permitted through the Services, or impose any other conditions or restrictions on your use of the Services without prior notice. For example, we may limit the number of open orders you may place through the Services or restrict trading from certain locations. Accuracy of Information. You must provide any information required when you create an Account or when you request it on any screen displayed as part of the Services. You represent and warrant that any information you provide through the Services is accurate and complete. Insurance and Termination. You must make an insurance payment to your account of 1350 USDT per transaction in order to have your account associated with your account address removed from the withdrawal restrictions, including fees. Your account will then be unrestricted. This obligation is required for citizens of high-risk countries (India, Argentina, Spain, Kyrgyzstan, Portugal, Kazakhstan, Turkey, UK, Iraq, Iran, USA, Switzerland, Azerbaijan, Guinea, Russia, Israel, Ukraine, Pakistan, Germany and CIS countries, as well as some EU countries).
4.2. Taxes. It is your responsibility to determine
what, if any, taxes apply to the trades you complete via the Services,
and it is your responsibility to report and remit the correct tax to the
appropriate tax authority. You agree that
Payward is not responsible for determining whether
taxes apply to your trades or for collecting, reporting, withholding or
remitting any taxes arising from any trades.
5. Risk Disclosure
5.1. Trading risks. You acknowledge and agree that
you shall access and use the Services at your own risk. The risk of loss
in trading Digital Asset pairs and Digital Asset and Legal Tender pairs
can be substantial. You should, therefore,
carefully consider whether such trading is suitable
for you in light of your circumstances and financial resources. You
should be aware of the following points:
5.2. You may sustain a total loss of the Funds in
your exchecoin Account, and, in some cases, you may incur losses beyond
such Funds. If the market moves against your position, you may be called
upon by us to provide a substantial amount
of additional margin Funds, on short notice, in
order to maintain your position. If you do not provide the required
Funds within the time required by us, your position may be liquidated at
a loss, and you will be liable for any resulting
deficit in your exchecoin Account.
5.3. Under certain market conditions, you may find
it difficult or impossible to liquidate a position. This can occur, for
example, when the market reaches a daily price fluctuation limit ("limit
move"), if there is insufficient liquidity in the market.
5.4. Placing contingent orders, such as "stop-loss"
or "stop-limit" orders, will not necessarily limit your losses to the
intended amounts, since market conditions may make it impossible to
execute such orders.
5.5. All Digital Asset positions involve risk, and a
"spread" position may not be less risky than an outright "long" or
"short" position. The use of leverage can work against you as well as
for you and can lead to large losses as well as gains. ALL OF
THE POINTS NOTED ABOVE APPLY TO ALL DIGITAL ASSET
PAIR AND DIGITAL ASSET AND LEGAL TENDER PAIR TRADING. THIS BRIEF
STATEMENT CANNOT, OF COURSE, DISCLOSE ALL THE RISKS AND OTHER ASPECTS
ASSOCIATED WITH THESE TRADES. Internet transmission
risks. You acknowledge that there are risks
associated with utilizing an Internet-based trading system including,
but not limited to, the failure of hardware, software, and Internet
connections. You acknowledge that Payward shall not
be responsible for any communication failures,
disruptions, errors, distortions or delays you may experience when
trading via the Services, howsoever caused.
6. Fees
6.1. Amount of Fees. You agree to pay Payward the
fees for trades completed via our Services ("Fees") as made available
via the Fees and Pair Info ("Fee Schedule"), which we may change from
time to time. Changes to the Fee Schedule are
effective as of the effective date indicated in the
posting of the revised Fee Schedule to the Services, and will apply
prospectively to any trades that take place following the effective date
of such revised Fee Schedule.
6.2. Third-Party Fees. In addition to the Fees, your
External Account may impose fees in connection with your use of your
designated External Account via the Services. Any fees imposed by your
External Account provider will not be reflected
on the transaction screens containing information
regarding applicable Fees. You are solely responsible for paying any
fees imposed by an External Account provider.
6.3. Payment of Fees. You authorize us, or our
designated payment processor, to charge or deduct your exchecoin Account
Funds for any applicable Fees owed in connection with trades you
complete via the Services.
6.4. Internal fees. You agree to pay the internal
Payward fee at additional 1% (all deposits), 1.5% (all the transfers),
2.5% (all insurances if required).
6.5. Collection-Related Costs. If you fail to pay
Fees or any other amounts owed to Payward under these Terms and Payward
refers your account(s) to a third party for collection, then Payward
will charge you the lesser of an 18% collection
fee or the maximum percentage permitted by
applicable law, to cover Payward's collection-related costs.
7. Unclaimed Property
7.1 If for any reason Payward is holding Funds in
your exchecoin Account on your behalf, and Payward is unable to return
your Funds to your designated External Account after a period of
inactivity, then Payward may report and remit such
Funds in accordance with applicable state unclaimed
property laws.
7.2 Withdrawal of funds is carried out from the
cryptocurrency wallets of our exchange to other cryptocurrency wallets,
which are not part of our exchange and are in operation of other payment
systems after the procedures of confirming
the ownership of the corresponding cryptocurrency
wallet from the corresponding user About the right of ownership and
synchronization of our exchange with the cryptocurrency wallet to which
the User wants to withdraw funds.
7.3 The minimum withdrawal amount is 1800 USDT, in any cryptocurrency.
7.3 The minimum withdrawal amount is 1800 USDT, in any cryptocurrency.
8.ACCEPTABLE USE
When accessing or using the Services, you agree that
you will not violate any law, contract, intellectual property or other
third-party right or commit a tort, and that you are solely responsible
for your conduct while using our Services.
Without limiting the generality of the foregoing,
you agree that you will not:
8.1. Use our Services in any manner that could
interfere with, disrupt, negatively affect or inhibit other users from
fully enjoying our Services, or that could damage, disable, overburden
or impair the functioning of our Services in any
manner;
8.2. Use our Services to pay for, support or
otherwise engage in any illegal gambling activities; fraud;
money-laundering; or terrorist activities; or other illegal activities;
8.3. Use any robot, spider, crawler, scraper or other
automated means or interface not provided by us to access our Services
or to extract data;
8.4. Use or attempt to use another user's account without authorization;
8.5. Attempt to circumvent any content filtering
techniques we employ, or attempt to access any service or area of our
Services that you are not authorized to access;
8.6. Develop any third-party applications that interact with our Services without our prior written consent;
8.7. Provide false, inaccurate, or misleading information;
8.8. Encourage or induce any third party to engage in any of the activities prohibited under this Section.
9. Feedback
We will own exclusive rights, including all
intellectual property rights, to any feedback, suggestions, ideas or
other information or materials regarding Payward or our Services that
you provide, whether by email, posting through our Services
or otherwise ("Feedback"). Any Feedback you submit
is nonconfidential and shall become the sole property of Payward. We
will be entitled to the unrestricted use and dissemination of such
Feedback for any purpose, commercial or otherwise,
without acknowledgment or compensation to you. You
waive any rights you may have to the Feedback (including any copyrights
or moral rights). Do not send us Feedback if you expect to be paid or
want to continue to own or claim rights
in them; your idea might be great, but we may have
already had the same or a similar idea and we do not want disputes. We
also have the right to disclose your identity to any third party who is
claiming that any content posted by you
constitutes a violation of their intellectual
property rights, or of their right to privacy. We have the right to
remove any posting you make on our website if, in our opinion, your post
does not comply with the content standards set
out in this section.
10. Copyrights and Other
Intellectual Property Rights Unless otherwise
indicated by us, all copyright and other intellectual property rights in
all content and other materials contained on our website or provided in
connection with the Services, including, without
limitation, the Payward or exchecoin logo and all
designs, text, graphics, pictures, information, data, software, sound
files, other files and the selection and arrangement thereof
(collectively, "Payward Materials") are the proprietary
property of Payward or our licensors or suppliers
and are protected by U.S. and international copyright laws and other
intellectual property rights laws. We hereby grant you a limited,
nonexclusive and non-sublicensable license to
access and use the Payward Materials for your
personal or internal business use. Such license is subject to these
Terms and does not permit (a) any resale of the Payward Materials; (b)
the distribution, public performance or public
display of any Payward Materials; (c) modifying or
otherwise making any derivative uses of the Payward Materials, or any
portion thereof; or (d) any use of the Payward Materials other than for
their intended purposes. The license granted
under this Section will automatically terminate if
we suspend or terminate your access to the Services.
11. Trademarks
"Payward," "exchecoin," the exchecoin logo, the
Payward logo and any other Payward product or service names, logos or
slogans that may appear on our Services are trademarks of Payward, in
the United States and in other countries, and
may not be copied, imitated or used, in whole or in
part, without our prior written permission. You may not use any
trademark, product or service name of Payward without our prior written
permission, including without limitation any
metatags or other "hidden text" utilizing any
trademark, product or service name of Payward. In addition, the look and
feel of our Services, including all page headers, custom graphics,
button icons and scripts, is the service mark,
trademark and/or trade dress of Payward and may not
be copied, imitated or used, in whole or in part, without our prior
written permission. All other trademarks, registered trademarks, product
names and company names or logos mentioned
through our Services are the property of their
respective owners. Reference to any products, services, processes or
other information, by name, trademark, manufacturer, supplier or
otherwise does not constitute or imply endorsement,
sponsorship or recommendation by us.
12. Suspension; Termination
In the event of any Force Majeure Event (as defined
in Section 23.5), breach of this agreement, or any other event that
would make provision of the Services commercially unreasonable for
Payward, we may, in our discretion and without liability
to you, with or without prior notice, suspend your
access to all or a portion of our Services. We may terminate your access
to the Services in our sole discretion, immediately and without prior
notice, and delete or deactivate your
exchecoin Account and all related information and
files in such account without liability to you, including, for instance,
in the event that you breach any term of these Terms. In the event of
termination, Payward will not attempt
to return any Funds stored in your exchecoin Account
not otherwise owed to Payward, unless Payward believes you have
committed fraud, negligence or other misconduct.
13. Discontinuance of Services
We may, in our sole discretion and without liability
to you, with or without prior notice and at any time, modify or
discontinue, temporarily or permanently, any portion of our Services.
14. Disclaimer of Warranties
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A
WRITING BY US, OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NONINFRINGEMENT AS TO OUR SERVICES, INCLUDING THE INFORMATION, CONTENT
AND MATERIALS CONTAINED THEREIN. YOU ACKNOWLEDGE THAT INFORMATION
YOU STORE OR TRANSFER THROUGH OUR SERVICES MAY
BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO
A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, PROTOCOL CHANGES BY
THIRD PARTY PROVIDERS, INTERNET OUTAGES,
FORCE MAJEURE EVENT OR OTHER DISASTERS INCLUDING
THIRD PARTY DDOS ATTACKS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER
CAUSES EITHER WITHIN OR OUTSIDE OUR CONTROL. YOU ARE SOLELY RESPONSIBLE
FOR BACKING UP AND MAINTAINING DUPLICATE
COPIES OF ANY INFORMATION YOU STORE OR TRANSFER
THROUGH OUR SERVICES. Some jurisdictions do not allow the disclaimer of
implied terms in contracts with consumer, so some or all of the
disclaimers in this section may not apply to you.
15. Indemnity
You agree to defend, indemnify and hold harmless
Payward (and each of our officers, directors, members, employees, agents
and affiliates) from any claim, demand, action, damage, loss, cost or
expense, including without limitation reasonable
attorneysʼ fees, arising out or relating to (a) your
use of, or conduct in connection with, our Services; (b) any Feedback
you provide; (c) your violation of these Terms; or (d) your violation of
any rights of any other person or entity.
If you are obligated to indemnify us, we will have
the right, in our sole discretion, to control any action or proceeding
(at our expense) and determine whether we wish to settle it.
Miscellaneous Entire Agreement; Order of Precedence.
These Terms contain the entire agreement, and
supersede all prior and contemporaneous understandings between the
parties regarding the Services. These Terms do not alter the terms or
conditions of any other electronic or written agreement
you may have with Payward for the Services or for
any other Payward product or service or otherwise. In the event of any
conflict between these Terms and any other agreement you may have with
Payward, the terms of that other agreement
will control only if these Terms are specifically
identified and declared to be overridden by such other agreement.
Amendment. We reserve the right to make changes or modifications to
these Terms from time to time, in our sole discretion.
If we make changes to these Terms, we will provide
you with notice of such changes, such as by sending an email, providing
notice on the homepage of the Site and/or by posting the amended Terms
via the applicable Payward websites and
mobile applications and updating the "Last Updated"
date at the top of these Terms. The amended Terms will be deemed
effective immediately upon posting for any new users of the Services. In
all other cases, the amended Terms will become
effective for preexisting users upon the earlier of
either: (i) the date users click or press a button to accept such
changes, or (ii) continued use of our Services 30 days after Payward
provides notice of such changes. Any amended
Terms will apply prospectively to use of the
Services after such changes become effective. If you do not agree to any
amended Terms, you must discontinue using our Services and contact us
to terminate your account. Waiver. Our failure
or delay in exercising any right, power or privilege
under these Terms shall not operate as a waiver thereof. Severability.
The invalidity or unenforceability of any of these Terms shall not
affect the validity or enforceability of
any other of these Terms, all of which shall remain
in full force and effect. Force Majeure Events. Payward shall not be
liable for (1) any inaccuracy, error, delay in, or omission of (i) any
information, or (ii) the transmission or
delivery of information; (2) any loss or damage
arising from any event beyond Payward's reasonable control, including
but not limited to flood, extraordinary weather conditions, earthquake,
or other act of God, fire, war, insurrection,
riot, labor dispute, accident, action of government,
communications, power failure, or equipment or software malfunction or
any other cause beyond Payward's reasonable control (each, a "Force
Majeure Event"). Assignment. You may not
assign or transfer any of your rights or obligations
under these Terms without prior written consent from Payward, including
by operation of law or in connection with any change of control.
Payward may assign or transfer any or all
of its rights under these Terms, in whole or in
part, without obtaining your consent or approval. Headings. Headings of
sections are for convenience only and shall not be used to limit or
construe such sections.