Terms of Use

Last update: 3rd September, 2020

These Terms of Use constitute an electronic agreement between you (hereinafter the “User”) and CEX.IO LTD of 33 St. James's Square, London, England, SW1Y 4JS, United Kingdom (hereinafter the “CEX.IO”) that applies to the User's use of this website, any and all services, products and content provided by CEX.IO.

As used herein, “CEX.IO” refers to the company CEX.IO LTD Company, including but not limited to, its owners, directors, investors, officers, employees, agents or other related parties, unless otherwise provided herein.

The User acknowledges that CEX.IO Corp. registered at 101 Hudson Street, 21st Floor, Jersey City, NJ 07302 is a sister company of CEX.IO. CEX.IO Corp. provides its services on the Platform only to the United States of America (hereinafter “US”) Users from supported States.

The User also acknowledges that CEX.IO Limited is a company incorporated under the laws of Gibraltar with its registered address at 57/63 Line Wall Road, Gibraltar, GX11 1AA that is licensed by the Gibraltar Financial Services Commission as a DLT Provider under the license number: FSC1345B.

US Users should agree with separate CEX.IO Corp.’s Terms of Services Agreement.

These Terms of Use contain important provisions, which the User must consider carefully when choosing whether to visit the Site and use the services, products and content of CEX.IO. Please read these Terms of Use carefully before agreeing to them.

The User is solely responsible for understanding and complying with any and all laws, rules and regulations of his/her specific jurisdiction that may be applicable to the User in connection with the use of any and all services, products and content of CEX.IO.

These Terms of Use incorporate Privacy Policy as well as any other policies published on the Site by reference, so by accepting these Terms of Use, the User agrees with and accepts all the policies published on the Site

IF THE USER DOES NOT ACCEPT THESE TERMS OF USE, THE USER SHALL NOT ACCESS THIS SITE AND SHALL NOT USE ANY OF CEX.IO’S SERVICES, PRODUCTS AND CONTENT.

1. DEFINITIONS

1.1. Capitalized terms used in these Terms of Use shall be interpreted in accordance with the definitions provided below:

1.1.1. Account: means an account registered by the User on the Platform.

1.1.2. Base Currency: means the first symbol in the trading pair.

1.1.3. Buyer: means the User who submits an Order to buy Cryptocurrencies through the Platform.

1.1.4. Commission: means a fee charged by or on behalf of any third party (e.g. bank, non-bank financial institution, payment service provider, etc).

1.1.5. Cryptocurrency: means peer-to-peer decentralized digital representation of value (e.g. bitcoins, ethers, etc.).

1.1.6. Deposit: means a Transaction involving transfer of Funds to the Account.

1.1.7. Fiat currency: means government-issued currency, that is designated as legal tender in its country of issuance through government decree, regulation, or law.

1.1.8. Funds: means Cryptocurrency and/or Fiat currency.

1.1.9 Maintenance fee: means a fee charged by CEX.IO for storing balances in Fiat currency and/or in Cryptocurrency in Accounts that are inactive or dormant (see Article 11 below).

1.1.10. Order: means the User’s instruction to buy or sell Cryptocurrency.

1.1.11. Personal Information (personal data): means any information which identifies you personally or which may help us to identify you (e.g. your name, address, e-mail address, trades etc.).

1.1.12. Platform: means an environment created by CEX.IO that allows to trade Cryptocurrencies.

1.1.13. Rollover fee: means estimated fee that is charged by CEX.IO from the User’s balance to rollover a position for the next 4 hours.

1.1.14 Seller: means the User who submits an Order to sell Cryptocurrencies through the Platform.

1.1.15. Services: means all and any service provided by CEX.IO.

1.1.16. Service charge: means a fee charged by CEX.IO for the provision of compulsory security measures of using certain payment instrument which fraught with a high level of fraudulent actions.

1.1.17. Site: means CEX.IO website at https://cex.io/.

1.1.18. Storage: means storing balances of Cryptocurrencies that are no longer supported by CEX.IO.

1.1.19. Transaction fee: means a fee which is payable to CEX.IO for each completed Transaction.

1.1.20. Transaction Price: means the total price paid by the Buyer in respect to each Transaction performed via the Service.

1.1.21. Transaction: means (i) transfer of Cryptocurrencies or Fiat currencies by the User to his/her Account (“Deposit Transaction”); (ii) transfer of Cryptocurrencies or Fiat currencies among the Users (“Trading Transaction”), (iii) withdrawal of Cryptocurrencies or Fiat currencies from his/her Account (“Withdrawal Transaction”).

1.1.22. Transaction details: means for Cryptocurrency transaction: details of transaction, including, but not limited to recipient's address (for BTC, LTC, OMG, BCH, DASH, MHC, BTG, ZEC, BSV, TRX, ETH, GUSD, BTT Transactions), Memo (for XLM Transactions), Destination Tag (for XRP Transactions); for Fiat transaction: requisites including, but not limited to payment details, beneficiary details and beneficiary bank details.

1.1.23. User: means a person or an entity that uses the Services, agrees to follow the Terms of Use and is a holder of an Account.

1.1.24. Withdrawal: means a Transaction involving a transfer of Funds from the User’s Account to his/her bank account or to an account opened in any other financial institution.

1.2. Where the context so admits words denoting the singular shall include the plural and vice versa.

2. THE SCOPE OF THE SERVICES

2.1. The Services allow all Users of the Platform to trade Cryptocurrencies with other Users.

2.2. Depending on the User’s place of residence, the User may not be able to use all the functions of the Site. It is the User’s responsibility to follow those rules and laws in his/her place of residence and/or place from which the User accesses this Site.

2.3. The User acknowledges and agrees that, when completing Trading Transactions, he/she is trading with other Users, and that CEX.IO acts only as an intermediary in such Transactions, not as the counterparty to any trade.

3. THE USER’S RIGHTS AND RESPONSIBILITIES

3.1. The User has the right to enter and use the Site and the Services, as long as he/she agrees to and actually complies with the Terms of Use. By using the Site, the User agrees to accept and comply with the terms and conditions stated herein.

3.2. The User undertakes to read the entire Terms of Use carefully before using the Site or any of the services provided by CEX.IO.

3.3. The User undertakes to comply with any and all applicable laws and regulations related to the use of the Services.

3.4. The User undertakes to monitor all and any changes on his/her Account, including but not limited to the balance matters.

3.5. The User undertakes to immediately (i.e. right after the moment of discovery) inform CEX.IO about any unusual, suspicious, unclear or abnormal changes on his/her Account. In case of late informing or non-informing the User will be liable for the breach of the Terms of Use and CEX.IO will have the right to take any further steps accordingly, including but not limited to report to the relevant state or national authorities.

3.6. The User agrees that, whenever the Transaction is made, the Platform sends and receives the monetary sums and/or cryptocurrencies to/from the Buyer’s and the Seller’s Accounts opened in their name and on their behalf.

3.7. The User undertakes to notify CEX.IO immediately of any unauthorized use of his/her Account or password, or any other breach of security by email addressed to support@cex.io. Any User who violates the mentioned rules may be terminated, and thereafter held liable for any losses incurred by CEX.IO or any user of the Site.

3.8. The User undertakes not to use the Service to perform criminal activity of any sort, including but not limited to, money laundering, illegal gambling operations, financing terrorist organizations, or malicious hacking.

3.9. The User is responsible for any and all damages caused, and all liability actions brought against CEX.IO for infringement of any third-party rights or violation of any applicable laws.

3.10. Nothing in the Terms of Use excludes or limits the liability of the User for fraud, death or personal injury caused by their negligence, breach of the terms implied by operation of law or any other liability which may not be limited or excluded by law.

3.11. Users are solely responsible for determining whether any contemplated Transaction is appropriate for them based on their personal goals, financial status and risk willingness.

3.12. All added payment instruments to your Account, may it be a bank account, credit card, debit card, or others must be named after the Account holder. Any attempt otherwise will be considered as fraud.

3.13. Users are prohibited from engaging in any kind of market manipulation actions which specifically includes, without limitation: front-running, wash trading, spoofing, layering, churning, and quote stuffing. For general understanding market manipulation actions are actions taken by any User or a person acting in concert with a User which are intended to (i) deceive or mislead other Users; (ii) artificially control or manipulate the price or trading volume of Funds; (iii) aid, abet, enable, finance, support or endorse either of the above. This may include actions on CEX.IO Platform and/or outside of CEX.IO Platform. Actions regarded by CEX.IO as market manipulation will result in blocking User's account on the Platform with the right to use blocked Funds for reimbursement of negative consequences appeared due to mentioned manipulation at sole discretion of CEX.IO.

4. THE USER’S REPRESENTATIONS AND WARRANTIES

4.1. By registering an Account, the User expressly represents and warrants that he/she:

follows the rules and laws in his/her country of residence and/or country from which he /she accesses this Site and Services;

has accepted these Terms of Use;

is at least 18 years old and has the right to accept these Terms of Use and participate in transactions involving Cryptocurrencies.

4.2. The User represents and warrants that he/she will only use the Platform to perform Transactions in accordance with the conditions set forth in these Terms and that they are duly authorised and have the capacity to enter into the Transactions on the Platform.

4.3. The User represents and warrants that both Fiat currency and cryptocurrency deposited to the Account belong to the User and derived from legal sources.

4.4. The User represents and warrants than he/she will withdraw any cryptocurrency from his/her Account only to his/her wallets, otherwise CEX.IO does not hold any liability for the consequences of such withdrawal.

4.5. The User represents and warrants that all Transactions being carried out do not violate the rights of any third party or applicable laws.

4.6. The User understands that his personal data and identifiers may be shared with appropriately authorised third parties, due to legal obligations such as prevention of crimes and tax purposes and/or to provide the service requested by the User.

5. CEX.IO'S RIGHTS AND RESPONSIBILITIES

5.1. CEX.IO has the right to suspend the User’s Account and block all Cryptocurrency or/and Fiat currency contained therein in case of non-fulfilment or unduly fulfilment of the Terms of Use by the User.

5.2. CEX.IO undertakes to provide the Services with the utmost effort, due care and in accordance with these Terms of Use.

5.3. CEX.IO’s responsibility shall be limited to using reasonable technical efforts to ensure the receipt of the cryptocurrency transferred. When initiating cryptocurrency transactions to a user who is not the CEX.IO User, CEX.IO responsibility shall be further limited to ensuring the transfer of the necessary technical data to the cryptocurrency network.

5.4. To the extent permitted by law, CEX.IO is not responsible for any damages, loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, indirect or consequential loss unless the loss suffered is caused by a breach of the Terms of Use by CEX.IO.

5.5. CEX.IO is not responsible for any malfunction, breakdown, delay or interruption of the Internet connection or any reason why our site is unavailable at any given time.

5.6. CEX.IO is not responsible for the delay in the processing of payments made by the fault of any third parties, operators of such transactions.

5.7. In case of changes in the legislation of a particular country or state (for Users from the United States of America), the consequences of which are stricter regulation of a Cryptocurrency presented on the Platform, CEX.IO may restrict trading on a certain pair with such a Cryptocurrency for Users who are subject to such changes in legislation. In such a case the User will only be able to withdraw the limited for trading Cryptocurrency to an external address.

5.8. In the case of fraud, CEX.IO undertakes to report all the necessary information, including names, addresses and all other requested information, to the relevant authorities dealing with fraud and breaches of the law. The Users recognize that their account may be frozen at any time at the request of any competent authority investigating a fraud or any other illegal activity.

5.9. Nothing in these terms excludes or limits the responsibility of CEX.IO for fraud, death or personal injury caused by their negligence, breach of the terms implied by operation of the law or any other liability which may not be limited or excluded by law.

6. CEX.IO’S REPRESENTATIONS AND WARRANTIES

6.1. CEX.IO shall provide the Services with reasonable care and skill and in accordance with these Terms of Use.

6.2. All buy and sell orders made on the Platform, will be managed in an anonymous manner so that Buyers and Sellers are not acquainted with each other. The Transaction Price is calculated on the basis of actual matched orders made by the Buyers and Sellers participating in the bidding process on the Platform combined with the applicable Transaction fees.

6.3. CEX.IO represents and warrants that once the orders to buy or sell Cryptocurrencies, such orders may not be cancelled or reversed. It holds all Cryptocurrencies acquired by each User in his/her Account and on the respective User's behalf.

6.4. The User acknowledges and agrees that CEX.IO gives to the User a possibility to hold and trade USDT (Tether) without guarantees of any kind, either expressed or implied including, but not limited to 100% backing of USDT by Tether Limited’s reserves; USDT price stability (1 USDT : 1 United States dollar) etc. These reserves are not insured and could be subject to unexpected diminution, this means that there is always a possibility for the User to lose his/her funds.

7. INTELLECTUAL PROPERTY RIGHTS

7.1. All content on this Site is the property of CEX.IO and is protected by copyright, patent, trademark and any other applicable laws, unless otherwise specified hereby.

7.2. The trademarks, trade names, service marks and logos of CEX.IO and others used on the Site (hereinafter the “Trademarks”) are the property of CEX.IO and its respective owners. The software, applications, text, images, graphics, data, prices, trades, charts, graphs, video and audio materials used on this Site belong to CEX.IO. The Trademarks and other content on the Site should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means, no matter manual or automated. The use of any content from the Site on any other site or a networked computer environment for any other purpose is strictly prohibited; any such unauthorized use may violate copyright, patent, trademark and any other applicable laws and could result in criminal or civil penalties.

7.3. CEX.IO supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for any material on which you hold a bona fide copyright, please send us an email to support@cex.io

8. THE USER VERIFICATION

8.1. Identification and verification procedures (also known as 'Know Your Customer' or 'KYC') are required for all the Transactions. All existing and new Users of the Platform must pass the verification procedure. CEX.IO reserves the right to limit the Platform functionality to the Users who have not passed verification. If the User refuses to provide required documents and information under KYC, CEX.IO reserves the right to immediately terminate the Services provision to the User.

8.2. The User undertakes to provide CEX.IO with correct and relevant documents and personal information contained therein. In case the User provides counterfeit documents and false personal information, such behaviour will be interpreted as a fraudulent activity.

8.3. The User hereby authorises CEX.IO to, directly or indirectly (through third parties), make any inquiries as we consider it necessary to check the relevance and accuracy of the information provided for verification purposes. Personal Data transferred will be limited to strictly the necessary and with security measures in use to protect the data.

9. USER ACCOUNT

9.1. The Site is for the User’s personal and non-commercial use only. CEX.IO is vigilant in maintaining the security of the Site and the Service. By registering with CEX.IO, the User agrees to provide CEX.IO with current, accurate and complete personal information as prompted by the registration process and to keep such information updated.

9.2. The User is allowed to register only one Account on the Platform. Thus, any additional Account may be suspended.

9.3. The User agrees that all actions conducted on the User’s Account are recognized as those made on behalf of the User and on the User’s own discretion.

9.4. The User agrees that he/she will not use any Account other than their own or access the Account of any other User at any time or assist others in obtaining unauthorized access.

9.5. CEX.IO reserves the right to recommend amount limits for the Account funding/withdrawal. CEX.IO could recommend daily, monthly and per one-transaction amount limits.

9.6. The User is responsible for maintaining the confidentiality of information on their Account, including, but not limited to their password, email, wallet address, wallet balance and of all activities including Transactions made via their Account. If there is any suspicious activity related to the User’s Account, CEX.IO may request additional information from the User, including authenticating documents and freeze the Account for the review time. The User is obligated to comply with these security requests or accept termination of their Account.

9.7. The User is acknowledged that email shall not be regarded as a secure method of communication and should never be used for transmitting Personal information.

9.8. Creation or use of the Accounts without obtaining a prior express permission from CEX.IO will result in the immediate suspension of all respective Accounts, as well as all pending buy/sell orders. Any attempt to do so or to assist others (Users or other third parties), or distribution of instructions, software or tools for that purpose will result in termination of such Users’ Accounts. Termination is not an exclusive remedy for such a violation and CEX.IO may decide to take further action against the User.

9.9. In case the User wants or intends or will use the Account to get brokerage and similar services, in the sole discretion of CEX.IO such Account should be prohibited from the Withdrawal of Cryptocurrency with the aim to counter possible fraudulent actions. At the same time, the User can use other tools for working (trade, Fiat currency/Cryptocurrency Deposit, Withdrawal in Fiat currency and others).

10. TRANSACTIONS

10.1. The Platform allows the User to submit the Orders to buy or sell Cryptocurrencies.

10.2. The User recognizes that the Order should only be submitted after careful consideration and the User understands and accepts consequences of its execution. The User agrees that as soon as the Order is executed, such transaction is irreversible and may not be cancelled. Transactions will be executed instantly upon the matching of the Buyer's and the Seller's Orders without prior notice to the Seller and the Buyer and will be considered to have taken place at the execution date and time.

10.3 The User acknowledges and agrees that he/she is responsible for properly checking and filling in all Transaction’s details during the Deposit or the Withdrawal of Cryptocurrencies or Fiat.

10.4. The User acknowledges and agrees that in case the Transaction details are not specified or incorrectly indicated within the Transaction the User may lose his/her funds.

10.5. Minimum and maximum order amount vary for each trading pair and can be seen on the Trade Page when placing an Order.

10.6. The User acknowledges and agrees that Deposit and Withdrawal Transaction in Fiat currency may be delayed due to some bank verifications and checks. Similarly, and due to the inherent nature of the cryptocurrency networks, the User acknowledges and agrees that depositing and withdrawing Cryptocurrencies into/from their Account may take some time.

10.7. Unverified users are not allowed to withdraw any Cryptocurrencies from their Account within forty-eight (48) hours after the Account was created.

10.8. In case if the User discovers transaction activity, including but not limited to unknown deposits and withdrawals, on their Account that was not initiated by the User, the User shall immediately notify CEX.IO of this fact and follow the instructions sent by CEX.IO. Otherwise, CEX.IO reserves the right to freeze the Account until the end of investigation.

10.9. CEX.IO may be forced to cancel or recall already executed Withdrawal Transaction at a request of financial institutions, including but not limited to banks, which are involved in settlement of such Transactions. In such cases the User obliges to cooperate with CEX.IO in order to discover the reasons for such request.

10.10. Minimum deposit amount for Ethereum (ETH) is 0.001, for other cryptocurrencies, such as Bitcoin (BTC), Bitcoin Cash (BCH), Zcash (ZEC), DASH and Bitcoin Gold (BTG) minimum deposit amount is 0.0001. If the amount is less than specified, the funds will not be credited to the User's Account.

10.11. CEX.IO does not support Ethereum (ETH) deposit and/or withdrawal via smart contracts.

10.12. CEX.IO has not supported the old type of ETH address since the 1st day of August 2018. The User acknowledges and agrees that any deposits sent to the old type of CEX.IO ETH address cannot be recovered and the User may lose his/her funds.

11. MAINTENANCE AND STORAGE FEES

11.1. If more than twelve (12) months elapse without the User signing into his/her Account or without making the Deposit of funds and the User’s Account has a balance of no more than five United States dollars (5 USD) or equivalent in any other currency, CEX.IO qualify this Account as inactive and has a right to nullify the User account as the non-refundable Maintenance fee upon thirty one (31) days prior email notification to the User. Inactive Accounts with zero balances shall be deactivated.

11.2. If more than twenty four (24) months elapse without the User signing into his/her Account or without making the Deposit and the User’s Account has a balance of more than five United States dollars (5 USD) or equivalent in any other currency, CEX.IO qualify this Account as dormant and transfer its balance into CEX.IO’s special segregated account in order to secure the User’s funds upon thirty one (31) days prior email notification to the User. The Account shall be deactivated.

11.3. CEX.IO reserves the right to apply the Maintenance fee thereafter against the User’s funds transferred into CEX.IO’s special segregated account, reducing the secured balances held. If a dormant account has a nil balance due to the Maintenance fees applied, it can be formally closed. If the User has funds within the CEX.IO special segregated account, User’s balances will be transferred back to the User’s account once it has been reactivated.

11.4. For reactivating inactive or dormant accounts, the Users are required to provide a request from an authorized e-mail address through CEX.IO Support. CEX.IO reserves the right to ask for updated ‘KYC’ documentation and hence, retain the Users’ proof of identity, proof of address, a recent photograph and a bank statement. Account reactivation is free of charge for the User.

11.5. If CEX.IO ceases to support a particular Cryptocurrency a non-refundable Storage fee will be charged to the User for storing that Cryptocurrency until remaining asset is claimed back by the User or until the Account goes to a zero balance provided that CEX.IO has given not later than seven (7) days’ prior notice in writing to the User by email of its intention to cease to support that particular Cryptocurrency.

11.6. CEX.IO’s prior notice obligation mentioned in the Clauses 11.1, 11.2, 11.5 and 11.10 is deemed fulfilled from the moment of sending the email to the User. CEX.IO bears no liability if the User has unsubscribed himself/herself from the CEX.IO’s newsletter and for this reason did not receive CEX.IO’s notices.

11.7. The Storage fee will be charged on a daily basis as follows:

USD, EUR, GBP 2 per day RUB 100 per day BTC 0.003 per day BCH 0.003 per day ZEC 0.5 per day DASH 0,003 per day BTG 0,003 per day ETH 0,06 per day LTC 0,4 per day XRP 1 per day XLM 1 per day QASH 10 per day BSV 1 per day BTG 0.1 per day

11.8. CEX.IO may deduct the Storage fee from any balances held in the User’s Account.

11.9. If the User wants to claim his/her current amount of assets back it should be done via request to support@cex.io. After CEX.IO receives such request it will send an appropriate instruction to the User.

11.10. CEX.IO reserves the right to change the Storage fee, as well as the way in which it is charged, provided CEX.IO has given seven (7) days’ prior notice in writing by email of its intention to change the Storage fee and/or the way in which it is charged.

12. STAKING

12.1. The Platform allows the User to participate in transaction validation process («Staking») on a proof-of-stake («PoS») blockchains. Such blockchains allow the participating holders of a minimum-required balance of a specific cryptocurrency to validate transactions and earn Staking rewards.

12.2. Staking rewards are calculated and initiated by the dedicated PoS blockchain. The Platform is not responsible for the conditions and results of the Staking process of the relevant PoS blockchain.

12.3. The Platform does not guarantee that you will receive Staking rewards, any specific reward, or any Staking return over time. Please read carefully the staking conditions of the respective PoS blockchain.

12.4. Staking process description, information about eligible cryptocurrencies for staking and terms for rewards located on: https://staking.cex.io/

13. TRANSACTION FEE

13.1. The User agrees to pay CEX.IO the Transaction fee for each completed Transaction.

13.2. Prior to trading, the User must consider the Transaction fee rates published on the Fee Schedule page. However, CEX.IO reserves the right to change the Transaction fee rates from time to time publishing updates on the Fee Schedule page.

13.3. The Transaction fee amount is automatically charged off in the currency indicated after symbol “/” in the trading pair after the relevant Transaction. Thus, for BTC/USD the fee is charged in USD; for ETH/BTC the fee is charged in BTC.

13.4. The minimum transaction fee equals to minimum currency amount. For Fiat currency it equals to 0.01, for Cryptocurrency it depends on the currency. The Transaction fee is charged according to the Rounding policy.

13.5. Minimum and maximum price, as well as minimum and maximum order amount vary for each trading pair and can be seen on the Trade Page when placing an order.

13.6. For specific type of orders, the Transaction fee may differ from those published on the 'Fee Schedule' page. Transaction fee rate shall be disclosed before the order execution.

13.7. The Transaction fee, other charges, as well as the charge procedure can be changed/reviewed unilaterally by CEX.IO from time to time and such changes shall become effective the moment they are posted on the Site.

13.8. The User acknowledges and agrees that every Cryptocurrency’s network can deduct its own network fee.

14. ONE-CLICK TRANSACTION AGREEMENT

14.1. By clicking the “Pay” button you express full consent to this One-Click Transaction Agreement Terms and Conditions (hereinafter – the “Agreement”) and authorize payment service provider to automatically charge your credit card for recurring delivery of goods or services in chosen amount

14.2 You acknowledge and agree that transaction receipt will be provided within 2 (two) business days using agreed method of communication.

14.3. You certify that you are an authorized holder of credit card. By accepting this Agreement, you agree to contact us via support@cex.io with the aim to resolve any problem you might have before requesting a chargeback from your bank or credit card provider at any time while or after using our services. A chargeback in breach of the foregoing obligation is a material breach of this Agreement.

14.4. You agree to pay for all goods and/or services or other additional services you ordered through the CEX.IO’s Website available at https://cex.io/ (hereinafter – the “Website”), as well as for any additional expenses (if necessary), including, but not limited, all possible taxes, charges, etc.

14.5. You take full responsibility of payments made on the Website. Payment service provider only facilitates a payment for the amount indicated by the Website, and it is not responsible for paying by user of the Website the aforementioned additional funds/expenses.

14.6. After clicking the “Pay” button the transaction is irrevocably deemed to be processed and executed. After clicking the “Pay” button you agree that you will not be eligible to cancel the payment or request to cancel it. By placing the order on the Website, you confirm and state that you do not violate legislation of any country. Also, by accepting this Agreement (and Terms of Use), you, as cardholder, confirm that you are entitled to use Services offered via the Website.

14.7. By starting to use the Website’s services you take legal responsibility for not violating the legislation of any country where this service is being used and confirm that the payment service provider is not responsible for any such unlawful or unauthorised violation.

14.8. By agreeing to use the Website’s services, you understand and accept that processing of any of your payments are executed by the payment service provider, and there is no statutory right of revocation of already purchased goods and/or services or any other opportunities to cancel the payment.

14.9. You acknowledge that this Agreement will remain in effect until you cancel it, and you agree to notify the Website of any changes in your account information within 7 (seven) calendar days after such changes occurred. If you wish to reject to use One-Click transaction services for your next purchases of goods and/or services on the Website, you can do that by contacting directly the Support of the Website using email: support@cex.io

14.10. Payment service provider is not responsible for any failure to process the data related to your payment card, or for the issuing bank’s refusal to provide authorisation of the payment with your payment card. Payment service provider is not responsible for the quality, quantity, price, terms of use of any goods and/or services or other facilities offered to you or purchased by you from the Website by using your payment card. When you pay for any of the Website’s goods and/or services, you are primarily bound by the Website’s Terms of Use. Please note that only you, as the cardholder, are responsible for paying for all goods and/or services you have ordered through the Website and for any additional expenses/fees that can be applied to this payment. Payment service provider acts only as the executor of the payment in the amount stated by the Website, and it is not responsible for pricing, total prices and/or total sums.

14.11. You acknowledge and agree that in case of any changes in this Agreement the notification will be sent to you at least 7 (seven) business days prior.

14.12. You acknowledge and accept own responsibility to be updated in information provided on Website regarding Terms of Use and/or using your personal account/profile on the Website.

14.13. You agree on using of communication method via email.

14.14. In case there is a situation when you do not agree with the Agreement and/or other reasons, we ask you not to proceed with the payment, and, if necessary, contact directly the Support of the Website using email: support@cex.io.

15. ROUNDING POLICY

15.1. For all financial calculations CEX.IO uses the rounding policy in the favour of the Platform. CEX.IO rounds the Fiat currencies to the 2nd digit after the separator. The Rounding policy for cryptocurrencies varies depending on cryptocurrency.

15.2. For the purpose of the processes optimization, transactions on the Platform with regard to some items (including, but not limited to currencies, cryptocurrencies, etc.) will not be reflected at the User’s Account and will appear as soon as a unit is whole in accordance with the rounding standards.

16. ILLEGAL TRANSACTIONS

16.1. CEX.IO reserves the right to suspend or terminate your CEX.IO Account at any time if we reasonably believe to be required to do so by the law or in order to comply with recommendations issued by a relevant government authority or recognized body for the prevention of financial crime.

16.2. It is strictly forbidden to use the Account for any illegal purposes. CEX.IO will report any suspicious activity to the relevant law enforcement.

16.3. The User shall ensure that they do not use the Services for the transactions relating to:

money laundering, terrorist financing, proliferation of weapons of mass destruction;

human trafficking;

any goods or services that are illegal or the promotion, offer or marketing of which is illegal or that are offered in connection with illegal, obscene or pornographic content, depict children or minors in sexual postures, depict means of propaganda or signs of unconstitutional organisations glorifying war or violating human dignity;

any goods or services, promotion, offer or marketing of which would violate copyrights, industrial property rights or other rights of any person;

archaeological findings;

drugs, narcotics or hallucinogens;

weapons of any kind;

illegal gambling services;

Ponzi, pyramid or any other “get rich quick” schemes;

goods that are subject to any trade embargo;

media that is harmful to minors and violates laws and, in particular, the provision in respect of the protection of minors;

body parts or human remains;

protected animals or protected plants;

weapons or explosive materials; or

any other illegal goods, services or transactions.

17. ACCOUNT SECURITY

17.1. The User is responsible for maintaining the confidentiality of their Account’s credentials, including, but not limited to a password, email, wallet address, balance and of all activity including Transactions made through the Account.

17.2. CEX.IO personnel will never ask the User to disclose their password. Any message the User receives or website that he/she visits that asks for the password, other than the CEX.IO Site, should be reported to CEX.IO. If the User is in doubt whether a website is genuine, it is required to ensure the website is EV SSL compliant (Security Certificate Validation is shown in the address bar of a web browser).

17.3. It is obligatory for the User to change his/her password every three (3) months on a regular base in order to reduce the risk of a security breach in relation to the Account. CEX.IO also advises the User not to choose a password that is easily guessed from information someone might know or gather about the User or a password that has a meaning. The User must never allow anyone to access his/her Account or watch the User accessing his/her Account.

17.4. If the User has any security concerns about his/her Account, login details, password or other security feature being lost, stolen, misappropriated, used without authorization or otherwise compromised, the User is advised to change the password. The User must contact Support Service without undue delay on becoming aware of any loss, theft, misappropriation or unauthorized use of the Account, login details, password or other security features. Any undue delay in notifying CEX.IO may not only affect the security of the Account but may result in the User being liable for any losses as a result. If the User suspects that someone else accessed his/her Account, the User should also contact an appropriate government agency and report the incident.

17.5. The User must take reasonable care to ensure that his/her e-mail account(s) are secure and only accessed by the User, as his/her e-mail address may be used to reset passwords or to communicate with the User about the security of the Account. CEX.IO cannot be liable for the breach of an e-mail account resulting an unauthorized Transaction to be executed with proper confirmation. In case any of the e-mail addresses registered with the User’s Accounts are compromised, the User should without undue delay after becoming aware of this contact Support Service and also contact his/her e-mail service provider.

17.6. Irrespective of whether the User is using a public, a shared or his/her own computer to access the Account, the User must always ensure that his/her login details are not stored by the browser, cached or otherwise recorded. The User should never use any functionality that allows login details or passwords to be stored by the computer he/she is using.

17.7. Additional products or services the User uses may have additional security requirements and the User must familiarize with those as notified to him/her.

17.8. Two-factor authentication must be enabled in order to make any Withdrawal Transactions.

18. TERMINATION OF THE TERMS OF USE

18.1. The User may terminate the Terms of Use and close their Account at any time, following settlement of any pending transactions.

18.2. The User also agrees that CEX.IO may, by giving notice, at its sole discretion terminate his/her access to the Site and to his/her Account, including without limitation, our right to: limit, suspend or terminate the service and the Users' Accounts, prohibit access to the Site and its content, services and tools, delay or remove hosted content and take technical and legal steps to keep the Users off the Site if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties or acting inconsistently with the letter or spirit of these Terms. Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate Accounts of Users for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or another User's account or providing assistance to others' attempting to do so, (2) overcoming software security features limiting use of or protecting any content, (3) usage of the Service to perform illegal activities such as money laundering, illegal gambling operations, financing terrorism, or other criminal activities, (4) violations of these Terms of Use, (5) failure to pay or fraudulent payment for Transactions, (6) unexpected operational difficulties, or (7) upon the request of law enforcement or other government agencies, if deemed to be legitimate and compelling by CEX.IO, acting at its sole discretion.

18.3. CEX.IO also reserves the right to cancel unconfirmed Accounts or Accounts that have been inactive for a period of six (6) months or more and/or to modify or discontinue our Site or Service. The User agrees that CEX.IO will not be liable to them or to any third party for termination of their Account or access to the Site.

18.4. The suspension of the Account shall not affect the payment of the Transaction fees due for past Transactions. Upon termination, the User shall provide a valid bank account details or cryptocurrency address to allow the transfer of any currencies deposited to his/her Account. CEX.IO shall transfer the currencies as soon as possible following the User's request in the time frames specified by CEX.IO.

18.5. CEX.IO will send the credit balance of the User’s Account to him/her, however in circumstances a number of intermediaries may be involved in an international payment and these or the beneficiary bank may deduct charges. CEX.IO will use reasonable efforts to ensure that such charges are disclosed to the User prior to sending the payment; however, where they cannot be avoided, the User acknowledges that these charges cannot always be calculated in advance, and that he/she agrees to be responsible for such charges.

19. SERVICES AVAILABILITY

19.1. All Services are provided “AS IS”, without guarantees of any kind, either expressed or implied.

19.2. CEX.IO will strive to keep the Site up and running; however, all online services suffer from occasional disruptions and outages and CEX.IO is not liable for any disruption or loss the User may suffer as a result. Thus, CEX.IO does not provide any guarantees that access to the Site will not be interrupted or that there will be no delays, failures, errors, omissions or loss of transmitted information.

19.3. CEX.IO will use reasonable endeavours to ensure that the User can normally access the Site in accordance with the Terms of Use. CEX.IO may suspend use of the Site for maintenance and will make reasonable efforts to give the User a notice. The User acknowledges that this may not be possible in an emergency.

20. API, WIDGETS AND MOBILE APPLICATIONS

20.1. API requests are limited to 600 requests per 10 minutes. If this limit is exceeded, it may result to the ban for 10 minutes. For example, if you perform 600 queries in the first minute, the next query is possible only after 9 minutes + 1 second.

20.2. CEX.IO may provide widgets for the User’s use to put our data on the User’s Site. The User is free to use widgets in their original unmodified and unaltered state.

20.3. CEX.IO may provide mobile applications (“mobile apps”), which can be used to get an access to the Account. The use of these mobile apps is the subject to these Terms of Use.

21. FINANCIAL OR LEGAL ADVICE

CEX.IO does not provide any financial, investment or legal advice in connection with the Services provided by CEX.IO. CEX.IO may provide information on the price, range, volatility of Cryptocurrencies and events that have affected the price of Cryptocurrencies, but it should not be considered as an investment or financial advice and should not be construed as such. Any decision to buy or sell Cryptocurrencies is the User’s decision and CEX.IO will not be liable for any loss suffered.

22. TAXATION

22.1. The User undertakes to pay all his/her taxes and duties, which can be resulted from the use of CEX.IO Services and should be paid according to the User’s state of residence regulations.

22.2. CEX.IO is not responsible for any violation made by the User due to his/her obligation to calculate and pay taxes and duties.

23. NOTICES AND COMMUNICATION

23.1. CEX.IO reserves the right to send notices to and communicate with the User by any means of communication available to CEX.IO, considering the contact details provided by the User.

23.2. The User expressly agrees to receive any notices in electronic form and to be bound by them, if so is required by the Terms of Use.

23.3. The main official information channel of CEX.IO is the CEX.IO Blog

24. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms of Use shall be governed by and construed in accordance with the laws of the United Kingdom, unless otherwise expressly provided. All disputes and controversies arising out of or in connection with this website and these Terms of Use shall be submitted to the United Kingdom Court in London (main office), as the Court of first instance. If any portion of these Terms of Use shall be deemed invalid, void or for any reason unenforceable, such portion shall be deemed severable and shall not affect the validity and enforceability of any remaining portion.

25. LIMITATION OF LIABILITY

25.1. IN NO EVENT SHALL CEX.IO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS BE LIABLE TO THE USER OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) ACCURACY, COMPLETENESS OR CONTENT OF THIS SITE, OR ANY OF CEX.IO RELATED MEDIUMS OF COMMUNICATION, INCLUDING TELEGRAM, BLOG, FACEBOOK, TWITTER, (II) ACCURACY, COMPLETENESS OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (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 OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES 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 SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE AND/ OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USER'S USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, OR ANY OF CEX.IO RELATED MEDIUMS OF COMMUNICATION, INCLUDING TELEGRAM, BLOG, FACEBOOK, TWITTER, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL OR EQUITABLE THEORY AND WHETHER OR NOT CEX.IO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. IN ADDITION, THE USER SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL CEX.IO’S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY THE USER FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR THE USER'S USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

25.2. CEX.IO will not be liable for the Transactions, initiated by the User, below the prescribed limits, as stated in clause 10.10. hereof.

26. INDEMNITY

The User agrees to protect, defend, indemnify and hold harmless CEX.IO and its officers, directors, employees, agents and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by CEX.IO directly or indirectly arising from (i) the User’s use of and access to this Site or the Services found at this Site; (ii) the User’s violation of any provision of the Terms of Use or the policies or agreements which are incorporated herein; and/or (iii) the User’s violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of the Terms of Use or the User’s use of this Site or the Services found on this Site.

27. MODIFICATIONS AND AMENDMENTS

CEX.IO reserves the right to amend or modify any portion of these Terms of Use at any time by publishing the revised version of the Terms of Use on the Site. The changes will become effective and shall be deemed accepted by the User, the first time the User uses the Services after the publishing of the revised Terms of Use and shall apply on a going-forward basis with respect to any activity initiated after publishing. In the event that the User does not agree with any such modification, the User's sole and exclusive remedy is to terminate the use of the Services and close the Account. The User agrees that CEX.IO shall not be liable to the User or any third party as a result of any losses suffered by any modification or amendment of these Terms of Use.

28. FORCE MAJEURE

If CEX.IO is unable to perform the Services outlined in the Terms of Use due to the factors beyond its control including but not limited to the event of Force Majeure, change of law or change in sanctions policy, CEX.IO will not have any responsibility to the User with respect to the Services provided hereunder and for a time period coincident with the event.

This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by CEX.IO. CEX.IO assumes no responsibility for the content, terms and conditions, privacy policies or practices of any third-party websites. In addition, CEX.IO does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release CEX.IO from any and all liability arising from the User's use of any third-party website. Accordingly, CEX.IO encourages the User to be aware when the User leaves this Site, or the Services found at this Site and to review the terms and conditions, privacy policies and other governing documents of any other website that you may visit.

If you have any questions relating to these Terms of Use, your rights and obligations arising from these Terms and/or your use of the Site and the Service, your Account or any other matter, please, contact support@cex.io