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CEX.IO Bitcoin Exchange

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IMPORTANT:

Applicability of Terms of Use. The specific Terms of Use governing your contractual relationship are based on the applicable CEX.IO entity, determined by your residency and account type.

Click the links below to unfold the terms for individual entities.

Last update: 1st of February, 2024

These Terms of Use and the Privacy Policy (together, the “Terms”) apply to any person located in the United States of America that registers for and/or opens a CEX.IO Account or any associated mobile applications, website, or application program interfaces (together, the “Site” or “Platform”). These Terms constitute a legally binding agreement between you (also referred to herein as “User”) and CEX.IO Corp. (“CEX.IO”, “us”, or “we”). By registering for and opening a CEX.IO Account or accessing the Site, you understand and accept these Terms and agree to be bound by and act in accordance with them. If you are using the Platform on behalf of a business or entity, you acknowledge and agree that you have authority to bind such business or entity and that such business or entity accepts these terms.These Terms set forth the terms for your use of the Site and are effective as of the date you accept or otherwise agree to the terms of this Agreement (“Effective Date”). Users may be granted additional levels of access to the Site and their relationship with CEX.IO may be governed by additional agreements and/or terms of use that govern their account(s) (e.g. CEX.IO Prime users must agree to the Prime Liquidity Service Agreement).

CEX.IO reserves the right to change or modify the terms and conditions contained in these Terms, including but not limited to any policy or guideline of the Platform, at any time and at its sole discretion. If you keep using our services after these Terms have changed and gone into effect, that means you have accepted those changes and they are legally binding on you. If you do not agree with the changed terms, you must stop using our services immediately. You agree that we will not be liable to you or any third party as a result of any losses suffered by any modification or amendment of these Terms.

You are solely responsible for understanding and complying with any and all federal and state laws, rules, and regulations that may be applicable to you in connection with the use of the Site and any and all services, products, and content of CEX.IO.

IF YOU DO NOT AGREE TO THE TERMS, DO NOT ACCESS THE SITE OR USE OUR SERVICES.

STATE LICENSE DISCLOSURES

CEX.IO maintains licenses to engage in money transmission activities in many states, and these licenses may impact our provision and your use of certain CEX.IO services depending on where you live. CEX.IO’s licenses and corresponding required disclosures can be found on the Licenses and Registrations page, which is incorporated here by reference.

PLEASE BE ADVISED THAT THESE TERMS OF USE INCLUDE AN ARBITRATION PROVISION THAT GOVERNS THE RESOLUTION OF DISPUTES BETWEEN YOU AND CEX.IO. BY ACCESSING OR USING OUR SERVICES, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THE TERMS SET FORTH HEREIN, INCLUDING THE ARBITRATION PROVISION DETAILED BELOW.

THE ARBITRATION PROVISION OUTLINES THE PROCESS BY WHICH DISPUTES WILL BE RESOLVED AND MAY AFFECT YOUR LEGAL RIGHTS, INCLUDING THE WAIVER OF YOUR RIGHT TO PURSUE CLAIMS IN COURT OR PARTICIPATE IN CLASS ACTIONS. IT IS IMPORTANT THAT YOU CAREFULLY READ AND UNDERSTAND THE ARBITRATION PROVISION BEFORE CONTINUING TO USE OUR SERVICES.

1. DEFINITIONS

1.1. Capitalized terms not otherwise defined in these Terms will have the following meaning:

  • “Account” or “CEX.IO Account” means a personal secure profile created by you on our Site or App. It allows you to access and use our services and manage your preferences.
  • “Affiliates” means, with respect to a legal entity, another legal entity that controls, is under common control with, or is controlled by the first legal entity. The Site may be operated or provided by CEX.IO, its Affiliates or their respective contractors.
  • “Application“ or “App“ refers to a software program designed to run on electronic devices, including but not limited to mobile phones, tablets, and computers. The application may provide various services, features, or functionalities.
  • “Biometric Data” means the unique physical, physiological or behavioral characteristics of an individual that can be used to identify or authenticate their identity. It includes, but is not limited to fingerprints, facial recognition patterns, voiceprints, or other biologically derived or physical traits that can be digitally captured or stored.
  • “Bundle” means a trading service into which the User can buy Digital Assets immediately (instantly) from Digital Assets.
  • “Content” refers to all information, data, materials, text, images, videos, audio, graphics, software, and any other digital assets or elements made available on our website or through our services. This includes, but is not limited to, any content provided by us, user-generated content, third-party content, product descriptions, articles, blog posts, comments, reviews, and any other information presented or accessible within the scope of our platform or services. The term “Content“ encompasses all forms of media and resources that Users may encounter or interact with while using our Site.
  • “Deposit” means a Transaction involving the transfer of Funds to the Account.
  • “Digital Asset (Asset)” means any digital asset (including a virtual currency) which is a digital representation of value based on or built on top of a cryptographic protocol of a computer network (e.g. bitcoin, ether and litecoin).
  • “Fees” means any type of fee collected by CEX.IO such as commission and services fees.
  • “Fiat currency” means government-issued currency, that is designated as legal tender in its country of issuance through government decree, regulation, or law.
  • “Freeze” or “Account Freeze” refers to the temporary suspension or restriction of certain account functionalities, including but not limited to buying, selling, converting, and transferring Funds within the account. During the account freeze period, a User is unable to perform any transactions until the freeze is lifted or resolved.
  • “Funds” means Digital Assets and/or USD currency.
  • “Instant Buy” means a trading service into which the User can buy Digital Assets immediately (instantly) from Fiat currency.
  • “Market Manipulation” means 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.
  • “Order” means the User’s instruction to buy or sell Digital Asset.
  • “Restricted Location” means a state where CEX.IO is not permitted to provide services (e.g. New York). For information concerning the jurisdictions where we can operate, see Licenses and Registrations.
  • “Rounding Policy” means the rules and methods applied by CEX.IO when determining the price and quantity of cryptocurrencies in trading Transactions.
  • “Services” means all and any technologies, products and/or functionalities provided by CEX.IO.
  • “Site” means the online platform or website operated by CEX.IO through which services are provided to you. It’s the place where we offer our services to you, providing a digital environment with all the features and tools you need to access and use our services. This includes Apps (e.g. mobile applications), websites, and application program interfaces.
  • “Transaction[s]” refers to when you buy, sell, send, convert, or carry out other transactions in Assets.
  • “Transaction Details” means details of the transaction, including, but not limited to recipient's wallet address, payment details, bank account information, etc.
  • “Withdrawal” means a Transaction involving a transfer of Funds from a user’s account to your bank account or to an account opened in any other financial institution.

2. RISK WARNING

2.1. Digital Assets and associated activities involve a significant amount of risk. Prices can fluctuate, often significantly, on any given day. Because of such price fluctuations, you may gain or lose value of your assets at any given moment. Digital Assets may be subject to large swings in value and may even become completely worthless. There is always an inherent risk that losses will occur as a result of buying, selling, or trading anything on the market. Digital Asset trading has specific risks, which are not shared with other official currencies, goods, or commodities in a market.

2.2. Taxes may be payable on any return and/or on any increase in the value of your Digital Assets and you should seek independent advice on your tax obligations. CEX.IO is not responsible for any violation made by the User due to his/her obligation to calculate and pay taxes and duties.

2.3. Digital Assets are not legal tender and are not backed by the government. CEX.IO is not a bank and CEX.IO Accounts are NOT subject to Federal Deposit Insurance Corporation (FDIC) or Securities Investor Protection Corporation (SIPC) protections.

2.4. Legislative and regulatory changes or actions at the state, federal, or international level may adversely affect the use, transfer, exchange, and value of Digital Assets.

2.5. Transactions in Digital Assets may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable. Some Digital Assets transactions shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that the customer initiates the Transaction. The value of Digital Assets may be derived from the continued willingness of market participants to exchange USD currency for Digital Assets and Digital Assets for Digital Assets, which may result in the potential for a permanent and total loss of value of a particular Digital Asset should the market for that Digital Asset disappear.

2.6. The nature of Digital Assets may lead to an increased risk of fraud or cyber-attack. The nature of Digital Assets means that any technological difficulties experienced by CEX.IO may prevent the access or use of a User's Digital Assets.

2.7. Any account maintained by CEX.IO for the benefit of its Users may not be sufficient to cover all losses incurred by Users. There may be additional risks, which have not been foreseen or identified in the current Terms of Use. Carefully assess whether your financial situation and tolerance for risk is suitable for buying/selling/trading Digital Assets.

2.8. CEX.IO does not provide any financial, investment or legal advice in connection with the Services provided by CEX.IO. While our products and services may involve the use of various digital assets, it is essential to understand that our company does not endorse, promote, or provide any investment advice or recommendation regarding these digital assets.The inclusion of any specific digital asset within our products and services should not be construed as an endorsement or validation of its value, utility, or potential investment merit. Users are solely responsible for conducting their own research and making informed decisions concerning the use and involvement of digital assets. Our company disclaims any association, sponsorship, or endorsement of any particular digital asset, and we encourage users to exercise caution and diligence when dealing with digital assets within the scope of our products and services.

2.9. CEX.IO may provide information on the price, range, volatility of Digital Assets, and events that have affected the price of Digital Assets, but it should not be considered as an investment or financial advice and should not be construed as such. Any decision to buy or sell Digital Assets is Your decision and CEX.IO will not be liable for any loss suffered. You should conduct your own research regarding Digital Assets.

3. SERVICES

3.1. Generally, our Site allows users to buy, sell, and convert Digital Assets. The range of services offered depends upon your state of residence and whether you are a person or institution, corporation or other legal entity. 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. Services include, but are not limited to.

  • Instant Buy / Sell

General. Instant Buy / Sell, allows users to buy or sell Digital Assets for a fixed price quoted by CEX.IO in USD currency. Digital Asset purchases and sales made via Instant Buy / Sell are filled entirely at a single price. Your use of Instant Buy / Sell must comply with the aforementioned requirements found in these Terms.

Bundle. The CEX.IO Bundle is a feature of the Instant Buy service that allows you to purchase Digital Assets in a single-click transaction, subject to our current fees for purchasing Digital Assets. The Digital Assets available for Instant Buy are made available by CEX.IO at its sole discretion.

All pricing or performance data related to the Instant Buy is for informational purposes only. The Instant Buy is not an offer to purchase any single security, investment, or financial instrument. The Instant Buy offer is not a recommendation to buy, sell or hold any Digital Assets or any amount of Digital Assets and does not constitute investment advice, financial advice, or trading advice.

Transaction Price. The quoted price is locked-in a specific time period (typically 2 minutes), upon which it is recalculated if the user has not confirmed the purchase. Once the user confirms the purchase, however, the price is set.

  • CEX.IO Prime

General. CEX.IO Prime is a technical solution for institutional clients which provides two-sided (buy and sell) aggregated liquidity, available via web and API. Prime aggregates liquidity from the reputable regulated exchanges. The users of Prime thereby have uniform access to multiple sources of liquidity in one place. The smart order router determines the most optimal execution and executes the order at the best possible price. This aggregation of liquidity and order routing is available via a proprietary technical solution called Aggregator. The Aggregator is a smart order router that performs the optimal order execution, from price and time perspectives, given the combined available liquidity on multiple trading venues.

  • Wallet

General. Your CEX.IO Wallet allows you to deposit, withdraw, and convert select Digital Assets. You are not able to store USD currency in this wallet. Your Digital Assets are not insured by the FDIC or SIPC. Under no circumstances should you attempt to use your CEX.IO Wallet to store, send, request, or receive any assets other than supported Digital Assets. CEX.IO assumes no responsibility in connection with any attempt to use your CEX.IO wallet with Digital Assets that we do not support. You understand and agree that CEX.IO is not liable for any unsupported Digital Asset that is sent to a wallet associated with your CEX.IO Account. In order to view our current list of supported Digital Assets, please log into your Account.

4. ELIGIBILITY

4.1. By registering an Account, you expressly represent and warrant that you:

  • will follow the rules and laws of your jurisdiction from where you will access the Site;
  • are not located in a Restricted Location;
  • are at least 18 years old and have the legal capacity to accept these Terms and participate in transactions involving Digital Assets;
  • have not been previously removed or suspended from the Site;
  • you have the authority and legal capacity to accept these Terms of Use and participate in transactions involving Digital Assets;

4.2. You agree that you will not grant any person or organization access to your User Account, except as described herein, as granting access may violate Applicable Laws and Regulations.

5. FEES

5.1. CEX.IO makes money when you buy, sell or convert digital assets. We reserve the right to charge for, or change the fees associated with, the use of the Site at any time subject to reasonable notice and these Terms. For information on fees see the CEX.IO Limits and Commissions page.

5.2. Prior to using the Services, you must consider the fee rates published on the Fee Schedule page. However, CEX.IO reserves the right to change the Transaction fee rates from time to time by publishing updates on the Fee Schedule page.

5.3. 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.

5.4. The minimum transaction fee equals the minimum currency amount. For Fiat currency, it equals 0.01, for Digital Asset it depends on the asset. The Transaction fee is charged according to the Rounding Policy described below.

5.5. The minimum and maximum price, as well as the minimum and maximum Order amount, varies for each trading pair and can be seen on the Trade Page when placing an order.

5.6. For specific types of Orders, the Transaction fee may differ from those published on the 'Fee Schedule' page. The Transaction fee rate shall be disclosed before the Order execution.

5.7. The Transaction fee, other charges, as well as the charging 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.

5.8. The User acknowledges and agrees that every Digital Asset network can deduct its own network fee.

5.9. CEX.IO may charge network fees, sometimes called miner fees, to process Digital Asset Transactions on the User’s behalf. CEX.IO will calculate the network fee at its discretion.

5.10. By using the Services, you agree to pay all applicable Fees.

6. TRADING FEE BALANCE AVAILABLE ON THE CEX.IO SPOT TRADING PRODUCT

6.1. At its sole discretion, CEX.IO may offer Users an incentive, in the form of a trading fee balance credited to a User, to use the CEX.IO Spot Trading platform. The trading fee balance is conditional, limited in size and in use. 

6.2. Specific conditions (requirements) fulfillment of which may grant the User the trading fee balance (hereinafter - “Trading Fee Balance”) are up to CEX.IO and subject to change without notice. The total Trading Fee Balance may consist of several parts, granted upon fulfillment of specific conditions, with separate expiration dates or remaining open-ended. Specific mechanics of how each specific Trading Fee Balance is granted, including but not limited to the landing page address, timing of the Trading Fee Balance delivery, are also up to CEX.IO and subject to change without notice. 

6.3. The mechanics and conditions to getting the Trading Fee Balance may include a few steps, e.g. corresponding to the User’s onboarding on the Platform, each of which may be rewarded with a separate Trading Fee Balance. The participation may include the need to opt-in. If opt-in is included as a condition to participation, only steps completed after the opt-in on the dedicated landing page count towards the potential eligibility for the Trading Fee Balance.  Steps completed prior to the opt-in, when the opt-in is required, do not count towards the potential eligibility for the Trading Fee Balance.

6.4. The Trading Fee Balance can be issued  in the form of a trading fee discount within the CEX.IO Spot Trading product of a specific value in Tether (“USDT”) (or any other cryptocurrency) held on the User’s account, separate from the User's CEX.IO Spot Trading usual account balance. 

6.5. Depending on the type, the Trading Fee Balance may have either a specified expiration date or be open-ended. Please refer to the expiry date on the individual Trading Fee Balance that can be found on the User’s “Finances” page in the trading terminal.

6.6. In case the specific Trading Fee Balance has an expiration date, then after the expiry date, the remaining unused Trading Fee Balance will expire and be burned without the possibility of its further use. Any orders active after the expiration of a specific Trading Fee Balance  will be fulfilled at the applicable fees charged from the User's other available Trading Fee Balances, if any. If no other specific Trading Fee Balance is available to the User, the applicable fees will be deducted from the User's CEX.IO Spot Trading usual account balance.

6.7. In case the User receives an open-ended Trading Fee Balance, the User will be able to use the Trading Fee Balance on CEX.IO Spot Trading until the User spends it. Notwithstanding the above, the User agrees that CEX.IO reserves the right to unilaterally terminate such Trading Fee Balance and write off the unused portion of the Trading Fee Balance allocated to the User’s CEX.IO Spot Trading account.

6.8. The User is able to check his/her available Trading Fee Balance and its parts, if applicable, on the User’s “Finances” page in the trading terminal.

6.9. In case when, for example, the User has X amount of USDT on the Trading Fee Balance, and a trading fee for the order is Y amount of the second currency of a trading pair chosen (for example, for the ETH/BTC trading pair the fee will be calculated in BTC), then the equivalent of Y amount will be withdrawn from the User’s CEX.IO Spot Trading Fee Balance at the CEX.IO Spot Trading’s current applicable spot market rate, which may be volatile.

6.10. In case the Trading Fee Balance can only cover a portion of the applicable trading fees on the CEX.IO Spot Trading product, then the portion of the trading fees will be covered by the Trading Fee Balance, while the remaining trading fees will be charged as usual from the User’s CEX.IO Spot Trading account’s balance.

6.11. If there is another unexpired Trading Fee Balance on a User’s CEX.IO Spot Trading’s account, this balance will be used automatically towards the applicable CEX.IO Spot Trading fees.

6.12. Trading Fee Balance can only be used as a discount towards applicable trading fees on CEX.IO Spot Trading. Trading Fee Balance cannot be traded, exchanged, transferred, or withdrawn for equivalent currency or equivalent digital assets. The Trading Fee Balance can be used only to cover trading fees of the CEX.IO Spot Trading and no other CEX.IO products.

6.13. In the event of CEX.IO and/or CEX.IO Spot Trading initiates Platform and/or Service maintenance, repairs, upgrades, or any Force Majeure Event (as specified in the Terms of Use), the Trading Fee Balance may be suspended for a period of time until CEX.IO and/or CEX.IO Spot Trading resumes or is reasonably expected resume its Service.

6.14. CEX.IO may change, extend, freeze, terminate, cancel, or retrieve (write off) the Trading Fee Balance before the expiration date and the open-ended Trading Fee Balance, whether or not with notice. This may happen for several reasons, including, but not limited to, a violation of the Terms of Use or other legal documentation and/or Policy by the User, potential services abuse, a risk of money laundering and/or other suspected illicit activities, and/or other activities or behaviors. These, in CEX.IO’s sole and absolute discretionary power, may disqualify the User for the Trading Fee Balance, and/or may deem the User unfit to participate further in this promotion.

6.15. In order to comply with local regulations, certain features may not be available or may become unavailable in the User’s region.

6.16. For more information regarding the CEX.IO Spot Trading product’s Trading Fee Balance functionality please refer to CEX.IO Help Center.

6.17. While the Trading Fee Balance represents a discount to the CEX.IO Spot Trading fees, the User should determine any potential individual tax obligations and possibly seek independent tax advice. 

7. PAYMENT SERVICES PARTNERS

7.1. CEX.IO uses third party payment processors to process any US currency payment between you and CEX.IO, including but not limited to payments in relation to your use of our Site. The name on your linked bank account must match the name verified on your Account(s).

8. ROUNDING POLICY

8.1. CEX.IO uses the Rounding Policy in the favour of the Platform on all financial transactions. CEX.IO rounds Fiat currencies to the second digit after the separator. The Rounding Policy for Cryptocurrencies varies depending on Cryptocurrency.

8.2. 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 the next whole unit in accordance with the Rounding standards.

9. DATA PROTECTION AND SECURITY

9.1. You acknowledge and agree that we may process personal data, including sensitive and biometric data, in relation to you. Please review our Privacy Policy for more information on how we collect and process personal information relating to the Site.

9.2. When you open or log into your CEX.IO Account, your personal information will be stored by CEX.IO in accordance with all applicable regulations. All users are subject to our KYC/CDD procedures prior to using our services. Unauthorized access to Your CEX.IO Account by unregistered Users may result in the termination of all related CEX.IO Accounts.

9.3. You are responsible for maintaining the confidentiality of his Account’s credentials, including, but not limited to a password, email, wallet address, balance, and of all activity including Transactions made through the Account. CEX.IO personnel will never ask you to disclose this password. We recommend that you change your password every three months in order to reduce the risk of a security breach in relation to the Account. If you have any security concerns about your Account, login details, password, or other security feature being lost, stolen, misappropriated, used without authorization, or otherwise compromised, you must change the password. Contact Support Service at support@cex.io as soon as possible upon becoming aware of any loss, theft, misappropriation, or unauthorized use of your 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 you being liable for any losses as a result. If you suspect that someone else accessed your Account, you should also contact any appropriate government agency to report the incident.

9.4. You must take reasonable care to ensure that your email account(s) are secure and only accessed by you, as your email accounts(s) may be used to reset passwords or to communicate with you about the security of the Account. CEX.IO cannot be liable for the breach of an email account resulting in an unauthorized Transaction executed without proper confirmation. Should the email addresses registered with your Accounts be compromised, you should, without undue delay after becoming aware, contact Support Service at support@cex.io as well as contact your email service provider.Promptly reporting a security breach does not guarantee that CEX.IO will reimburse you for any losses incurred, nor will CEX.IO be held liable for any losses resulting from the security breach.

9.5. Additional products or services accessed by you may have additional security requirements and you must comply with those security requirements as well.

9.6. 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.

9.7. Two-factor authentication must be enabled in order to make any withdrawals. CEX.IO maintains multi-vector security settings to protect your assets and CEX.IO ecosystem from bad actors. We closely monitor the potential vulnerability of users who may be more likely a target for fraudsters and/or susceptible to fraud.

9.8. CEX.IO reserves the right to require a “live“ communication by webcam or “liveness check“ via User’s mobile phone with User to confirm any details or respond to your customer services requests. Such requests will only ever be made via in-app chat or from a CEX.IO domain email.

9.9. CEX.IO is aware that scammers can potentially target any digital asset platform providers with fake sites and fake customer service provision. You therefore agree to check any incoming messages to you which appear to originate from CEX.IO by checking the originating email address and website address; no variations should be accepted by you other than a CEX.IO suffix/domain. If you are unsure, never click on any suspicious link and contact CEX.IO with your User number on support@cex.io for support. CEX.IO will never seek “remote access“ to your Account; if you are asked by anyone purporting to be from CEX.IO to supply access to your screen, immediately halt communications, change your password and contact Customer Services to advise us you may have been targeted by a scammer.

9.10. CEX.IO will aim to support any Account restrictions you wish to put in place from our “Additional Customer-Driven Security Options“. These may change from time to time, but include:

  • limit alerts
  • sending restrictions
  • two-factor authentication
  • pre-transaction
  • re-verification/advance advice; and other measures.

9.11. You agree that changes to your Account settings which reduce your security may require verification to ensure we are engaging with you as a legitimate User.

10. BIOMETRIC DATA

10.1. Consent to the Collection, Storage, Use, and Transmission of Biometric Data. When you create your Account, CEX.IO or its subcontractor may collect, store, use, and transmit Biometric Data solely for identity verification and fraud prevention purposes. By creating the Account, you authorize CEX.IO or its subcontractor to carry out these actions with your Biometric Data.

10.2. Disclosure of Biometric Data. CEX.IO will protect your biometric data from unauthorized disclosure using reasonable measures consistent with industry standards. CEX.IO will not disclose your Biometric Data to any person or entity other than our affiliates and subcontractors for the purposes specified in these Terms, unless (a) CEX.IO has obtained your written consent; (b) the Biometric Data must be disclosed to complete a financial transaction authorized by you or otherwise to provide you with any Services; (c) disclosure is required by state or federal law; or (d) disclosure is required pursuant to a valid warrant or subpoena.

10.3. CEX.IO will not sell, lease, or trade your biometric data.

10.4. Retention of Biometric Data and Destruction Schedule. CEX.IO will permanently destroy your Biometric Data when either (a) the initial purpose for collecting or obtaining such data has been satisfied or (b) the record retention rules have been satisfied.

11. ACCOUNT CREATION

11.1. USA Patriot Act Notification. As a licensed financial institution and Money Services Business in the United States, CEX.IO Corp. must comply with Section 326 of the USA PATRIOT ACT; which requires all financial institutions to obtain, verify, and record personal information that identifies each person who opens the Account. This federal requirement applies to all Users. This personal information is used to assist the United States government in the fight against the funding of terrorism and money-laundering activities. For further information regarding our use and storage of your personally identifying information, please refer to CEX.IO Corp.’s Privacy Policy.

11.2. In order to create an account, you must provide the required identification information pursuant to our Bank Secrecy Act (“BSA”) and Anti-Money Laundering (“AML”) Compliance Program (collectively, our “BSA/AML Program”).

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

11.4. You undertake to provide CEX.IO with correct and relevant documents and personal information. If a User provides counterfeit documents or false personal information, such behavior will be interpreted as fraudulent activity and reported to the relevant governmental authorities.

11.5. CEX.IO may conduct periodic reviews of the User account information as mandated by CEX.IO regulators. To ensure compliance with the applicable regulations, CEX.IO must represent that the personal information and account information used to compile the User customer profile is up to date and accurate.

11.6. You hereby authorize 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 information transferred will be limited to only the data that is strictly necessary and will only be transmitted with security measures in place to protect the data.

11.7. You agree, represent, and warrant that any Digital Assets deposited to your Account, as well as any Fiat currency used in connection with the Site, belong to you and are sourced lawfully. Furthermore, you affirm that all funds in your account, past or future, in your Account, are not the direct or indirect proceeds of any criminal or fraudulent activity.

11.8. CEX.IO has also the right to request you to provide additional verification documents even if you have already passed the verification process to ensure the effective implementation and enforcement of Bank Secrecy Act ('BSA') and KYC Policy and applicable regulatory requirements. If a User does not respond to such requirements in a timely manner CEX.IO has a right to limit its Services or to stop providing them until the requirements are met.

11.9. In order to use any of the Service(s), you must first register to use the Service(s) by providing your email and/or mobile phone number, full name, date of birth, residential address, government identification number, taxpayer identification number and other personal or company information to verify your identity along with affirming these Terms.

11.10. You are allowed to register only one Account on the Platform. Thus, any additional Account created by the same User may be suspended or closed.

11.11. You also agree that all actions conducted on your Account are recognized as those made on your behalf and at your own discretion.

11.12. You agree to provide us accurate and authentic information we request at registration and on an ongoing basis for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime, including without limitation a copy of your government issued photo ID, or evidence of residency such as a lease or utility bill. You further certify under penalty of perjury that all information provided by you is correct, accurate and authentic.

11.13. If any information provided by you changes, it is your obligation to provide to CEX.IO such updated information as soon as possible. We may, in our sole discretion, refuse to allow you to register to use the Service(s) or limit Users from registering multiple accounts. By registering an Account with CEX.IO, you agree and represent that you will use that Account only for yourself, and not on behalf of any third party, unless approved by CEX.IO. If you plan to use the Service(s) on behalf of a legal entity, such a legal entity shall register a corporate account with CEX.IO and you shall not use your individual account for business purposes.

12. GOVERNING LAW

12.1. Your conduct on the Site is subject to compliance with the following laws and regulations, but please note that this list is not exhaustive.

The Bank Secrecy Act of 1970 (“BSA”);

The USA PATRIOT Act of 2001 (“PATRIOT Act”);

Money Services Business (“MSB”) regulations under the Financial Crimes Enforcement Network (“FinCEN”);

Applicable state money transmission laws (“MTL”);

Applicable regulations and guidance set forth by FinCEN;

Applicable regulations and guidance set forth by Internal Revenue Service (“IRS”) and applicable state taxation authorities; and

Applicable regulations and guidance set forth by the Federal Trade Commission (“FTC”).

12.2. You agree and understand that by signing up and using CEX.IO's Services in any capacity, you agree to act with compliance, and are legally bound by these Terms, and all applicable laws and regulations.

13. PROHIBITED TRANSACTIONS

13.1. You must not use your CEX.IO Account to undertake any of the activities set out in this section (each a “Prohibited Activity”):

  • violation of any laws, statutes, ordinance or regulations;
  • undertaking, facilitating or supporting criminal activity of any kind, including but no limited to, money laundering, malicious hacking, terrorist financing, or proliferation of weapons of mass destruction;
  • human trafficking;
  • any goods or services that are illegal or the promotion, offer or marketing of which is illegal or that are offered in connection with illegal, obscene or pornographic content, depict children or minors in sexual postures, depict means of propaganda or signs of unconstitutional organizations glorifying war or violating human dignity;
  • intellectual property infringement;
  • 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;
  • transactions involving dark web networks (e.g. TOR, I2P and Freenet);
  • weapons or explosive materials;
  • any other illegal goods, services or transactions; and
  • any Market Manipulation. 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. 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.

13.2. Activities subject to the prior written approval of CEX.IO. Unless you have obtained the prior written approval of CEX.IO, you accept and agree that you will not use your CEX.IO Account to conduct or operate any of the following business activities or categories of activity:

  • money services, including but not limited to money or digital asset transmission, currency or digital asset exchange or dealing, payment service providers, e-money or any other financial services business;
  • charitable or religious / spiritual organizations;
  • consumer lending services, including but not limited to secured and unsecured loans, cash advances, payday lending; and
  • investment funds, asset management, or brokerage services.

13.3. We reserve the right to restrict, suspend or terminate your CEX.IO Account if we suspect, in our sole discretion, that you are using, or have used, your CEX.IO Account in association with any of the activities listed above, or any similar or related activity, without having obtained the prior written approval of CEX.IO.

14. GAMBLING POLICY

14.1. CEX.IO prohibits the use, facilitation, or movement of Funds on our Platform which contribute to illegal gambling. As such, you agree and acknowledge that CEX.IO has the right to:

  • conduct an investigation into the source or use of Funds in your Account, related to gambling;
  • suspend or Freeze your access to his Account or Funds in his Account, or
  • terminate your Account;
  • if we suspect, in our sole discretion, any such activity to be in violation of CEX.IO Gambling Policy.

14.2. CEX.IO uses a variety of applications to monitor for violations of our Gambling Policy. If CEX.IO suspects you may work or associate with any industry that is closely related, intertwined or in close proximity to gambling, we may, in our sole discretion, ask you to sign a Gambling Attestation, certifying that you will not use CEX.IO or any of our Services to facilitate any illegal gambling activities.

15. SANCTIONS AND EXPORT CONTROL

15.1. Your use of CEX.IO Services and the Site is subject to applicable requirements under export control laws and sanctions. By sending, receiving, buying, selling, converting, trading, or storing Digital Assets through any CEX.IO service, you agree that you will comply with all applicable laws. By using CEX.IO services, you agree and warrant that you are not an individual or entity that is the subject or target of any sanctions and that you are not:

  • an entity directly or indirectly owned or controlled by any person located, organized or resident in a sanctioned jurisdiction or any person listed on the Sectoral Sanctions Identifications List (“SDN List”) list or other similar lists maintained by a any other relevant government authority;
  • named in any sanctions-related list maintained by the U.S. Department of State, the U.S. Department of Commerce, or the U.S. Department of the Treasury, including the Office of Foreign Assets Control’s Specially Designated Nationals and Blocked Persons List, the SDN List or any similar list maintained by any other relevant governmental authority;
  • organized, or resident in a sanctioned jurisdiction (currently, Crimea, Donetsk, Luhansk, Cuba, Iran, North Korea, and Syria).

15.2. You are not permitted to use any of our Services if: (1) we are prohibited from providing Services to you under any applicable laws and regulations, including but not limited to applicable Sanctions; or (2) you intend to transact or deal with any Sanctioned Person, or otherwise transact or deal with any person in violation of Sanctions.

16. ACCOUNT INVESTIGATIONS

16.1. You agree and acknowledge that based on CEX.IO's regulatory obligations, CEX.IO has a duty to investigate any activity that may be unusual, suspicious, and/or in furtherance of an attempted violation of applicable law or CEX.IO Policy.

16.2. During the course of CEX.IO Corp.’s account investigation, CEX.IO may: (1) Freeze a User Account and all Accounts beneficially owned by you and any members of such User’s household, or for which you are a representative or authorized signatory and, in the case of entities, any affiliate; (2) Freeze any Funds or assets in the Account while the investigation is being conducted; (3) Suspend your access to CEX.IO Services or any affiliated CEX.IO Platforms, until a determination has been made, if we suspect, in our sole discretion, you and/or any related accounts under common control to be in violation of: (i) any provision of these Terms of Use; (ii) the BSA/AML Program; (iii) any applicable laws or regulations by any of CEX.IO's regulators; (iv) any of CEX.IO's applicable Policies as incorporated by reference herein.

16.3. You further agree and understand that until a final determination or conclusion of the account investigation occurs, CEX.IO may Freeze or suspend your Account, including but not limited to, under the following scenarios:

  • You and/or your Account are subject to any pending litigation, investigation, or governmental proceeding.
  • You and/or your Account are being investigated by a regulatory authority, subject to a court order, facially valid subpoena, or binding order of a government authority.
  • Your Account has a negative balance for any reason.
  • We believe an unauthorized person is attempting to access your Account.
  • There is unusual or suspicious activity on the Account.
  • Your Account has been accessed from a sanctioned jurisdiction or a jurisdiction CEX.IO is not authorized to operate.

17. GENERAL OBLIGATIONS

17.1. Payment Methods. Our services allow for a variety of convenient payment options, including but not limited to Apple Pay, Google Pay, credit card and debit card. You must own the payment method. Upon receipt of your instructions to purchase Digital Assets, CEX.IO can not cancel this purchase. You cannot withdraw your consent to that purchase.

17.2. By agreeing to use the Site’s services, you understand and accept that processing of any of your payments is 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.

The 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 authorization of the payment with your payment card. The 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 Site by using your payment card. When you pay for any of the Site’s goods and/or services, you are primarily bound by the Site’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 Site and for any additional expenses/fees that can be applied to this payment. The payment service provider acts only as the executor of the payment in the amount stated by the Site, and it is not responsible for pricing, total prices, and/or total sums.

17.3. Transaction Limits. Please be aware that the utilization of our Services is subject to transaction limits, which are defined in U.S. Dollar terms and apply over a specific period (e.g., daily). To access and review your current transaction limits, kindly log in to your CEX.IO and visit CEX.IO’s Limits and Commissions webpage. These transaction limits may vary based on the chosen payment method, completed verification steps, and other relevant factors. If you desire to increase your transaction limits beyond the preset amounts, you have the option to submit a request through support@cex.io. However, it is essential to note that CEX.IO reserves the right to modify applicable limits and may choose not to raise them based on our sole discretion, as we deem necessary.

17.4. Unauthorized and Incorrect Transactions. If you become aware of any suspicious or unauthorized use of your account(s) or login credentials, please notify us immediately at support@cex.io. Reporting an unauthorized transaction does not guarantee CEX.IO will be able to reverse the transaction or reimburse you for the transaction.

17.5. Should a User receive an amount exceeding the withdrawal amount requested by the User pursuant to the Platform’s technical problem/error/glitch, the User undertakes to immediately notify CEX.IO and to return the excess amount to the User’s CEX.IO Account. In such instances, the User agrees that CEX.IO has a right to unilaterally withdraw this excess amount from the User’s CEX.IO Account without notification. Should CEX.IO become aware of such Platform’s technical problem/error/glitch and that the User has received the amount exceeding the requested withdrawal amount, the User acknowledges and agrees that CEX.IO has a right to switch off withdrawals on the User’s CEX.IO Account. When CEX.IO became aware of such Platform’s technical problem/error/glitch and requested the User to return the excess amount to his CEX.IO Account, but the User does not return the requested Funds within 60 (sixty) calendar days, CEX.IO reserves the right to unilaterally sell the User’s Cryptocurrency that it has in its CEX.IO Account in the necessary proportional amount at any moment thereafter by market order and to use the proceeds to set off the debt that the User owes to CEX.IO.CEX.IO has a right to claim the full cover of the exceeding amount using all available legal options, including by selling a User’s Cryptocurrency.

17.6. Insufficient Balances. If you choose to use a card (e.g. credit or debit card) for purchasing Digital Assets, you acknowledge and agree that you will not initiate a chargeback unless it is for unauthorized use of the debit card or as explicitly allowed by applicable law. A chargeback is a process where a credit or debit cardholder disputes a transaction, leading to a potential reversal of the transaction and return of funds to the cardholder's account. This can occur in cases of unauthorized, fraudulent, or unsatisfactory transactions. In such cases, we will fully cooperate to resolve any legitimate disputes. We will not issue refunds for any purpose other than as otherwise permitted by law, and this includes instances of insufficient balances in the debit card account. By proceeding with the purchase, you confirm your understanding and acceptance of these terms.

17.7. Deposits, Withdrawals and Double Spending. You will only withdraw any Digital Assets from your Account to wallets you own (custodial and non-custodial). Under no circumstance will you send payments to third parties or receive payments from third parties. CEX.IO shall incur no liability for payments made to third parties or accounts which don’t belong to you.

17.8. Transactions. CEX.IO allows you to submit Orders to buy or sell Digital Assets. You recognize that an Order should only be submitted after careful consideration and conducting your own research. You agree 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 buyer and the seller and will be considered to have taken place at the execution date and time.

17.9. You are responsible for properly checking and filling in all Transaction details during the Deposit or the Withdrawal of Digital Asset or Fiat.

17.10. You acknowledge and agree that if Transaction details are not specified or are incorrectly indicated within the Transaction the User may lose his/her funds.

17.11. Minimum and maximum Order amounts may vary for each trading pair and can be seen on the trade page when placing an Order.

17.12. You also acknowledge and agree that Deposit and Withdrawal transactions in Fiat currency may be delayed due to some bank verifications and checks. Similarly, and due to the inherent nature of the Digital Asset networks, depositing and withdrawing Digital Asset into/from your Account may take some time.

17.13. Unverified Users are not allowed to withdraw any Digital Asset from their Account within forty-eight (48) hours after the Account was created.

17.14. If the User discovers transaction unusual 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 the investigation.

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

17.16. The minimum Deposit amount for Ethereum (ETH) is 0.001, for other Cryptocurrencies, such as Bitcoin (BTC), Bitcoin Cash (BCH), 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.

17.17. CEX.IO has not supported the old type of ETH address since the 1st day of August 2018. You acknowledge and agree that any Deposits sent to the old type of CEX.IO ETH address cannot be recovered and you may lose his/her funds.

17.18. CEX.IO reserves the right but not an obligation at the User’s request to recover in certain situations incorrectly sent by the User to its CEX.IO account Cryptocurrency Deposit. Detailed process and all conditions of such recovery together with the Application Form are available here.

17.19. The User acknowledges and agrees that the attempt to recover the incorrectly sent Cryptocurrency Deposit incurs a non-refundable fee of 10% from the Cryptocurrency Deposit amount, but not less than 100 (one hundred) USD in your Deposit Cryptocurrency equivalent. This fee will be calculated from the original amount of the User’s Deposit and charged in the Deposits Cryptocurrency.

17.20. The User agrees that the CEX.IO team can start the Cryptocurrency Deposit recovery process only if the User has a sufficient amount of funds on its Account to cover this Cryptocurrency recovery fee.

17.21. The User acknowledges and agrees that this recovery fee will be charged regardless of the recovery outcome as the CEX.IO team uses significant resources to investigate the case, develop, and implement technical solutions.

17.22. The User acknowledges and agrees that the decision to recover a Cryptocurrency Deposit incorrectly sent by the User remains fully at the sole discretion of the CEX.IO team, as it will investigate every case and estimate whether or not it can attempt to recover these funds.

17.23. CEX.IO also reserves the right but not an obligation at the User’s request to recover in certain situations incorrectly sent by the User Fiat Withdrawals in a case when: a) the User made a mistake in bank details or b) the beneficiary's bank is in a high-risk area. Detailed process and all conditions of such recovery together with the Application Form are available here.

17.24. The User acknowledges and agrees that the attempt to recover the incorrectly sent Fiat Withdrawals incurs a non-refundable fee in the amount of 50 (fifty) USD.

17.25. The User agrees that the CEX.IO team can start recovering Fiat incorrectly sent by the User only in instances where the User has the sufficient amount of funds on its Account to cover this fiat recovery fee.

17.26. During the internal Users migration between CEX.IO companies process or system upgrades, CEX.IO reserves the right to implement the following temporary restrictions without prior notice:

  • Suspension of User internal transfers within CEX.IO products: CEX.IO may temporarily suspend User’s internal transfers within CEX.IO products to maintain the integrity, safety and accuracy of User’s funds during the migration process.
  • Suspension of creation of new User Orders: CEX.IO may temporarily suspend Users’ ability to create new Orders to maintain stability and consistency in the order book.
  • Cancellation of open User Orders: All or some part of open User Orders may be canceled during the migration process to prevent conflicts with system upgrades and ensure a seamless transition.
  • Internal transfers: within the internal Users migration CEX.IO can transfer Users funds within CEX.IO’s products to maintain the integrity of User’s balances during the migration. The User agrees that within such internal transfers the Rounding Policies may apply.

17.27. These restrictions are implemented to safeguard User assets and to facilitate the successful completion of the migration process. CEX.IO will make reasonable efforts to minimize downtime and disruptions to Users' trading activities. Users are encouraged to review CEX.IO's announcements for updates and timelines related to migration and system upgrades.

18. ACCOUNT CLOSURE

18.1. At any time, you may provide written notice requesting that his Account be closed. Any User seeking Account closure will receive written confirmation by CEX.IO affirming such a request; however, account closure will not end any open investigation into a User's Account or prevent the reporting of any suspicious activity to the relevant governmental authorities.

18.2. You agree and understand that closing the Account will not affect any rights and obligations incurred prior to the date of the Account closure. You may be required to either cancel or complete all open orders and, in accordance with the provisions of these Terms of Use, provide transfer instructions indicating where to transfer any Fiat currency and/or Digital Assets remaining in your Account. You are responsible for any fees, costs, expenses, charges, or obligations (including, but not limited to, attorney and court fees or transfer costs of USD currency or Digital Assets) associated with the closing of your Account. In the event that the costs of closing of your account exceed the value in your Account, you will be responsible for reimbursing CEX.IO. You may not close any of his Accounts to avoid paying any fees incurred or to avoid any examination related to CEX.IO Corp.’s BSA/AML Policy.

18.3. You agree and acknowledge that if your Account is determined, in CEX.IO’s sole discretion, to have breached the Terms of Use, CEX.IO reserves the right to debit from all related accounts: (i) the value of any trading fee discounts, fee rebates or incentives that were conferred over the period of time looking back to the initial breach of the Terms of Use; and (ii) any damages suffered by CEX.IO as a result of your violation of the Terms of Use. You further agree and acknowledge that if CEX.IO determines in our sole discretion that you have coordinated, colluded, or conspired with any other User on the Platform to commit Market Manipulation, you will be jointly and severally liable for the entire value of all of the: (i) value of any trading fee discounts, fee rebates or incentives that were conferred over the period of time looking back to the initial breach of the Terms of Use; (ii) any damages suffered by CEX.IO as a result of your violation of the Terms of Use. CEX.IO reserves the right to deduct such amounts related to these violations directly from all related accounts.

19. TERMINATION OF TERMS

19.1. You may terminate the Terms by closing your Account at any time, following settlement of any pending transactions.

19.2. You also agree that CEX.IO may, by giving notice, at its sole discretion terminate your access to the Site and to your Account, including without limitation, our right to: limit, suspend or terminate the Service and your Account, prohibit access to the Site and its content, Services, and tools, delay or remove hosted content and take technical and legal steps to keep you 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 yours 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 the 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.

19.3. CEX.IO also reserves the right to cancel unverified 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. You agree that CEX.IO will not be liable to them or to any third party for termination of their Account or access to the Site.

19.4. The suspension of the Account shall not affect the payment of the Transaction fees due for past Transactions. Upon termination, you shall provide valid bank account details or Digital Assets address to allow the transfer of any currencies deposited to your Account. CEX.IO shall transfer the currencies as soon as possible following your request in the time frames specified by CEX.IO.

19.5. CEX.IO will send the credit balance of your 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 you prior to sending the payment; however, where they cannot be avoided, you acknowledge that these charges cannot always be calculated in advance and that he/she agrees to be responsible for such charges.

19.6. CEX.IO may terminate this agreement immediately if you:

became, or is likely to become, insolvent or are declared bankrupt;

is in breach of any provision of the Terms of Use;

your use of the Service or the Site is disruptive to our other Users, or you does anything which, in our opinion, is likely to bring us into disrepute;

breach or attempt to breach the security of the Site (including but not limited to: modifying or attempting to modify any information; unauthorized log-ins, unauthorized data access or deletion; interfering with the Service, system, host or network; reverse engineering of any kind; spamming; hacking; falsifying data; introducing viruses, Trojan horses, worms or other destructive or damaging programs or engines; or testing security in any way).

20. UNCLAIMED FUNDS

20.1. If your Account remains closed or dormant for a long enough period of time, CEX.IO may be required to report any remaining Funds in your Account as unclaimed property in accordance with abandoned property and escheatment laws applicable in your state of residence. CEX.IO will make all reasonable efforts to provide written notice to you, utilizing the contact information you shared with CEX.IO. CEX.IO reserves the right to deduct a dormancy fee or other administrative fee from such unclaimed funds as permitted and/or required by applicable state law.

21. DIGITAL ASSETS AVAILABILITY

21.1. In our sole and absolute discretion, CEX.IO may remove one or more Digital Assets from the Site. This may occur for several different reasons, such as increased legal, market or regulatory risk. When Digital Assets are removed from our Site (referred as “delistings”), you will no longer be able to access such Digital Assets as part of our services and will no longer be able to maintain balances in such Digital Assets or make any deposits or withdrawals.

21.2. You hereby acknowledge and consent to our ability to take such delisting actions, including, without limitations, to cancel your outstanding Orders with respect to delisted Digital Assets and require you to remove delisted Digital Assets within a reasonable period of time, beyond which you will no longer be able to access the delisted Digital Assets.

21.3. Indemnified Persons shall not be liable for any direct or indirect losses (including loss of profits, business, or opportunities), damages or expenses suffered by you or any other person or entity as a result of any act or omission by Indemnified Persons in accordance with these Terms.

21.4. You understand that CEX.IO does not own or control the underlying software protocols of Digital Assets networks that govern the operation of Digital Assets. In general, the underlying protocols are open source, and available to anyone who can use, copy, modify, and distribute them. You agree and understand that: (i) CEX.IO is not responsible for the operation of the underlying protocols, and (ii) CEX.IO makes no guarantees regarding their security, functionality, or availability. CEX.IO may choose to support or delist Digital Assets in its sole discretion.

21.5. All Digital Assets that are unsupported by CEX.IO but operate on the underlying protocol of any of the supported digital assets will not be covered by CEX.IO.

22. DIGITAL ASSETS TITLE AND CUSTODY

22.1. We may utilize a third-party custodial service. Except as otherwise specifically provided in these Terms, all Digital Assets held in your CEX.IO Wallet are custodial assets held by CEX.IO for your benefit, as described in further detail below. Title to your Digital Assets shall at all times remain with you and shall not transfer to CEX.IO. All interests in Digital Assets we hold for CEX.IO Wallets are held for customers, are not property of CEX.IO, and are not subject to claims of our creditors.

22.2. As owner of the Digital Assets in your CEX.IO Wallet, you shall bear all risk of loss of such Digital Assets. CEX.IO shall have no liability for Supported Digital Asset fluctuations or loss. None of the Supported Digital Assets in your Digital Asset Wallet are the property of, or shall or may be loaned to, CEX.IO; CEX.IO does not represent or treat assets in User’s Digital Assets as belonging to CEX.IO. CEX.IO may not grant a security interest in the Digital Assets held in your Digital Asset Wallet.

22.3. Notwithstanding the foregoing and anything to the contrary in these Terms, all such assets are subject to CEX.IO’s recovery rights as set forth in the Terms. This section does not abridge, modify, invalidate, supersede, or extinguish any of CEX.IO’s rights described elsewhere in these Terms.

22.4. CEX.IO does not make any representation as to the likely treatment of the assets in your Digital Asset Wallets in the event that you, CEX.IO, or any third-party custodial service we may use becomes subject to an insolvency proceeding whether in the U.S. or in any other jurisdiction. You explicitly understand and acknowledge that the treatment of such assets in the event of such an insolvency proceeding is unsettled, not guaranteed, and may result in a number of outcomes that are impossible to predict, including but not limited to the total loss of any and all such assets.

23. OPERATION OF DIGITAL ASSET PROTOCOLS

23.1. The underlying software protocols governing the operation of Digital Assets are not owned or controlled by CEX.IO. We assume no responsibility for the operation of the underlying protocols, which are generally open source, allowing anyone to use, copy, modify, and distribute them, and we do not guarantee the functionality or security of network operations. You agree and understand that the underlying protocols of supported Digital Assets are subject to changes in the protocol operating rules. Such an event may lead to a “Fork” whereby the network protocol may disagree on the proposed change in protocol, thereby resulting in only part of the network adopting the new protocol with the result that the network will bifurcate into different blockchains with one adopting the new protocol and the other rejecting the proposed protocol. Although each potential Fork is different, it may result in more than one version of the blockchain or Digital Assets following the Fork. You further agree and understand that Forks may substantially affect the value, function, and transaction speed of the Digital Assets you hold at CEX.IO. CEX.IO will use reasonable discretion to determine which Forked blockchain is supported by the greatest number of miners and users, and to determine which Forked blockchain may be supported. CEX.IO has no control over the timing and features of Forks. It is your responsibility to stay informed about upcoming changes and thoroughly assess publicly available information, as well as any details provided by CEX.IO, before deciding whether to continue using a CEX.IO Account for the affected Digital Asset.

23.2. In the event of a Fork, you agree and understand that CEX.IO reserves the right to temporarily suspend the operations of the affected network protocols, while we determine, in our sole discretion, which, if any, Forked blockchain to support. As each Fork is different, you agree and understand that the determination made by CEX.IO in regard to the Forked blockchain is under no time constraints or deadlines, and our determination to support, or not support, a Fork may be changed at our sole discretion. Under certain circumstances, if a Fork is not supported, the Digital Assets resulting from the unsupported blockchain may become the property of CEX.IO. You agree and acknowledge that prior to any Fork, you have the right to withdraw your Digital Assets and retain the unsupported blockchain at your own discretion, bearing the sole responsibility for any risks incurred.

23.3. By using CEX.IO services, you acknowledge and accept the risks associated with operating changes to Digital Asset protocols. CEX.IO is not liable for any loss of value you may experience due to such changes. You also acknowledge that CEX.IO has the sole discretion to determine its response to any Fork and is not obligated to support unsupported digital assets or protocols. Furthermore, CEX.IO has no responsibility to support new Forks.

24. DEATH OF ACCOUNT HOLDER

24.1. You agree that in the event of your death, the representative(s) of your estate or the survivor or survivors shall give CEX.IO written notice thereof as soon as practicable. If CEX.IO receives legal documentation or has reason to believe you have died, CEX.IO will Freeze your account.

24.2. Your account will be frozen until a representative of your estate or authorized beneficiary, (1) opens a CEX.IO Account (if located in a state we serve) or (2) instructs us to liquidate the assets of the Account less any fees and costs associated with the transfer and we will transfer via wire or ACH.

24.3. Our ability to provide your representative(s) with the assets in your Account is subject to the restrictions imposed by law, regulation, court orders, technical capabilities, best practices, and these Terms.

25. RECOURSE FOR BREACH OF THE TERM OF USE

25.1. The User agrees and acknowledges, if the User’s Account, and any related Account under common control, is determined, in CEX.IO’s sole discretion, to have breached the Terms of Use, CEX.IO reserves the right to debit from all related accounts: (i) the value of any trading fee discounts, fee rebates or incentives that were conferred over the period of time looking back to the initial breach of the Terms; and (ii) any damages suffered by CEX.IO as a result of the User’s violation of the Terms of Use.

25.2. The User further agrees and acknowledges that if CEX.IO determines in our sole discretion that the User has coordinated, colluded, or conspired with any other User on the Platform to commit Market Manipulation actions which specifically includes, without limitation: front-running, wash trading, spoofing, layering, churning, and quote stuffing, the User and the associated Users will be jointly and severally liable for the entire value of all of the: (i) value of any trading fee discounts, fee rebates or incentives that were conferred over the period of time looking back to the initial breach of the Terms of Use; (ii) any damages suffered by CEX.IO as a result of your violation of the Terms of Use. CEX.IO reserves the right to deduct such amounts related to these violations directly from all related accounts.

26. SERVICES AVAILABILITY

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

26.2. 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 you 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.

26.3. CEX.IO will use reasonable endeavors to ensure that you 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 you a notice. You acknowledge that this may not be possible in an emergency. You may always check the status of CEX.IO at any time. CEX.IO is not liable or responsible for any damages incurred by you as a result of maintenance or downtime.

27. API, WIDGETS, AND MOBILE APPLICATIONS

27.1. API requests limit is determined on a case-by-case basis by the respective separate contracts. If this limit is exceeded, it may result in a 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.

27.2. You may share API data with any third-party (e.g. developers, agencies, vendors, approved partners, or other Users, etc.) by sharing the unique API Key(s) and the API documentation (hereinafter - APIs) issued to you for purposes of the CEX.IO API Trading Partnership Program.

27.3. If you share your APIs, you agree and acknowledge that you are solely responsible for familiarization and abidance by these Terms of Use by third parties. Third-party is obliged not to use the API to send spam or take any actions that violate CEX.IO’s Terms of Use and should comply with all applicable laws (including privacy laws and regulations and economic sanctions laws and regulations).

27.4. As a general rule, CEX.IO will not tolerate any use of CEX.IO API service, which is illegal, damages or is likely to damage CEX.IO’s reputation, the availability or integrity of CEX.IO’s API service or which causes us or threatens to cause us to incur any legal, tax, regulatory or any other liability.

27.5. You agree and understand that you specifically disclaim any liability or responsibility of CEX.IO for the management, maintenance, and/or security of your API Key(s).

27.6. Furthermore, you will indemnify and hold harmless CEX.IO from and against any claims brought related to your breach of these Terms of Use in connection with the use of the APIs or the use of the APIs by any third party that you have given access to the APIs.

27.7. You are obliged not to use the APIs to take any actions that violate these Terms of use and other documentation which CEX.IO provides. You oblige not to attempt to hack or change the CEX.IO API Trading Partnership Program or API technology. CEX.IO may throttle your use of the APIs at any time. CEX.IO may monitor your use of the APIs for compliance with these rules. CEX.IO may deny access to the APIs to any third party if this third party tries to go around or exceed the limitations CEX.IO set or breaches CEX.IO’s Terms of Use or any other Policy.

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

27.9. CEX.IO may provide applications , which can be used to get access to the Account. The use of these applications is subject to these Terms of Use.

28. DISPUTE RESOLUTION

28.1. The Terms shall be interested and construed in accordance with the laws of the State of Delaware, without regard to the conflicts of laws principles thereof.

29. INTELLECTUAL PROPERTY

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

29.2. 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.

29.3. 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 legal@cex.io.

30. LIMITATION OF LIABILITY

30.1. IN NO EVENT SHALL CEX.IO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) 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 YOUR 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, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL CEX.IO’S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU 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 THESE TERMS OF USE OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

30.2. TO THE EXTENT PERMITTED BY APPLICABLE LAW, CEX.IO CATEGORICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT. CEX.IO DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SITE, OR ACCESS TO ANY OF OUR SERVICES, OR ANY OF THE MATERIALS CONTAINED HEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR WITHOUT ERROR.

30.3. IF YOU ARE A NEW JERSEY RESIDENT, THE PROVISIONS OF THIS SECTION (DISCLAIMER OF LIABILITY) ARE INTENDED TO APPLY ONLY TO THE EXTENT PERMITTED UNDER NEW JERSEY LAW.

30.4. IF THIS LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES SECTION CONFLICTS WITH ANY OTHER SECTION OF THIS TERMS OF USE, THIS LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES SECTION SUPERSEDES THE OTHER SECTION.

31. INDEMNITY

31.1. You agree 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) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of the Terms of Use or the Policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or another proprietary right. The indemnification obligations under this section shall survive any termination or expiration of the Terms of Use or your use of this Site or the Services found on this Site.

32. NO SOLICITATION

32.1. None of the representations made by CEX.IO herein constitute an offer to buy or sell or a solicitation of an offer to buy or sell investments, loans, securities, partnership interests, commodities, or any other financial instruments of any kind. CEX.IO makes no representation or warranty, express or implied, to the extent not prohibited by applicable law, regarding the advisability of investing in securities, funds, partnership interests, or other investments of any kind.

32.2. Any of the content on any of the CEX.IO’s Sites or mobile applications do not necessarily reflect the views of CEX.IO as a whole, its directors, officers, employees, shareholders, or any part or member thereof. No information contained on the CEX.IO Site constitutes or should be construed as, investment, tax, legal, financial, or any other advice.

33. FORCE MAJEURE

33.1. 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 (including but not limited to any act of war), change of law, or a change in sanctions policy, CEX.IO will not have any responsibility to you with respect to the Services provided hereunder and for a time period coincident with the event.

34. SEVERABILITY

34.1. If any provision of these Terms of Use shall be determined to be invalid or unenforceable under any rule, law, or regulation of any local, state, or federal government agency, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of these Terms of Use shall not be affected.

35. CHANGE OF CONTROL

35.1. In the event that CEX.IO is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control. For more information, please refer to CEX.IO Privacy Policy.

36. ENTIRE AGREEMENT

36.1. You unequivocally agree and understand that these Terms collectively memorialize the relationship and agreement by and among you and CEX.IO. These Terms entered into by you and CEX.IO, supersedes all prior discussions, agreements, or correspondence of any kind.

37. NON-WAIVER OF RIGHTS

37.1. These Terms shall not be construed to waive rights that cannot be waived under applicable state money transmission laws in the state where you are located. CEX.IO’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of CEX.IO. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

38. ELECTRONIC TRANSMISSION

38.1. These Terms, and any amendments hereto, by whatever means accepted, shall be treated in all manner and respects as an original contract and shall be considered to have the same binding legal effect as if it were an original signed version thereof, delivered in person. Neither party hereto shall argue that a contract was not formed hereunder based on either (i) the use of electronic means to deliver a signature or to indicate acceptance of this Agreement or (ii) the fact that any signature or acceptance of this Agreement was transmitted or communicated through electronic means; and each party forever waives any related defense.

39. E-SIGN DISCLOSURE AND CONSENT

39.1. CEX.IO is required to provide you with certain disclosures and information about the use of electronic records and electronic signatures including the electronic delivery of communications, agreements, terms (e.g. Privacy Policy) documents, receipts, notices, and all legal and regulatory disclosures (collectively, “Communications”)

39.2. Consent to Electronic Delivery - You agree and consent to receive electronically all Communications that CEX.IO and its third party service providers provide in connection with these Terms, your Transactions, your CEX.IO Account, or any Services.

39.3. Hardware and Software Requirements - In order to access and retain electronic Communications, you will need a computer or other device with an Internet connection that has a current web browser with cookies enabled and 256-bit encryption (e.g. Internet Explorer version 9.0 and above, Firefox version 3.6 and above, Chrome version 31.0 and above, or Safari 7.0 and above) with cookies enabled. You will also need to have a valid email address on file with CEX.IO and sufficient storage space to save past Communications or an installed printer to print them.

39.4. Withdrawal of Consent - You may withdraw your consent to receive electronic Communications by sending a withdrawal notice to support@cex.io. If you decline or withdraw consent to receive electronic Communications, CEX.IO may suspend or terminate your use of the Services.

39.5. Updating Contact Information - You must provide us with a true, accurate and complete email address and your contact information, and keep such information up to date. You understand and agree that if CEX.IO sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, CEX.IO will be deemed to have provided the Communication to you. You may update your information by logging into your account and updating your profile or by contacting us at support@cex.io.

40. PROMOTIONS

40.1. CEX.IO may host referral programs, giveaways, sweepstakes and other marketing activities (collectively, “Promotions”) from time to time. These Promotions will have their own separate terms of use and in some cases additional privacy policies, which will govern the specific rules, eligibility criteria, and conditions associated with each Promotions. By participating in any future Promotions, users agree to abide by the corresponding terms of use provided at the time of the promotion. Sometimes CEX.IO utilizes third parties to administer these Promotions. It is important to review and understand the specific terms and conditions, as well as additional privacy policies (if applicable), of each Promotion before entering or participating.

41. WEBSITE ACCURACY AND THIRD-PARTY WEBSITES

41.1. At CEX.IO, we endeavor to present accurate and up-to-date information on our website. However, the CEX.IO Site (including its Content) may not always be entirely free from inaccuracies, omissions, or technical errors. We strive to maintain the utmost accuracy, and as part of this commitment, information on the website, including but not limited to policies, products, and services, may be subject to change or updates without prior notice.

41.2. While we make every effort to provide you with comprehensive and reliable information, we encourage you to independently verify the details before making any decisions based on the information found on the CEX.IO Site. Your reliance on the content of our website is solely at your own discretion, and CEX.IO disclaims any liability for decisions made based on such information.

41.3. Please note that historical price and supply data for Digital Assets provided by third parties on our website are for informational purposes only. CEX.IO does not make any representations or warranties regarding the accuracy of such third-party information.

41.4. 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 Your use of any third-party website. Accordingly, CEX.IO encourages you to be aware when you leave 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.

42. CUSTOMER FEEDBACK, QUESTIONS AND COMPLAINTS

42.1. If you have any feedback, questions or complaints please contact us via email at support@cex.io. We will make every reasonable effort to resolve your complaint within a reasonable period of time and in any event in no longer than sixty (60) calendar days from the time we receive your complaint, depending on the complexity and seriousness of your complaint. If you are not satisfied with our handling of a complaint or anything, please contact your state regulator. Please see our Licenses and Registrations website for additional information.

43. MODIFICATIONS AND AMENDMENTS

43.1. 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.

44. ARBITRATION AGREEMENT

44.1. Applicability. Any claim (as defined below) arising out of or relating to these Terms, and any usage of our Services or Site, shall be exclusively resolved through binding arbitration. The arbitration shall be conducted in the county in which you reside or another mutually agreeable location, including remotely via video conference, administered by National Arbitration and Mediation (”NAM”), rather than in court.

44.2. Claim. “Claim“ is defined as any assertion, demand, controversy, dispute, cause of action, or legal right (whether in contract, tort, or otherwise) that arises or may arise, whether past, present, or future. The term “Claim“ is to be interpreted in the broadest possible sense and includes, but is not limited to, claims, disputes, or controversies arising from or related to:

  • Your use of CEX.IO’s services and products;
  • Provisions of, changes to, or additions to the Terms or any other related agreements;
  • Your obligations arising from your use of CEX.IO’s services and products;
  • Advertisements, promotions, or oral or written statements related to the Terms or any transactions between you and CEX.IO pursuant to this agreement;
  • Disputes between you and CEX.IO or its wholly or majority owned subsidiaries, affiliates, predecessors, successors, assigns, agents, contractors, employees, officers, directors, or representatives arising from any transaction related to the Terms of Use;
  • Disputes regarding the validity, enforceability, or scope of the Terms or any other related agreements;
  • Any aspect of the Terms of Use or its application.

44.3. Waiver of Jury Trial, Class Actions and Class Arbitrations. Both parties waive their right to pursue claims in court, including the right to participate in class actions or class arbitration. Any dispute, claim, or controversy arising out of or relating to this agreement, including its validity, interpretation, enforceability, or breach, shall be resolved through arbitration on an individual basis. The arbitrator shall have no authority to consolidate or join the claims of other parties or conduct any form of class arbitration. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court having jurisdiction. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court having jurisdiction thereof.

44.4. Pre-Arbitration Dispute Resolution. CEX.IO is committed to resolving disputes in a fair and efficient manner. We believe that most concerns can be resolved satisfactorily by reaching out to our support team at support@cex.io. If, despite these efforts, an issue remains unresolved, before initiating arbitration, the party seeking arbitration must first send a written Notice of Dispute (“Notice“) to the other party by certified mail. The Notice should be sent to the following address: 900 E. Diehl, Suite 110, Naperville, IL 60563, USA.

44.5. The Notice must include the following:

  • A clear description of the nature and basis of the Claim or dispute; and
  • A statement outlining the specific relief sought to resolve the matter.

44.6. Upon receipt of the Notice, both parties shall work diligently to resolve the Claim within a period of sixty (60) days. If the Claim remains unresolved after this period, either party may proceed with arbitration.

44.7. Throughout the arbitration process, any settlement offers made by either party will remain confidential and will not be disclosed to the arbitrator until after the arbitrator determines the appropriate amount, if any, to which either party is entitled. This approach ensures that the arbitrator's decision is not influenced by prior settlement offers and promotes a fair and impartial resolution.

44.8. Please note that initiating this pre-arbitration dispute resolution process is a prerequisite to commencing arbitration, and failure to comply with this procedure may result in a delay or dismissal of the arbitration claim.

44.9. We encourage you to engage in good faith efforts to resolve disputes through this pre-arbitration procedure, as we believe it offers a viable and constructive approach to reaching a resolution.

44.10. Rules and Forum. This arbitration agreement evidences that our transaction involves interstate commerce, and the interpretation, enforcement, and proceedings of this provision shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA“). The parties intend to abide by the FAA's provisions for all aspects, including the interpretation, implementation, enforcement, and administration of this arbitration provision, and the FAA shall take precedence over any conflicting state laws to the maximum extent allowed by law. The arbitration shall be conducted under the administration of the American Arbitration Association (“AAA“) and in accordance with their Consumer Arbitration Rules (the “AAA Rules“), as currently in effect, unless otherwise modified by the provisions of this Arbitration Agreement. The AAA Rules can be accessed here.

44.11. Arbitrator Selection and Authority. In the event of any dispute subject to arbitration, the arbitration shall be conducted in accordance with the prevailing rules and procedures of a reputable arbitration organization, such as the National Arbitration and Mediation (NAM) Rules, including the Comprehensive Dispute Resolution Rules and Procedures and/or the Supplemental Rules for Mass Arbitration Filings, as applicable (“Arbitration Organization Rules“).

44.12. The arbitrator shall be chosen from the roster of consumer dispute arbitrators provided by the selected arbitration organization, such as the American Arbitration Association (“AAA“) or an attorney licensed to practice law in the State of Delaware, agreed upon by the parties. If the parties are unable to reach an agreement within thirty-five (35) business days of the arbitration request, the arbitration organization shall appoint the arbitrator in accordance with its rules, subject to the provisions under the subsection entitled “Batch Arbitration“ (if applicable).

44.13. Confidentiality. Both parties, CEX.IO and the User, hereby agree to maintain the strict confidentiality of all materials and documents exchanged during the arbitration proceedings. Unless required by law or with the express written consent of both parties, such materials and documents shall not be disclosed to any third party, except for the parties' attorneys, accountants, or business advisors, subject to the condition that they, too, agree to keep all materials and documents exchanged during the arbitration proceedings confidential.

44.14. Attorney Fees and Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees“) shall be governed by the rules and procedures of the American Arbitration Association (AAA), unless otherwise provided in this section. The party initiating the arbitration shall be responsible for paying the filing fee.

44.15. If you seek a waiver of the initial filing fee or any other fees incurred in arbitration, you may do so by demonstrating to the arbitrator that the costs of arbitration would be prohibitively higher than the costs of litigation. In such cases, CEX.IO agrees to pay, to the extent deemed necessary by the arbitrator, a portion of the Arbitration Fees to prevent the arbitration from being cost-prohibitive for you when compared to the costs of litigation.

44.16. Any award of attorneys' fees incurred in connection with the arbitration shall be governed by the rules of the AAA. The allocation of attorney's fees, as well as the determination of the prevailing party, shall be made by the arbitrator and included in the final award. The prevailing party shall be entitled to recover reasonable attorney's fees and costs incurred in connection with the arbitration, in addition to any other relief granted in the arbitration.

44.17. Batch Arbitration. In the interest of efficiency and streamlined resolution, you and CEX.IO agree that in the event of one hundred (100) or more individual requests of a substantially similar nature filed against CEX.IO within a thirty (30) day period (or as soon as possible thereafter) by the same law firm, group of law firms, or organizations, the AAA shall facilitate the following Batch Arbitration process:

  • The arbitration demands shall be administered in batches, with each batch consisting of 100 Requests (plus any remaining Requests in a final batch).
  • One arbitrator shall be appointed for each batch to oversee the consolidated arbitration proceedings.
  • Each batch shall be resolved as a single consolidated arbitration, with one set of filing and administrative fees due per side per batch, one procedural calendar, and one final award.

44.18. All parties acknowledge that requests are considered of a “substantially similar nature“ when they arise from the same event or factual scenario, involve identical or similar legal issues, and seek equivalent relief. In case of disagreement regarding the applicability of the Batch Arbitration process, the parties shall notify the AAA, and the AAA shall appoint a sole standing arbitrator (the “Administrative Arbitrator“) to determine its applicability.

44.19. To expedite resolution, the parties agree that the Administrative Arbitrator may establish necessary procedures for prompt dispute resolution. The fees of the Administrative Arbitrator shall be borne by CEX.IO.

44.20. Both parties commit to cooperate in good faith with the AAA to implement the Batch Arbitration process, including the payment of single filing and administrative fees for each batch of Requests. Additionally, both parties shall take steps to minimize the time and costs of arbitration, such as appointing a discovery special master to assist the arbitrator in resolving discovery disputes and adopting an expedited arbitration proceedings calendar.

44.21. It is expressly agreed that this Batch Arbitration provision does not authorize class, collective, mass arbitration, or joint/consolidated claims under any circumstances, except as expressly stated herein.

44.22. Modification. CEX.IO reserves the right to modify or amend this arbitration provision, in whole or in part, at its sole discretion. Any such modifications or amendments shall become effective upon posting the updated arbitration agreement at https://cex.io/legal/terms or when otherwise communicated to you through the appropriate channels. Your continued use of our services or site after the effective date of any modifications to the arbitration agreement shall constitute your acceptance of the revised terms.

44.23. In the event that you do not agree to the modified arbitration provision, you have the right to reject it by discontinuing your use of our services and site. If you choose to reject the modified arbitration provision, any dispute or Claim between you and CEX.IO shall be resolved in accordance with the arbitration provision in effect at the time the dispute or Claim arose.

44.24. It is your responsibility to review this arbitration provision periodically to stay informed of any updates or changes. The most current version of the arbitration agreement will always be available on the CEX.IO website.

44.25. Any waiver or failure to enforce any aspect of this arbitration provision shall not be deemed a waiver of future enforcement or the right to modify or amend this provision in the future.

45. CONTACT INFORMATION

45.1. If you have any questions concerning these Terms, the Site, or any other matter, you may contact us by LiveChat on the Site. CEX.IO Corp. is located at 900 E Diehl Rd STE 110, Naperville, IL 60563, USA.

45.2. Additional resources may be found through our Help Centre.

Last update: 1st of February, 2024

Thank you for visiting the CEX.IO site (the “Site” or “Platform”). These Terms of Use and any terms expressly incorporated herein (hereinafter, the “Terms of Use” or the “Terms”) constitute an electronic agreement that applies to your (hereinafter the “User” or “you”) access to and use of this Site, any and all services, products, and content as described in these Terms provided by CEX OVRS LLC (ST. KITTS AND NEVIS), a limited liability company, established and existing under the laws of Nevis, company number: L 22275, with registered office address at Suite 1, A.L. Evelyn LTD Building, Charlestown, Nevis.

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

CEX.IO's services for the UK users are provided only at the website under specific terms and conditions.

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The User acknowledges that CEX OVRS LLC does not provide its Services on the Platform to customers from the following list of countries: Afghanistan, Belarus, the Democratic Republic of Congo, Canada, Cuba, Guam, Guinea Bissau, Haiti, Honduras, Iran, Iraq, Japan, Lebanon, Libya, Mali, Myanmar, Nicaragua, North Korea, Russian Federation, Singapore, Somalia, South Sudan, Sudan, Syria, United States, Venezuela, Yemen.

By visiting or accessing the Site, you (i) agree that you have read and accepted all of the terms and conditions contained in the herein Terms of Use, as amended from time to time, (ii) you acknowledge and agree that you will be bound by such Terms, and (iii) you acknowledge that you have read and understood the latest version of our Privacy Policy. By clicking the ”register” button or by visiting the Site, CEX.IO provides you with access and utility through our digital asset trading platform via software, mobile application, API (application program interface), technologies, products and/or functionalities (collectively or individually, the “Service(s)”).

If you do not agree to be bound by these Terms, do not access or use the Service(s). CEX.IO reserves the right to change or modify the terms and conditions contained in these Terms, including but not limited to any policy or guideline of the Platform, at any time and at its sole discretion. As described in these Terms, you agree to be legally bound by these terms and all terms and policies incorporated by reference. We will provide notice of these changes by posting the revised Terms on the Site and changing the ”Last updated” date at the top of the Terms, or by any other means as determined by CEX.IO at its sole discretion, and the updated Terms will be effective at such time. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Service(s) and close your account. You agree that we will not be liable to you or any third party as a result of any losses suffered by any modification or amendment of these Terms. Your non-termination or continued use of this Site or Service(s) after the effective date of any changes or modifications of these Terms will constitute your acceptance of such changes or modifications.

You authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to CEX.IO or its service provider for the duration of your business relationship, solely to help them identify you or your wireless device and to prevent fraud. See our Privacy Policy for how we treat your data.

These Terms and any terms expressly incorporated herein apply to your access to, and use of, any Service(s) provided by CEX.IO. These Terms do not alter in any way the terms or conditions of any other agreement you may have with CEX.IO for products, services or otherwise. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your access to, and use of, the Service(s). If you have any questions regarding the use of the Service(s), please contact support@cex.io.

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.

Please be advised, the value of cryptocurrency may increase or decrease significantly. There may be substantial risk involved when buying, selling, trading, and/or holding cryptocurrencies. Please carefully consider whether engaging in this activity is suitable for you. If so, please use the Platform responsibly.

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. CEX.IO Spot Trading: means a product of CEX.IO, an ultimate crypto trading platform with enhanced functionality available here.

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

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

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

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

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

1.1.10. 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.

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

1.1.12. Personal Information (Personal Data): means any information which identifies you personally or which may help us to identify you (e.g. your name, address, email address, trades, etc.).

1.1.13. Platform: means an environment created by CEX.IO that allows the trade of Cryptocurrencies.

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 technologies, products and/or functionalities 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 instruments which are 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. Token: means digital asset commonly created by platforms that build on top of those blockchains. For instance, while Ethereum is the cryptocurrency native to the Ethereum blockchain, there are many other different tokens that also utilize the Ethereum blockchain.

1.1.20. 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”).

1.1.21. Transaction details: means for Cryptocurrency transaction: details of the transaction, including, but not limited to recipient's address (for BTC, LTC, OMG, BCH, DASH, MHC, BTG, 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.

1.1.22. Transaction fee: means a fee that is payable to CEX.IO for each completed Transaction.

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

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

1.1.25. 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.

1.3. The masculine or feminine gender may be used interchangeably throughout these Terms of Use. Wherever one gender is used it shall be construed as meaning the other. Any use of the male or female pronouns in these Terms, whether “he,” “she,” “him,” “her” or words or phrases to similar effect, shall have no significance in the interpretation and application of the terms, provisions and conditions of these Terms, such use being solely for the sake of convenience.

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 place of residence and/or place from which the User accesses this Site.

2.3. The User acknowledges and agrees that, when completing a Transaction, he is trading with another User, and that CEX.IO acts only as an intermediary in such Transaction, not as the counterparty to any such trade.

3. THE USER’S RIGHTS AND RESPONSIBILITIES

3.1. The User has the right to enter and use the Site and use the Services, as long as such User agrees and to and 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 provide CEX.IO with true, accurate, current and complete evidence of his identity, and promptly update his Personal Information if and when it changes.

3.5. The User undertakes to monitor all and any changes on his Account, including but not limited to any changes to balances.

3.6. The User undertakes to immediately (i.e. immediately after the moment of discovery) inform CEX.IO about any unusual, suspicious, unclear, or abnormal changes on his Account. Any delay in informing CEX.IO of such changes, 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 reporting to the relevant state or national authorities.

3.7. 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.

3.8. 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 LiveChat on the Site. Any User who violates the rules contained herein may be terminated, and thereafter held liable for any losses incurred by CEX.IO or any User of the Site.

3.9. 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.

3.10. 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.

3.11. 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.

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

3.13. 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 fraud.

3.14. Users are prohibited from engaging in any kind of market manipulation or taking any actions which specifically include, without limitation: front-running, wash trading, spoofing, layering, churning, and quote stuffing. For general understanding market manipulation actions are actions were taken by any User or a person acting in concert with a User which is 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 the CEX.IO Platform and/or outside of the CEX.IO Platform. Actions regarded by CEX.IO as market manipulation will result in blocking the User's account on the Platform with the right to use blocked Funds for reimbursement of negative consequences that appeared due to mentioned manipulation at the 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;
  • if the User is a corporate User, such company has the legal capacity 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 of Use and that the User is duly authorized and has 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 are derived from legal sources.

4.4. The User represents and warrants that he/she will withdraw any cryptocurrency from his/her Account only to his/her wallets, which precludes the use of CEX.IO for payments to third parties. CEX.IO shall incur no liability for payments made to third parties or non-owned accounts.

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 Information and identifiers may be shared with appropriately authorized 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-fulfillment 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 between Users. When initiating Cryptocurrency Transactions to a user who is not a CEX.IO User, CEX.IO’s 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 indirect or consequential damages, losses, including but not limited to, loss of profit, loss of revenue, loss of business, loss of opportunity, or loss of data, 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 reason why the Site might become unavailable at any given time, nor is CEX.IO responsible for any malfunction, breakdown, delay, or interruption of an Internet connection.

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

5.7. In instances where a change in legislation of a particular country or state, the consequences of which are the imposition of stricter regulation of a Cryptocurrency available on the Platform, CEX.IO may restrict trading of 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 limit 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 an alleged fraud or any other suspected illegal activity.

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

5.10. In case a Fiat Deposit Order will not be completed due to not transferring the Fiat funds by the User to his/her CEX.IO's Account within thirty (30) calendar days from the moment of Deposit Order creation, CEX.IO has a right to reject such Order.

5.11. CEX.IO reserves the right, in its sole discretion, to discontinue or terminate the Service(s) provided to you without notice, temporarily or permanently, including, but not limited to, the following cases: (1) If the Personal Information you have provided is not true, complete, accurate or inconsistent with the information at the time of registration and you have failed to provide reasonable proof (please remember, according to the laws or regulations you should submit true complete and accurate information); (2) If you violate the relevant laws and regulations or these Terms; (3) If required by any provisions of the laws and regulations, as well as the requirements of relevant government authorities; or (4) For security reasons or other necessary circumstances, as determined at our sole discretion.

5.12. During the internal Users migration between CEX.IO companies process or system upgrades, CEX.IO reserves the right to implement the following temporary restrictions without prior notice:

  • Suspension of User internal transfers within CEX.IO products: CEX.IO may temporarily suspend User’s internal transfers within CEX.IO products to maintain the integrity, safety and accuracy of User’s funds during the migration process.
  • Suspension of creation of new User Orders: CEX.IO may temporarily suspend Users’ ability to create new Orders to maintain stability and consistency in the order book.
  • Cancellation of open User Orders: All or some part of open User Orders may be canceled during the migration process to prevent conflicts with system upgrades and ensure a seamless transition.
  • Internal transfers: within the internal Users migration CEX.IO can transfer Users funds within CEX.IO’s products to maintain the integrity of User’s balances during the migration. The User agrees that within such internal transfers the Rounding Policies may apply.

These restrictions are implemented to safeguard User assets and to facilitate the successful completion of the migration process. CEX.IO will make reasonable efforts to minimize downtime and disruptions to Users' trading activities. Users are encouraged to review CEX.IO's announcements for updates and timelines related to migration and system upgrades.

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. All Transactions made on the Platform will be managed in an anonymous manner so that Buyers and Sellers are not acquainted with each other.

6.2. 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 Transactions may not be canceled or reversed and 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 any guarantee 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, which means that there is always a possibility for the User to lose his/her Funds.

7. ACCOUNT ACCESS AND API ACCEPTABLE USE

7.1. Access to the User’s Account is only permitted using individual login credentials. CEX.IO requires multi-factor authentication to keep the User Account and Funds secure. CEX.IO may require that the User use two forms of authentication when accessing the User’s Account and performing certain functions on such an Account. Forms of multi-factor authentication which may supplement the User login credentials include email, short message service (“SMS”), or a supported two-factor authentication (“2FA”). If the User chooses to install and use a 2FA application on a device (e.g., mobile phone or tablet) on which the operating system has been tampered with in any way, the User does so at their own risk. We reserve the right in our sole discretion to prohibit access from, or by, any device on which the operating system has been or is suspected of having been modified or tampered with. The User understands that we may provide his/her 2FA data to a third-party service provider in order to help us authenticate the User.

7.2. The User agrees and acknowledges that his login credentials and all other required forms of authentication were selected by the User and the User further agrees to keep all forms of authentication, including by not limited to login credentials, API keys, passwords, 2FA devices, separate and confidential.

7.3. The User agrees and acknowledges that the User is solely responsible for managing and maintaining the security of his login credentials and all required forms of authentication for his CEX.IO account.

7.4. The User may share API data with any third-party (e.g. developers, agencies, vendors, approved partners, or other Users, etc.) by sharing the unique API Key(s) and the API documentation (hereinafter - APIs) issued to the User for purposes of the CEX.IO API Trading Partnership Program.

7.5. The User that shares its APIs agrees and acknowledges that he/she is solely responsible for familiarization and abidance by these Terms of Use by third parties. Third-party is obliged not to use the API to send spam or take any actions that violate CEX.IO’s Terms of Use and should comply with all applicable laws (including privacy laws and regulations and economic sanctions laws and regulations).

7.6. As a general rule, CEX.IO will not tolerate any use of CEX.IO API service, which is illegal, damages or is likely to damage CEX.IO’s reputation, the availability or integrity of CEX.IO’s API service or which causes us or threatens to cause us to incur any legal, tax, regulatory or any other liability.

7.7. The User agrees and understands that he specifically disclaims any liability or responsibility of CEX.IO for the management, maintenance, and/or security of his login credentials, required forms of authentication, and/or of unauthorized use of his CEX.IO account(s), and management, maintenance, and/or security of his API Key(s).

7.8. Furthermore, the User will indemnify and hold harmless CEX.IO from and against any claims brought related to the User's breach of these Terms of Use in connection with the use of the APIs or the use of the APIs by any third party that the User has given access to the APIs.

7.9. The User is obliged not to use the APIs to take any actions that violate these Terms of Use and other documentation which CEX.IO provides. The User obliges not to attempt to hack or change the CEX.IO API Trading Partnership Program or API technology. CEX.IO may throttle User’s use of the APIs at any time. CEX.IO may monitor User’s use of the APIs for compliance with these rules. CEX.IO may deny access to the APIs to any third party if this third party tries to go around or exceed the limitations CEX.IO set or breaches CEX.IO’s Terms of Use or any other Policy.

7.10. The API is provided "as-is" and on an "as-available" basis. That means CEX.IO does not provide warranties of any kind, either express or implied, including but not limited to merchantability and fitness for a particular purpose.

7.11. The User agrees that all actions conducted in his/her account are recognized as having been made on behalf of the User and on his/her own discretion. If the User becomes aware of any suspicious or unauthorized use of his/her account(s) or login credentials, please notify us immediately at support@cex.io.

8. THE USER'S ACCOUNT INFORMATION

8.1. 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 information as prompted by the registration process and to keep such information updated.

8.2. CEX.IO may conduct periodic reviews of the User account information as mandated by CEX.IO regulators. To ensure compliance with the applicable regulations, CEX.IO must represent that the personal information and account information used to compile the User customer profile is up to date and accurate. CEX.IO may use the Account information that CEX.IO has on file for the User to contact the User regarding any issues with the Account.

8.3. To ensure that the User receives all communications, CEX.IO asks that the User agree to notify CEX.IO of any changes to the User's personal or account information as soon as possible. If communication using the information the User has provided to CEX.IO becomes incorrect or is returned as undeliverable, CEX.IO reserves the right to temporarily freeze the account until accurate information is provided to CEX.IO.

8.4. The User is allowed to register only one Account on the Platform. Thus, any additional Account created by the same User may be suspended or closed.

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

8.6. The User agrees that he/she will not use any Account other than their own.

8.7. The User agrees that he/she will not access the Account of any other User at any time or assist others in obtaining unauthorized access to any other User account.

8.8. CEX.IO reserves the right to recommend limiting the amount of Account funding/deposit/withdrawal. CEX.IO may recommend daily, monthly, and per-transaction amount limits.

8.9. The User acknowledges that email shall not be regarded as a secure method of communication and should never be used for transmitting Personal Information.

8.10. Creation or use of additional User Accounts without obtaining prior express permission from CEX.IO will result in the immediate suspension of all respective Accounts, as well as all pending buy/sell orders, if any. Any attempt to create multiple User Accounts or to assist others (Users or other third parties) in doing so, 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, including referral to applicable governmental authorities.

8.11. Any multiple User Accounts created that attempt to utilize brokerage and similar services, may be prohibited by CEX.IO in its sole discretion, from the Withdrawal of Cryptocurrency with the aim to counter possible fraudulent actions. At the same time, the User may use other Services (trade, Fiat currency/Cryptocurrency Deposit, Withdrawal in Fiat currency, and others).

9. INTELLECTUAL PROPERTY RIGHTS

9.1. 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.

9.2. 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.

9.3. 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 legal@cex.io.

10. DATA COLLECTION

10.1. To understand how CEX.IO collects and processes Personal Information please visit our Privacy Policy which may be amended from time to time.

11. ACCOUNT SECURITY

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

11.2. CEX.IO personnel will never ask the User to disclose his 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).

11.3. It is obligatory for the User to change his/her password every 3 (three) calendar months on a regular basis 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.

11.4. 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 at support@cex.io without undue delay upon becoming aware of any loss, theft, misappropriation, or unauthorized use of User’s 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 any appropriate government agency to report the incident.

11.5. The User must take reasonable care to ensure that his/her email account(s) are secure and only accessed by the User, as his/her email address may be used to reset passwords or to communicate with the User about the security of the Account. CEX.IO cannot be liable for the breach of an email account resulting in an unauthorized Transaction executed without proper confirmation. Should the email addresses registered with the User’s Accounts be compromised, the User should, without undue delay after becoming aware, contact Support Service at support@cex.io as well as contact his/her email service provider.

11.6. 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.

11.7. Additional products or services accessed by the User uses may have additional security requirements and the User must comply with those security requirements as well.

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

11.9. CEX.IO maintains multi-vector security settings to protect User’s assets and CEX.IO ecosystem from bad actors. We closely monitor the potential vulnerability of Users who may be more likely a target for fraudsters and/or susceptible to fraud.

11.10. In Section 12 we set out our rights and User’s obligations for the provision of reasonably verifiable information to ensure the legitimacy of User’s Account and CEX.IO’s commitments to uphold its regulatory obligations in knowing its customers (KYC) and understanding their CEX.IO transactions (KYT).

11.11. CEX.IO reserves the right to require a "live" communication by webcam or "liveness check" via User’s mobile phone with User to confirm any details or respond to the User’s customer services requests. Such requests will only ever be made via in-app chat or from a CEX.IO domain email.

11.12. CEX.IO is aware that scammers can potentially target any exchange customers with fake sites and fake customer service provision. You therefore agree to check any incoming messages to you which appear to originate from CEX.IO by checking the originating email address and website address; no variations should be accepted by the User other than a cex.io suffix/domain. If you are unsure, never click on any suspicious link and contact CEX.IO with your User number on support@cex.io for support. CEX.IO will never seek "remote access" to your account; if you are asked by anyone purporting to be from CEX.IO to supply access to your screen, immediately halt communications, change your password and contact Customer Services to advise us you may have been targeted by a scammer.

11.13. CEX.IO will aim to support any Account restrictions the User wishes to put in place from our "Additional Customer-Driven Security Options". These may change from time to time, but include:

  • limit alerts
  • sending restrictions
  • two-factor authentication
  • pre-transaction
  • re-verification/advance advice; and other measures.

11.14. You agree that changes to your Account settings which reduce your security may require verification to ensure we are engaging with you as a legitimate User.

11.15. You agree to inform us, in advance, by email to support@cex.io if anyone is "helping" you run your Account, in particular if you engage with or are considering any services of any broker, dealer or individual who holds themselves out as an investment adviser.

12. THE USER VERIFICATION

12.1. Identification and verification procedures (also known as 'Know Your Customer' or 'KYC') are required for all Transactions. All new and existing Users of the Platform must pass the verification procedures. 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 procedures, CEX.IO reserves the right to immediately terminate the Services provided to the User.

12.2. The User undertakes to provide CEX IO with authentic and relevant documents and personal information. Where a User provides counterfeit documents or false personal information, we may report this to the relevant governmental authorities and shall be entitled to withhold any return of funds until the user has supplied authentic and verifiable mitigating information.

12.3. The User hereby authorizes 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 Information transferred will be limited to only the data that is strictly necessary and will only be transmitted with security measures in place to protect the data.

12.4. CEX.IO has also the right to request the User to provide additional verification documents even if the User has already passed the verification process to ensure the effective implementation and enforcement of CEX.IO’s AML/KYC Policy and applicable regulatory requirements. If User does not respond to such requirements in a timely manner CEX.IO has a right to limit its services or to stop providing them until requirements are met.

12.5. In order to use any of the Service(s), you must first register to use the Service(s) by providing your email and/or mobile phone number, full name, date of birth, residential address, government identification number, taxpayer identification number and other personal or company information to verify your identity, as well as an affirmation regarding the source of your digital assets and/or fiat currency, along with affirming these Terms.

12.6. You agree to provide us accurate and authentic information we request at registration and on an ongoing basis for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime, including without limitation a copy of your government issued photo ID, or evidence of residency such as a lease or utility bill.

12.7. If any information provided by the User changes, it is the User’s obligation to provide to CEX.IO such updated information as soon as possible. We may, in our sole discretion, refuse to allow you to register to use the Service(s) or limit Users from registering multiple accounts (as described above). By registering an account with CEX.IO, you agree and represent that you will use that account only for yourself, and not on behalf of any third party, unless approved by CEX.IO. If you plan to use the Service(s) on behalf of a legal entity, such a legal entity shall register a corporate account with CEX.IO and you shall not use your individual account for business purposes.

13. ACCOUNT INVESTIGATIONS

13.1. The User agrees and acknowledges that based on CEX.IO's regulatory obligations, CEX.IO has a duty to investigate any activity that may be unusual, suspicious, and/or in furtherance of an attempted violation of applicable law or CEX.IO Policy.

13.2. During the course of CEX.IO’s account investigation, CEX.IO may: (1) freeze a User Account and all Accounts beneficially owned by the User and any members of such User’s household, or for which the User is a representative or authorized signatory and, in the case of entities, any affiliate; (2) freeze any Funds or assets in the Account while the investigation is being conducted; (3) suspend the User’s access to CEX.IO Services or any affiliated CEX.IO Platforms, until a determination has been made, if we suspect, in our sole discretion, you and/or any related accounts under common control to be in violation of: (i) any provision of these Terms of Use; (ii) the AML/KYC Policy; (iii) any applicable laws or regulations by any of CEX.IO's regulators; (iv) any of CEX.IO's applicable Policies as incorporated by reference herein.

13.3. The User further agrees and understands that until a final determination or conclusion of the account investigation occurs, CEX.IO may freeze or suspend the User’s Account, including but not limited to, under the following scenarios:

  • (I) The Account, or authorized User is subject to any pending litigation, investigation, or governmental proceeding.
  • (II) The Account or authorized User is a named person being investigated by a regulatory authority, subject to a court order, facially valid subpoena, or binding order of a government authority.
  • (III) The account has a negative balance for any reason.
  • (IV) We believe an unauthorized person is attempting to access the User’s Account.
  • (V) There is unusual or suspicious activity on the Account.
  • (VI) The User’s Account has been accessed from a sanctioned jurisdiction or a jurisdiction CEX.IO is not authorized to operate.

14. ACCOUNT CLOSURE

14.1. At any time, the User may provide written notice requesting that his Account be closed. Any User seeking Account closure will receive written confirmation by CEX.IO affirming such a request; however, account closure will not end any open investigation into a User's Account or prevent the reporting of any suspicious activity to the relevant governmental authorities.

14.2. The User agrees and understands that closing the Account will not affect any rights and obligations incurred prior to the date of the Account closure. The User may be required to either cancel or complete all open orders and, in accordance with the provisions of these Terms of Use, provide transfer instructions indicating where to transfer any Fiat currency and/or Cryptocurrencies remaining in the User’s Account. The User is responsible for any fees, costs, expenses, charges, or obligations (including, but not limited to, attorney and court fees or transfer costs of Fiat currency or Cryptocurrencies) associated with the closing of his/her Account. In the event that the costs of closing of the User Account exceed the value in the User’s Account, the User will be responsible for reimbursing CEX.IO. The User may not close any of his Accounts to avoid paying any fees incurred or to avoid any examination related to CEX.IO’s AML/KYC Policy.

15. TRANSACTIONS

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

15.2. The User recognizes that an Order should only be submitted after careful consideration and conducting the User’s own research. The User further understands and accepts the consequences of an Order’s 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 Buyer and the Seller and will be considered to have taken place at the execution date and time.

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

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

15.5. Minimum and maximum Order amounts may vary for each trading pair and can be seen on the Trade Page when placing an Order.

15.6. 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.

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

15.8. If the User discovers transaction unusual 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 the investigation.

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

15.10. The minimum Deposit amount for Ethereum (ETH) is 0.001, for other Cryptocurrencies, such as Bitcoin (BTC), Bitcoin Cash (BCH), 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.

15.11. 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.

15.12. CEX.IO reserves the right but not an obligation at the User’s request to recover in certain situations incorrectly sent by the User to its CEX.IO account Cryptocurrency Deposit. Detailed process and all conditions of such recovery together with the Application Form are available here.

15.13. The User acknowledges and agrees that the attempt to recover the incorrectly sent Cryptocurrency Deposit incurs a non-refundable fee of 10% from the Cryptocurrency Deposit amount, but not less than 100 (one hundred) USD in your Deposit Cryptocurrency equivalent. This fee will be calculated from the original amount of the User’s Deposit and charged in the Deposits Cryptocurrency.

15.14. The User agrees that the CEX.IO team can start the Cryptocurrency Deposit recovery process only if the User has a sufficient amount of funds on its Account to cover this Cryptocurrency recovery fee.

15.15. The User acknowledges and agrees that this recovery fee will be charged regardless of the recovery outcome as the CEX.IO team uses significant resources to investigate the case, develop, and implement technical solutions.

15.16. The User acknowledges and agrees that the decision to recover a Cryptocurrency Deposit incorrectly sent by the User remains fully at the sole discretion of the CEX.IO team, as it will investigate every case and estimate whether or not it can attempt to recover these funds.

15.17. CEX.IO also reserves the right but not an obligation at the User’s request to recover in certain situations incorrectly sent by the User Fiat Withdrawals in a case when: a) the User made a mistake in bank details or b) the beneficiary's bank is in a high-risk area. Detailed process and all conditions of such recovery together with the Application Form are available here.

15.18. The User acknowledges and agrees that the attempt to recover the incorrectly sent Fiat Withdrawals incurs a non-refundable fee in the amount of 50 (fifty) USD.

15.19. The User agrees that the CEX.IO team can start recovering Fiat incorrectly sent by the User only in instances where the User has the sufficient amount of funds on its Account to cover this fiat recovery fee.

15.20. The User acknowledges and agrees that this recovery fee will be charged regardless of the recovery outcome as the CEX.IO team uses significant resources to investigate the case.

15.21. The User acknowledges and agrees that the decision to recover Fiat Withdrawals incorrectly sent by the User remains fully at the sole discretion of the CEX.IO team, as it will investigate every case and estimate whether or not it can attempt to recover these funds.

15.22. A complete record including; trading activity, pending Transactions, Deposits, and Withdrawals, as well as the User Fiat and Cryptocurrency balance of the User Transaction history is available in the User CEX.IO Account(s). The User acknowledges and agrees that no representation in his Transaction history should be considered a valuation. CEX.IO uses all reasonable and commercially viable efforts to ensure that the User transaction history is accurate.

16. MAINTENANCE AND STORAGE FEES

16.1. If more than twelve (12) months elapsed without the User signing into his/her Account or without making a 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 may qualify this Account as inactive and has a right to nullify the User Account and assess the non-refundable Maintenance fee upon thirty-one (31) days prior email notification to the User. Inactive Accounts with zero balances shall be deactivated.

16.2. If more than twenty-four (24) months elapsed 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 may qualify this Account as dormant and transfer its balance into CEX.IO’s special segregated in order to secure the User’s Funds upon 31 (thirty-one) calendar days prior email notification to the User. The Account shall be deactivated.

16.3. 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’s special segregated account, the User’s balances will be transferred back to the User’s Account once it has been reactivated.

16.4. 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.

16.5. 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 the 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 7 (seven) calendar days prior notice in writing to the User by email of its intention to cease to support that particular Cryptocurrency.

16.6. CEX.IO’s prior notice obligation mentioned in this Section 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 CEX.IO’s newsletter or marked CEX.IO’s emails as “spam” and for this reason did not receive CEX.IO’s notices.

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

 

usd.svgeur.svggbp.svgUSD, EUR, GBP2 per day
rub.svgRUB100 per day
bch.svgBCH0.003 per day
bcha.svg
BCHA1 per day
bsv.svg
BSV1 per day
btc.svgBTC0.003 per day
btg.svg
BTG0.5 per day
dash.svg
DASH0.003 per day
eth.svg
ETH0.06 per day
gala.svg
GALA200 per day
ltc.svg
LTC0.4 per day
gala.svg
pGALA6000 per day
prmx.svg
PRMX400 per day
qash.svgQASH10 per day
xlm.svg
XLM1 per day
xrp.svg
XRP1 per day
xsgd.svg
XSGD6.84 per day

 

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

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

16.10. 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 7 (seven) calendar days prior notice in writing by email of its intention to change the Storage fee and/or the way in which it is charged.

17. DOUBLE SPENDING

17.1. Should a User receive an amount exceeding the withdrawal amount requested by the User pursuant to the Platform’s technical problem/error/glitch, the User undertakes to immediately notify CEX.IO and to return the excess amount to the User’s CEX.IO Account. In such instances, the User agrees that CEX.IO has a right to unilaterally withdraw this excess amount from the User’s CEX.IO Account without notification.

17.2. Should CEX.IO become aware of such Platform’s technical problem/error/glitch and that the User has received the amount exceeding the requested withdrawal amount, the User acknowledges and agrees that CEX.IO has a right to switch off withdrawals on the User’s CEX.IO Account.

17.3. When CEX.IO became aware of such Platform’s technical problem/error/glitch and requested the User to return the excess amount to his CEX.IO Account, but the User does not return the requested Funds within 60 (sixty) calendar days, CEX.IO reserves the right to unilaterally sell the User’s Cryptocurrency that it has in its CEX.IO Account in the necessary proportional amount at any moment thereafter by market order and to use the proceeds to set off the debt that the User owes to CEX.IO.

17.4. CEX.IO has a right to claim the full cover of the exceeding amount using all available legal options, including by selling a User’s Cryptocurrency.

18. CRYPTOCURRENCIES LISTED ON CEX.IO

18.1. The User understands that CEX.IO does not own or control the underlying software protocols of Cryptocurrency networks that govern the operation of Cryptocurrencies. In general, the underlying protocols are open source, and available to anyone who can use, copy, modify, and distribute them. The User agrees and understands that: (i) CEX.IO is not responsible for the operation of the underlying protocols, and (ii) CEX.IO makes no guarantees regarding their security, functionality, or availability. The User further acknowledges that CEX.IO performs extensive due diligence before supporting a Cryptocurrency on the Platform in accordance with its listing procedures. The User acknowledges and understands that CEX.IO may choose to support or delist Cryptocurrency in its sole discretion.

19. FORKS OF SUPPORTED CRYPTOCURRENCY

19.1. The User agrees and understands that the underlying protocols of supported Cryptocurrencies are subject to changes in the protocol operating rules. Such an event may lead to a “Fork” whereby the network protocol may disagree on the proposed change in protocol, thereby resulting in only part of the network adopting the new protocol with the result that the network will bifurcate into different blockchains with one adopting the new protocol and the other rejecting the proposed protocol. Although each potential Fork is different, it may result in more than one version of the blockchain or Cryptocurrency following the Fork. The User further agrees and understands that Forks may substantially affect the value, function, and transaction speed of the Cryptocurrencies the User holds at CEX.IO. CEX.IO will use reasonable discretion to determine which Forked blockchain is supported by the greatest number of miners and users, and to determine which Forked blockchain may be supported.

19.2. In the event of a Fork, the User agrees and understands that CEX.IO reserves the right to temporarily suspend the operations of the affected network protocols, while we determine, in our sole discretion, which, if any, Forked blockchain to support. As each Fork is different, the User agrees and understands that the determination made by CEX.IO in regard to the Forked blockchain is under no time constraints or deadlines, and our determination to support, or not support, a Fork may be changed at our sole discretion. Under certain circumstances, if a Fork is not supported, the Cryptocurrencies resulting from the unsupported blockchain may become the property of CEX.IO. The User agrees and acknowledges that prior to any Fork, the User has the right to withdraw the User’s Cryptocurrencies and retain the unsupported blockchain at the User’s own discretion, bearing the sole responsibility for any risks incurred.

20. STAKING

20.1. CEX.IO allows the User to participate in the Transaction validation process (hereinafter - «Staking») on 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.

20.2. CEX.IO operates the software and infrastructure necessary to run a validator node on the PoS blockchain networks. During the times that CEX.IO validator is selected on a network to run a validator node, CEX.IO provides services explained as Staking. CEX.IO offers Staking Services for the Users as a custodial solution and non-custodial Staking to whoever connects to the validation node on the chain.

20.3. CEX.IO acts as a node operator or validator on the PoS blockchain networks, which allow the holders of applicable token to become delegators. When delegating, participant stakes a token and delegates the voting powers attributable to such a staked token to CEX.IO acting as a validator. This allows CEX.IO to participate in the governance of selected blockchains. All decisions made by CEX.IO related to the PoS blockchains are exempt from any disputes from the delegators.

20.4. Non-custodial Staking requires delegating to CEX.IO validation nodes a certain amount of certain tokens. Such delegation shall not involve the transfer of any tokens from the delegator to CEX.IO or vice versa, and any delegated token shall at all times remain the property of, and under the control of a delegator. The delegator can unstake his tokens at any time from the CEX.IO validation node. Each PoS network has its own rules about the unbonding or lock-up period, meaning the tokens might not be unstaked instantly. CEX.IO as a validator has no control over this time period meaning the delegator itself would bear any financial risk from price fluctuations. The delegator acknowledges that he remains in full control of his keys, seed phrases, and should be the sole responsible for the security of his own digital assets. Providing a non-custodial service, CEX.IO does not have any control over the tokens of the delegators and will not be able to recover these tokens in case of theft or loss.

20.5. 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.

20.6. CEX.IO 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.

20.7. The yield earned by the Users is determined by, and subject to the rules of the PoS blockchain, which may be changed or modified by such PoS blockchain at their sole discretion. CEX.IO has no control over, nor will CEX.IO be liable for, any change made by any PoS blockchain.

20.8. Unless otherwise specified, the rewards are usually calculated and updated every hour, and sent to your account once per month. Please refer to the CEX.IO Earn Service product page for specific annual yield and rewards information for each PoS blockchain. Staking services may not be available to Users in all jurisdictions.

20.9. The tax treatment of Staking rewards is uncertain, and it is the responsibility of the User to determine what taxes, if any, arise from receiving Staking rewards. The Users are solely responsible for reporting and paying any applicable taxes arising from Staking. The User acknowledges that CEX.IO does not provide investment, legal, or tax advice to the User in connection with such election to participate in Staking. The Users should conduct their own due diligence and consult their own advisors before making any decision to participate in Staking.

20.10. The User understands and accepts the following risks that may arise and the related losses the User may incur from using Staking, including without limitation:

  • The User may have exposure to risks on the third-party platforms which may result in losses;
  • High price fluctuations of cryptocurrencies can result in significant losses in a short period of time;
  • Technical anomalies may occur, which may delay or prevent you from using Staking or performing related transactions, resulting in losses;
  • The annual percentage yield ('APY') and annual percentage rate ('APR') indicated on the Platform for each cryptocurrency is not guaranteed and can be changed at any time due to changes on a blockchain, which may result in not gaining expected rewards.
  • Market anomalies and unforeseen events may occur, which may result in losses;
  • User hereby warrants that the User has the necessary experience and knowledge to use Staking and understands and acknowledges the potential risks of using Staking. Users should carefully consider and evaluate their financial condition along with the above-mentioned risks before making any decision to use Staking.

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

21. INSTANT BUY

21.1. The CEX.IO Instant Buy is an offer to purchase Cryptocurrencies in a single-click transaction, subject to our current fees for purchasing Cryptocurrencies. The Cryptocurrency available for Instant Buy is made available by CEX.IO at its sole discretion.

21.2. All pricing or performance data related to the Instant Buy is for informational purposes only. The Instant Buy is not an offer to purchase any single security, investment, or financial instrument. The Instant Buy offer is not a recommendation to buy, sell or hold any Cryptocurrency or any amount of Cryptocurrencies and does not constitute investment advice, financial advice, or trading advice.

22. TRANSACTION FEE

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

22.2. Prior to trading, the User must consider 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 by publishing updates on the Fee Schedule page.

22.3. 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.

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

22.5. The minimum and maximum price, as well as the minimum and maximum Order amount, varies for each trading pair and can be seen on the Trade Page when placing an order.

22.6. For specific types of Orders, the Transaction fee may differ from those published on the 'Fee Schedule' page. The Transaction fee rate shall be disclosed before the Order execution.

22.7. The Transaction fee, other charges, as well as the charging 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.

22.8. The User acknowledges and agrees that every Cryptocurrency network can deduct its own network fee.

22.9. CEX.IO may charge network fees, sometimes called miner fees, to process Cryptocurrency Transactions on the User’s behalf. CEX.IO will calculate the network fee at its discretion.

22.10. Bank fees charged to CEX.IO are netted out of transfers between CEX.IO and its banking partners. The User may be responsible for additional fees charged to the User based on the User’s individual customer agreement with his financial services provider.

23. TRADING FEE BALANCE AVAILABLE ON THE CEX.IO SPOT TRADING PRODUCT

23.1. At its sole discretion, CEX.IO may offer Users an incentive, in the form of a trading fee balance credited to a User, to use the CEX.IO Spot Trading platform. The trading fee balance is conditional, limited in size and in use. 

23.2. Specific conditions (requirements) fulfillment of which may grant the User the trading fee balance (hereinafter - “Trading Fee Balance”) are up to CEX.IO and subject to change without notice. The total Trading Fee Balance may consist of several parts, granted upon fulfillment of specific conditions, with separate expiration dates or remaining open-ended. Specific mechanics of how each specific Trading Fee Balance is granted, including but not limited to the landing page address, timing of the Trading Fee Balance delivery, are also up to CEX.IO and subject to change without notice. 

23.3. The mechanics and conditions to getting the Trading Fee Balance may include a few steps, e.g. corresponding to the User’s onboarding on the Platform, each of which may be rewarded with a separate Trading Fee Balance. The participation may include the need to opt-in. If opt-in is included as a condition to participation, only steps completed after the opt-in on the dedicated landing page count towards the potential eligibility for the Trading Fee Balance.  Steps completed prior to the opt-in, when the opt-in is required, do not count towards the potential eligibility for the Trading Fee Balance.

23.4. The Trading Fee Balance can be issued in the form of a trading fee discount within the CEX.IO Spot Trading product of a specific value in Tether (“USDT”) (or any other cryptocurrency) held on the User’s account, separate from the User's CEX.IO Spot Trading usual account balance. 

23.5. Depending on the type, the Trading Fee Balance may have either a specified expiration date or be open-ended. Please refer to the expiry date on the individual Trading Fee Balance that can be found on the User’s “Finances” page in the trading terminal.

23.6. In case the specific Trading Fee Balance has an expiration date, then after the expiry date, the remaining unused Trading Fee Balance will expire and be burned without the possibility of its further use. Any orders active after the expiration of a specific Trading Fee Balance will be fulfilled at the applicable fees charged from the User's other available Trading Fee Balances, if any. If no other specific Trading Fee Balance is available to the User, the applicable fees will be deducted from the User's CEX.IO Spot Trading usual account balance.

23.7. In case the User receives an open-ended Trading Fee Balance, the User will be able to use the Trading Fee Balance on CEX.IO Spot Trading until the User spends it. Notwithstanding the above, the User agrees that CEX.IO reserves the right to unilaterally terminate such Trading Fee Balance and write off the unused portion of the Trading Fee Balance allocated to the User’s CEX.IO Spot Trading account.

23.8. The User is able to check his/her available Trading Fee Balance and its parts, if applicable, on the User’s “Finances” page in the trading terminal.

23.9. In case when, for example, the User has X amount of USDT on the Trading Fee Balance, and a trading fee for the order is Y amount of the second currency of a trading pair chosen (for example, for the ETH/BTC trading pair the fee will be calculated in BTC), then the equivalent of Y amount will be withdrawn from the User’s CEX.IO Spot Trading Fee Balance at the CEX.IO Spot Trading’s current applicable spot market rate, which may be volatile.

23.10. In case the Trading Fee Balance can only cover a portion of the applicable trading fees on the CEX.IO Spot Trading product, then the portion of the trading fees will be covered by the Trading Fee Balance, while the remaining trading fees will be charged as usual from the User’s CEX.IO Spot Trading account’s balance.

23.11. If there is another unexpired Trading Fee Balance on a User’s CEX.IO Spot Trading’s account, this balance will be used automatically towards the applicable CEX.IO Spot Trading fees.

23.12. Trading Fee Balance can only be used as a discount towards applicable trading fees on CEX.IO Spot Trading. Trading Fee Balance cannot be traded, exchanged, transferred, or withdrawn for equivalent currency or equivalent digital assets. The Trading Fee Balance can be used only to cover trading fees of the CEX.IO Spot Trading and no other CEX.IO products.

23.13. In the event of CEX.IO and/or CEX.IO Spot Trading initiates Platform and/or Service maintenance, repairs, upgrades, or any Force Majeure Event (as specified in the Terms of Use), the Trading Fee Balance may be suspended for a period of time until CEX.IO and/or CEX.IO Spot Trading resumes or is reasonably expected resume its Service.

23.14. CEX.IO may change, extend, freeze, terminate, cancel, or retrieve (write off) the Trading Fee Balance before the expiration date and the open-ended Trading Fee Balance, whether or not with notice. This may happen for several reasons, including, but not limited to, a violation of the Terms of Use or other legal documentation and/or Policy by the User, potential services abuse, a risk of money laundering and/or other suspected illicit activities, and/or other activities or behaviors. These, in CEX.IO’s sole and absolute discretionary power, may disqualify the User for the Trading Fee Balance, and/or may deem the User unfit to participate further in this promotion.

23.15. In order to comply with local regulations, certain features may not be available or may become unavailable in the User’s region.

23.16. For more information regarding the CEX.IO Spot Trading product’s Trading Fee Balance functionality please refer to CEX.IO Help Center.

23.17. While the Trading Fee Balance represents a discount to the CEX.IO Spot Trading fees, the User should determine any potential individual tax obligations and possibly seek independent tax advice

24. ONE-CLICK TRANSACTION AGREEMENT

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

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

24.3. You certify that you are an authorized holder of a credit card. By accepting this Agreement, you agree to contact us via finance@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.

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

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

24.6. 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 Site, you confirm and state that you do not violate legislation of any country. Also, by accepting this Agreement (and Terms of Use), you, as the cardholder, confirm that you are entitled to use Services offered via the Site.

24.7. By starting to use the Site’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 unauthorized violation.

24.8. By agreeing to use the Site’s services, you understand and accept that processing of any of your payments is 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.

24.9. 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 using 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 th Site using email: finance@cex.io.

24.10. The 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 authorization of the payment with your payment card. The 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 Site by using your payment card. When you pay for any of the Site’s goods and/or services, you are primarily bound by the Site’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 Site and for any additional expenses/fees that can be applied to this payment. The payment service provider acts only as the executor of the payment in the amount stated by the Site, and it is not responsible for pricing, total prices, and/or total sums.

24.11. 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.

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

24.13. You agree on the usage of e-mail communication.

24.14. 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 Site using email: finance@cex.io.

25. ROUNDING POLICY

25.1. CEX.IO uses the Rounding Policy in the favour of the Platform on all financial transactions. CEX.IO rounds Fiat currencies to the second digit after the separator. The Rounding Policy for Cryptocurrencies varies depending on Cryptocurrency.

25.2. 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 the next whole unit in accordance with the Rounding standards.

26. ILLEGAL TRANSACTIONS

26.1. 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.

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

26.3. 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 organizations glorifying war or violating human dignity;
  • any goods or services, promotion, offer or marketing of which would violate copyrights, industrial property rights or other rights of any person;
  • 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;
  • any other illegal goods, services or transactions.

27. TERMINATION OF THE TERMS OF USE

27.1. The User may terminate the Terms of Use by closing his Account at any time, following settlement of any pending transactions.

27.2. 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 the 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 the 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.

27.3. 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.

27.4. The suspension of the Account shall not affect the payment of the Transaction fees due for past Transactions. Upon termination, the User shall provide 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.

27.5. 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.

28. SERVICES AVAILABILITY

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

28.2. 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.

28.3. CEX.IO will use reasonable endeavors 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. You may always check the status of CEX.IO at any time. CEX.IO is not liable or responsible for any damages incurred by you as a result of maintenance or downtime.

29. API, WIDGETS, AND MOBILE APPLICATIONS

29.1. API requests are limited to 600 requests per 10 minutes. If this limit is exceeded, it may result in a 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.

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

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

30. FINANCIAL OR LEGAL ADVICE

30.1. 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. The Users should conduct their own research regarding Cryptocurrencies.

31. TAXATION

31.1. The User undertakes to pay all of his/her taxes and duties resulting from the use of CEX.IO Services, and should be paid according to the regulations of the User’s jurisdiction of residence.

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

32. NOTICES AND COMMUNICATION

32.1. 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.

32.2. The User expressly agrees to receive any notices in electronic form and to be bound by them, as required by the Terms of Use.

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

33. GOVERNING LAW AND DISPUTE RESOLUTION

33.1. 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 the 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.

34. LIMITATION OF LIABILITY

34.1. 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 ACKNOWLEDGES 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 THESE TERMS OF USE OR THE USER'S USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

34.2. CEX.IO will not be liable for the Transactions, initiated by the User, below the prescribed limits, as stated in clause 15.10. hereof.

35. INDEMNITY

35.1. 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 another 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.

36. MODIFICATIONS AND AMENDMENTS

36.1. 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.

37. FORCE MAJEURE

37.1. 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 (including but not limited to any act of war), change of law, or a 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.

38. LINKS TO THIRD-PARTY WEBSITES

38.1. 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.

39. SEVERABILITY

39.1. If any provision of these Terms of Use shall be determined to be invalid or unenforceable under any rule, law, or regulation of any local, state, or federal government agency, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of these Terms of Use shall not be affected.

40. NO SOLICITATION

40.1. None of the representations made by CEX.IO herein constitute an offer to buy or sell or a solicitation of an offer to buy or sell investments, loans, securities, partnership interests, commodities, or any other financial instruments of any kind. CEX.IO makes no representation or warranty, express or implied, to the extent not prohibited by applicable law, regarding the advisability of investments of any kind.

40.2. Any of the content on any of the Site or mobile applications do not necessarily reflect the views of CEX.IO as a whole, its directors, officers, employees, shareholders, or any part or member thereof.

41. CHANGE OF CONTROL

41.1. In the event that CEX.IO is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control. For more information, please refer to CEX.IO’s Privacy Policy.

42. NON-WAIVER OF RIGHTS

42.1. These Terms of Use shall not be construed to waive rights that cannot be waived under applicable state money transmission laws in the state where you are located.

43. ENTIRE AGREEMENT

43.1. The User unequivocally agrees and understands that these Terms of Use collectively memorialize the relationship and agreement by and among you and CEX.IO. These Terms of Use entered into by the User and CEX.IO, supersedes all prior discussions, agreements, or correspondence of any kind.

44. LANGUAGE

44.1. The Terms of Use may be posted in multiple languages. If there are any discrepancies, the English version shall prevail.

45. CONTACT US

45.1. If you have any questions relating to the Service, the Site, your Account or any other matter, please, contact us by live chat on the Site.

45.2. 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 please, contact legal@cex.io.

45.3. Additional resources may be found through our Help Centre.

Last update: 1st of February, 2024

Thank you for visiting the CEX.IO site (the “Site” or “Platform”). These Terms of Use and any terms expressly incorporated herein (hereinafter, the “Terms of Use” or the “Terms”) constitute an electronic agreement that applies to your (hereinafter the “User” or “you”) access to and use of this Site, any and all services, products, and content as described in these Terms provided by CEX.IO EU VASP, UAB, a limited liability company, established and existing under the laws of the Republic of Lithuania, company number: 306186479, with registered office address at Didžioji st. 18, Vilnius, Republic of Lithuania. CEX.IO EU VASP, UAB is registered as the Virtual Asset Service Provider (VASP) and depository virtual currency wallets operator in the State Enterprise Centre of Registers of the Republic of Lithuania lists.  

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

CEX.IO EU VASP, UAB provides services for Users from the following European Union countries: Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus (the), Czech Republic (the), Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden.

CEX.IO’s services for the UK users are provided only at the website under specific terms and conditions.

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CEX.IO EU VASP, UAB provides services for Users from the following European Union countries: Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus (the), Czech Republic (the), Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden.

By visiting or accessing the Site, you (i) agree that you have read and accepted all of the terms and conditions contained in the herein Terms of Use, as amended from time to time, (ii) you acknowledge and agree that you will be bound by such Terms, and (iii) you acknowledge that you have read and understood the latest version of our Privacy Policy. By clicking the ”register” button or by visiting the Site, CEX.IO provides you with access and utility through our digital asset trading platform via software, mobile application, API (application program interface), technologies, products and/or functionalities (collectively or individually, the “Service(s)”). If you do not agree to be bound by these Terms, do not access or use the Service(s).

CEX.IO reserves the right to change or modify the terms and conditions contained in these Terms, including but not limited to any policy or guideline of the Platform, at any time and at its sole discretion.

As described in these Terms, you agree to be legally bound by these terms and all terms and policies incorporated by reference. We will provide notice of these changes by posting the revised Terms on the Site and changing the ”Last updated” date at the top of the Terms, or by any other means as determined by CEX.IO at its sole discretion, and the updated Terms will be effective at such time. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Service(s) and close your account. You agree that we will not be liable to you or any third party as a result of any losses suffered by any modification or amendment of these Terms. Your non-termination or continued use of this Site or Service(s) after the effective date of any changes or modifications of these Terms will constitute your acceptance of such changes or modifications.

You authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to CEX.IO or its service provider for the duration of your business relationship, solely to help them identify you or your wireless device and to prevent fraud. See our Privacy Policy for how we treat your data.

These Terms and any terms expressly incorporated herein apply to your access to, and use of, any Service(s) provided by CEX.IO. These Terms do not alter in any way the terms or conditions of any other agreement you may have with CEX.IO for products, services or otherwise. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your access to, and use of, the Service(s). If you have any questions regarding the use of the Service(s), please contact support@cex.io.

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.

Please be advised, the value of cryptocurrency may increase or decrease significantly. There may be substantial risk involved when buying, selling, trading, and/or holding cryptocurrencies. Please carefully consider whether engaging in this activity is suitable for you. If so, please use the Platform responsibly.

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. CEX.IO Spot Trading: means a product of CEX.IO, an ultimate crypto trading platform with enhanced functionality available here.

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

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

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

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

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

1.1.10. 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.

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

1.1.12. Personal Information (Personal Data): means any information which identifies you personally or which may help us to identify you (e.g. your name, address, email address, trades, etc.).

1.1.13. Platform: means an environment created by CEX.IO that allows the trade of Cryptocurrencies.

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 technologies, products and/or functionalities 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 instruments which are 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. Token: means digital asset commonly created by platforms that build on top of those blockchains. For instance, while Ethereum is the cryptocurrency native to the Ethereum blockchain, there are many other different tokens that also utilize the Ethereum blockchain.

1.1.20. 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”).

1.1.21. Transaction details: means for Cryptocurrency transaction: details of the transaction, including, but not limited to recipient's address (for BTC, LTC, OMG, BCH, DASH, MHC, BTG, 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.

1.1.22. Transaction fee: means a fee that is payable to CEX.IO for each completed Transaction.

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

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

1.1.25. 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.

1.3. The masculine or feminine gender may be used interchangeably throughout these Terms of Use. Wherever one gender is used it shall be construed as meaning the other. Any use of the male or female pronouns in these Terms, whether “he,” “she,” “him,” “her” or words or phrases to similar effect, shall have no significance in the interpretation and application of the terms, provisions and conditions of these Terms, such use being solely for the sake of convenience.

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 place of residence and/or place from which the User accesses this Site.

2.3. The User acknowledges and agrees that, when completing a Transaction, he is trading with another User, and that CEX.IO acts only as an intermediary in such Transaction, not as the counterparty to any such trade.

3. THE USER’S RIGHTS AND RESPONSIBILITIES

3.1. The User has the right to enter and use the Site and use the Services, as long as such User agrees and to and 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 provide CEX.IO with true, accurate, current and complete evidence of his identity, and promptly update his Personal Information if and when it changes.

3.5. The User undertakes to monitor all and any changes on his Account, including but not limited to any changes to balances.

3.6. The User undertakes to immediately (i.e. immediately after the moment of discovery) inform CEX.IO about any unusual, suspicious, unclear, or abnormal changes on his Account. Any delay in informing CEX.IO of such changes, 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 reporting to the relevant state or national authorities.

3.7. 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.

3.8. 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 LiveChat on the Site. Any User who violates the rules contained herein may be terminated, and thereafter held liable for any losses incurred by CEX.IO or any User of the Site.

3.9. 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.

3.10. 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.

3.11. 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.

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

3.13. 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 fraud.

3.14. Users are prohibited from engaging in any kind of market manipulation or taking any actions which specifically include, without limitation: front-running, wash trading, spoofing, layering, churning, and quote stuffing. For general understanding market manipulation actions are actions were taken by any User or a person acting in concert with a User which is 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 the CEX.IO Platform and/or outside of the CEX.IO Platform. Actions regarded by CEX.IO as market manipulation will result in blocking the User's account on the Platform with the right to use blocked Funds for reimbursement of negative consequences that appeared due to mentioned manipulation at the 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;
  • if the User is a corporate User, such company has the legal capacity 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 of Use and that the User is duly authorized and has 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 are derived from legal sources.

4.4. The User represents and warrants that he/she will withdraw any cryptocurrency from his/her Account only to his/her wallets, which precludes the use of CEX.IO for payments to third parties. CEX.IO shall incur no liability for payments made to third parties or non-owned accounts.

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 Information and identifiers may be shared with appropriately authorized 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-fulfillment 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 between Users. When initiating Cryptocurrency Transactions to a user who is not a CEX.IO User, CEX.IO’s 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 indirect or consequential damages, losses, including but not limited to, loss of profit, loss of revenue, loss of business, loss of opportunity, or loss of data, 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 reason why the Site might become unavailable at any given time, nor is CEX.IO responsible for any malfunction, breakdown, delay, or interruption of an Internet connection.

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

5.7. In instances where a change in legislation of a particular country or state, the consequences of which are the imposition of stricter regulation of a Cryptocurrency available on the Platform, CEX.IO may restrict trading of 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 limit 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 an alleged fraud or any other suspected illegal activity.

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

5.10. In case a Fiat Deposit Order will not be completed due to not transferring the Fiat funds by the User to his/her CEX.IO's Account within thirty (30) calendar days from the moment of Deposit Order creation, CEX.IO has a right to reject such Order.

5.11. CEX.IO reserves the right, in its sole discretion, to discontinue or terminate the Service(s) provided to you without notice, temporarily or permanently, including, but not limited to, the following cases: (1) If the Personal Information you have provided is not true, complete, accurate or inconsistent with the information at the time of registration and you have failed to provide reasonable proof (please remember, according to the laws or regulations you should submit true complete and accurate information); (2) If you violate the relevant laws and regulations or these Terms; (3) If required by any provisions of the laws and regulations, as well as the requirements of relevant government authorities; or (4) For security reasons or other necessary circumstances, as determined at our sole discretion.

5.12. During the internal Users migration between CEX.IO companies process or system upgrades, CEX.IO reserves the right to implement the following temporary restrictions without prior notice:

  • Suspension of User internal transfers within CEX.IO products: CEX.IO may temporarily suspend User’s internal transfers within CEX.IO products to maintain the integrity, safety and accuracy of User’s funds during the migration process.
  • Suspension of creation of new User Orders: CEX.IO may temporarily suspend Users’ ability to create new Orders to maintain stability and consistency in the order book.
  • Cancellation of open User Orders: All or some part of open User Orders may be canceled during the migration process to prevent conflicts with system upgrades and ensure a seamless transition.
  • Internal transfers: within the internal Users migration CEX.IO can transfer Users funds within CEX.IO’s products to maintain the integrity of User’s balances during the migration. The User agrees that within such internal transfers the Rounding Policies may apply.

These restrictions are implemented to safeguard User assets and to facilitate the successful completion of the migration process. CEX.IO will make reasonable efforts to minimize downtime and disruptions to Users' trading activities. Users are encouraged to review CEX.IO's announcements for updates and timelines related to migration and system upgrades.

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. All Transactions made on the Platform will be managed in an anonymous manner so that Buyers and Sellers are not acquainted with each other.

6.2. 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 Transactions may not be canceled or reversed and 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 any guarantee 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, which means that there is always a possibility for the User to lose his/her Funds.

7. ACCOUNT ACCESS AND API ACCEPTABLE USE

7.1. Access to the User’s Account is only permitted using individual login credentials. CEX.IO requires multi-factor authentication to keep the User Account and Funds secure. CEX.IO may require that the User use two forms of authentication when accessing the User’s Account and performing certain functions on such an Account. Forms of multi-factor authentication which may supplement the User login credentials include email, short message service (“SMS”), or a supported two-factor authentication (“2FA”). If the User chooses to install and use a 2FA application on a device (e.g., mobile phone or tablet) on which the operating system has been tampered with in any way, the User does so at their own risk. We reserve the right in our sole discretion to prohibit access from, or by, any device on which the operating system has been or is suspected of having been modified or tampered with. The User understands that we may provide his/her 2FA data to a third-party service provider in order to help us authenticate the User.

7.2. The User agrees and acknowledges that his login credentials and all other required forms of authentication were selected by the User and the User further agrees to keep all forms of authentication, including by not limited to login credentials, API keys, passwords, 2FA devices, separate and confidential.

7.3. The User agrees and acknowledges that the User is solely responsible for managing and maintaining the security of his login credentials and all required forms of authentication for his CEX.IO account.

7.4. The User may share API data with any third-party (e.g. developers, agencies, vendors, approved partners, or other Users, etc.) by sharing the unique API Key(s) and the API documentation (hereinafter - APIs) issued to the User for purposes of the CEX.IO API Trading Partnership Program.

7.5. The User that shares its APIs agrees and acknowledges that he/she is solely responsible for familiarization and abidance by these Terms of Use by third parties. Third-party is obliged not to use the API to send spam or take any actions that violate CEX.IO’s Terms of Use and should comply with all applicable laws (including privacy laws and regulations and economic sanctions laws and regulations).

7.6. As a general rule, CEX.IO will not tolerate any use of CEX.IO API service, which is illegal, damages or is likely to damage CEX.IO’s reputation, the availability or integrity of CEX.IO’s API service or which causes us or threatens to cause us to incur any legal, tax, regulatory or any other liability.

7.7. The User agrees and understands that he specifically disclaims any liability or responsibility of CEX.IO for the management, maintenance, and/or security of his login credentials, required forms of authentication, and/or of unauthorized use of his CEX.IO account(s), and management, maintenance, and/or security of his API Key(s).

7.8. Furthermore, the User will indemnify and hold harmless CEX.IO from and against any claims brought related to the User's breach of these Terms of Use in connection with the use of the APIs or the use of the APIs by any third party that the User has given access to the APIs.

7.9. The User is obliged not to use the APIs to take any actions that violate these Terms of Use and other documentation which CEX.IO provides. The User obliges not to attempt to hack or change the CEX.IO API Trading Partnership Program or API technology. CEX.IO may throttle User’s use of the APIs at any time. CEX.IO may monitor User’s use of the APIs for compliance with these rules. CEX.IO may deny access to the APIs to any third party if this third party tries to go around or exceed the limitations CEX.IO set or breaches CEX.IO’s Terms of Use or any other Policy.

7.10. The API is provided 'as-is' and on an 'as-available' basis. That means CEX.IO does not provide warranties of any kind, either express or implied, including but not limited to merchantability and fitness for a particular purpose.

7.11. The User agrees that all actions conducted in his/her account are recognized as having been made on behalf of the User and on his/her own discretion. If the User becomes aware of any suspicious or unauthorized use of his/her account(s) or login credentials, please notify us immediately at support@cex.io.

8. THE USER'S ACCOUNT INFORMATION

8.1. 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 information as prompted by the registration process and to keep such information updated.

8.2. CEX.IO may conduct periodic reviews of the User account information as mandated by CEX.IO regulators. To ensure compliance with the applicable regulations, CEX.IO must represent that the personal information and account information used to compile the User customer profile is up to date and accurate. CEX.IO may use the Account information that CEX.IO has on file for the User to contact the User regarding any issues with the Account.

8.3. To ensure that the User receives all communications, CEX.IO asks that the User agree to notify CEX.IO of any changes to the User's personal or account information as soon as possible. If communication using the information the User has provided to CEX.IO becomes incorrect or is returned as undeliverable, CEX.IO reserves the right to temporarily freeze the account until accurate information is provided to CEX.IO.

8.4. The User is allowed to register only one Account on the Platform. Thus, any additional Account created by the same User may be suspended or closed.

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

8.6. The User agrees that he/she will not use any Account other than their own.

8.7. The User agrees that he/she will not access the Account of any other User at any time or assist others in obtaining unauthorized access to any other User account.

8.8. CEX.IO reserves the right to recommend limiting the amount of Account funding/deposit/withdrawal. CEX.IO may recommend daily, monthly, and per-transaction amount limits.

8.9. The User acknowledges that email shall not be regarded as a secure method of communication and should never be used for transmitting Personal Information.

8.10. Creation or use of additional User Accounts without obtaining prior express permission from CEX.IO will result in the immediate suspension of all respective Accounts, as well as all pending buy/sell orders, if any. Any attempt to create multiple User Accounts or to assist others (Users or other third parties) in doing so, 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, including referral to applicable governmental authorities.

8.11. Any multiple User Accounts created that attempt to utilize brokerage and similar services, may be prohibited by CEX.IO in its sole discretion, from the Withdrawal of Cryptocurrency with the aim to counter possible fraudulent actions. At the same time, the User may use other Services (trade, Fiat currency/Cryptocurrency Deposit, Withdrawal in Fiat currency, and others).

9. INTELLECTUAL PROPERTY RIGHTS

9.1. 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.

9.2. 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.

9.3. 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 legal@cex.io.

10. DATA COLLECTION

10.1. To understand how CEX.IO collects and processes Personal Information please visit our Privacy Policy which may be amended from time to time.

11. ACCOUNT SECURITY

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

11.2. CEX.IO personnel will never ask the User to disclose his 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).

11.3. It is obligatory for the User to change his/her password every 3 (three) calendar months on a regular basis 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.

11.4. 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 at support@cex.io without undue delay upon becoming aware of any loss, theft, misappropriation, or unauthorized use of User’s 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 any appropriate government agency to report the incident.

11.5. The User must take reasonable care to ensure that his/her email account(s) are secure and only accessed by the User, as his/her email address may be used to reset passwords or to communicate with the User about the security of the Account. CEX.IO cannot be liable for the breach of an email account resulting in an unauthorized Transaction executed without proper confirmation. Should the email addresses registered with the User’s Accounts be compromised, the User should, without undue delay after becoming aware, contact Support Service at support@cex.io as well as contact his/her email service provider.

11.6. 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.

11.7. Additional products or services accessed by the User uses may have additional security requirements and the User must comply with those security requirements as well.

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

11.9. CEX.IO maintains multi-vector security settings to protect User’s assets and CEX.IO ecosystem from bad actors. We closely monitor the potential vulnerability of Users who may be more likely a target for fraudsters and/or susceptible to fraud.

11.10. In Section 12 we set out our rights and User’s obligations for the provision of reasonably verifiable information to ensure the legitimacy of User’s Account and CEX.IO’s commitments to uphold its regulatory obligations in knowing its customers (KYC) and understanding their CEX.IO transactions (KYT).

11.11. CEX.IO reserves the right to require a 'live' communication by webcam or 'liveness check' via User’s mobile phone with User to confirm any details or respond to the User’s customer services requests. Such requests will only ever be made via in-app chat or from a CEX.IO domain email.

11.12. CEX.IO is aware that scammers can potentially target any exchange customers with fake sites and fake customer service provision. You therefore agree to check any incoming messages to you which appear to originate from CEX.IO by checking the originating email address and website address; no variations should be accepted by the User other than a cex.io suffix/domain. If you are unsure, never click on any suspicious link and contact CEX.IO with your User number on support@cex.io for support. CEX.IO will never seek 'remote access' to your account; if you are asked by anyone purporting to be from CEX.IO to supply access to your screen, immediately halt communications, change your password and contact Customer Services to advise us you may have been targeted by a scammer.

11.13. CEX.IO will aim to support any Account restrictions the User wishes to put in place from our 'Additional Customer-Driven Security Options'. These may change from time to time, but include:

  • limit alerts
  • sending restrictions
  • two-factor authentication
  • pre-transaction
  • re-verification/advance advice; and other measures.

11.14. You agree that changes to your Account settings which reduce your security may require verification to ensure we are engaging with you as a legitimate User.

11.15. You agree to inform us, in advance, by email to support@cex.io if anyone is 'helping' you run your Account, in particular if you engage with or are considering any services of any broker, dealer or individual who holds themselves out as an investment adviser.

12. THE USER VERIFICATION

12.1. Identification and verification procedures (also known as 'Know Your Customer' or 'KYC') are required for all Transactions. All new and existing Users of the Platform must pass the verification procedures. 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 procedures, CEX.IO reserves the right to immediately terminate the Services provided to the User.

12.2. The User undertakes to provide CEX IO with authentic and relevant documents and personal information. Where a User provides counterfeit documents or false personal information, we may report this to the relevant governmental authorities and shall be entitled to withhold any return of funds until the user has supplied authentic and verifiable mitigating information.

12.3. The User hereby authorizes 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 Information transferred will be limited to only the data that is strictly necessary and will only be transmitted with security measures in place to protect the data.

12.4. CEX.IO has also the right to request the User to provide additional verification documents even if the User has already passed the verification process to ensure the effective implementation and enforcement of CEX.IO’s AML/KYC Policy and applicable regulatory requirements. If User does not respond to such requirements in a timely manner CEX.IO has a right to limit its services or to stop providing them until requirements are met.

12.5. In order to use any of the Service(s), you must first register to use the Service(s) by providing your email and/or mobile phone number, full name, date of birth, residential address, government identification number, taxpayer identification number and other personal or company information to verify your identity, as well as an affirmation regarding the source of your digital assets and/or fiat currency, along with affirming these Terms.

12.6. You agree to provide us accurate and authentic information we request at registration and on an ongoing basis for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime, including without limitation a copy of your government issued photo ID, or evidence of residency such as a lease or utility bill.

12.7. If any information provided by the User changes, it is the User’s obligation to provide to CEX.IO such updated information as soon as possible. We may, in our sole discretion, refuse to allow you to register to use the Service(s) or limit Users from registering multiple accounts (as described above). By registering an account with CEX.IO, you agree and represent that you will use that account only for yourself, and not on behalf of any third party, unless approved by CEX.IO. If you plan to use the Service(s) on behalf of a legal entity, such a legal entity shall register a corporate account with CEX.IO and you shall not use your individual account for business purposes.

13. ACCOUNT INVESTIGATIONS

13.1. The User agrees and acknowledges that based on CEX.IO's regulatory obligations, CEX.IO has a duty to investigate any activity that may be unusual, suspicious, and/or in furtherance of an attempted violation of applicable law or CEX.IO Policy.

13.2. During the course of CEX.IO’s account investigation, CEX.IO may: (1) freeze a User Account and all Accounts beneficially owned by the User and any members of such User’s household, or for which the User is a representative or authorized signatory and, in the case of entities, any affiliate; (2) freeze any Funds or assets in the Account while the investigation is being conducted; (3) suspend the User’s access to CEX.IO Services or any affiliated CEX.IO Platforms, until a determination has been made, if we suspect, in our sole discretion, you and/or any related accounts under common control to be in violation of: (i) any provision of these Terms of Use; (ii) the AML/KYC Policy; (iii) any applicable laws or regulations by any of CEX.IO's regulators; (iv) any of CEX.IO's applicable Policies as incorporated by reference herein.

13.3. The User further agrees and understands that until a final determination or conclusion of the account investigation occurs, CEX.IO may freeze or suspend the User’s Account, including but not limited to, under the following scenarios:

  1. (I) The Account, or authorized User is subject to any pending litigation, investigation, or governmental proceeding.
  2. (II) The Account or authorized User is a named person being investigated by a regulatory authority, subject to a court order, facially valid subpoena, or binding order of a government authority.
  3. (III) The account has a negative balance for any reason.
  4. (IV) We believe an unauthorized person is attempting to access the User’s Account.
  5. (V) There is unusual or suspicious activity on the Account.
  6. (VI) The User’s Account has been accessed from a sanctioned jurisdiction or a jurisdiction CEX.IO is not authorized to operate.

14. ACCOUNT CLOSURE

14.1. At any time, the User may provide written notice requesting that his Account be closed. Any User seeking Account closure will receive written confirmation by CEX.IO affirming such a request; however, account closure will not end any open investigation into a User's Account or prevent the reporting of any suspicious activity to the relevant governmental authorities.

14.2. The User agrees and understands that closing the Account will not affect any rights and obligations incurred prior to the date of the Account closure. The User may be required to either cancel or complete all open orders and, in accordance with the provisions of these Terms of Use, provide transfer instructions indicating where to transfer any Fiat currency and/or Cryptocurrencies remaining in the User’s Account. The User is responsible for any fees, costs, expenses, charges, or obligations (including, but not limited to, attorney and court fees or transfer costs of Fiat currency or Cryptocurrencies) associated with the closing of his/her Account. In the event that the costs of closing of the User Account exceed the value in the User’s Account, the User will be responsible for reimbursing CEX.IO. The User may not close any of his Accounts to avoid paying any fees incurred or to avoid any examination related to CEX.IO’s AML/KYC Policy.

15. TRANSACTIONS

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

15.2. The User recognizes that an Order should only be submitted after careful consideration and conducting the User’s own research. The User further understands and accepts the consequences of an Order’s 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 Buyer and the Seller and will be considered to have taken place at the execution date and time.

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

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

15.5. Minimum and maximum Order amounts may vary for each trading pair and can be seen on the Trade Page when placing an Order.

15.6. 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.

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

15.8. If the User discovers transaction unusual 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 the investigation.

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

15.10. The minimum Deposit amount for Ethereum (ETH) is 0.001, for other Cryptocurrencies, such as Bitcoin (BTC), Bitcoin Cash (BCH), 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.

15.11. 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.

15.12. CEX.IO reserves the right but not an obligation at the User’s request to recover in certain situations incorrectly sent by the User to its CEX.IO account Cryptocurrency Deposit. Detailed process and all conditions of such recovery together with the Application Form are available here.

15.13. The User acknowledges and agrees that the attempt to recover the incorrectly sent Cryptocurrency Deposit incurs a non-refundable fee of 10% from the Cryptocurrency Deposit amount, but not less than 100 (one hundred) USD in your Deposit Cryptocurrency equivalent. This fee will be calculated from the original amount of the User’s Deposit and charged in the Deposits Cryptocurrency.

15.14. The User agrees that the CEX.IO team can start the Cryptocurrency Deposit recovery process only if the User has a sufficient amount of funds on its Account to cover this Cryptocurrency recovery fee.

15.15. The User acknowledges and agrees that this recovery fee will be charged regardless of the recovery outcome as the CEX.IO team uses significant resources to investigate the case, develop, and implement technical solutions.

15.16. The User acknowledges and agrees that the decision to recover a Cryptocurrency Deposit incorrectly sent by the User remains fully at the sole discretion of the CEX.IO team, as it will investigate every case and estimate whether or not it can attempt to recover these funds.

15.17. CEX.IO also reserves the right but not an obligation at the User’s request to recover in certain situations incorrectly sent by the User Fiat Withdrawals in a case when: a) the User made a mistake in bank details or b) the beneficiary's bank is in a high-risk area. Detailed process and all conditions of such recovery together with the Application Form are available here.

15.18. The User acknowledges and agrees that the attempt to recover the incorrectly sent Fiat Withdrawals incurs a non-refundable fee in the amount of 50 (fifty) USD.

15.19. The User agrees that the CEX.IO team can start recovering Fiat incorrectly sent by the User only in instances where the User has the sufficient amount of funds on its Account to cover this fiat recovery fee.

15.20. The User acknowledges and agrees that this recovery fee will be charged regardless of the recovery outcome as the CEX.IO team uses significant resources to investigate the case.

15.21. The User acknowledges and agrees that the decision to recover Fiat Withdrawals incorrectly sent by the User remains fully at the sole discretion of the CEX.IO team, as it will investigate every case and estimate whether or not it can attempt to recover these funds.

15.22. A complete record including; trading activity, pending Transactions, Deposits, and Withdrawals, as well as the User Fiat and Cryptocurrency balance of the User Transaction history is available in the User CEX.IO Account(s). The User acknowledges and agrees that no representation in his Transaction history should be considered a valuation. CEX.IO uses all reasonable and commercially viable efforts to ensure that the User transaction history is accurate.

16. MAINTENANCE AND STORAGE FEES

16.1. If more than twelve (12) months elapsed without the User signing into his/her Account or without making a 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 may qualify this Account as inactive and has a right to nullify the User Account and assess the non-refundable Maintenance fee upon thirty-one (31) days prior email notification to the User. Inactive Accounts with zero balances shall be deactivated.

16.2. If more than twenty-four (24) months elapsed 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 may qualify this Account as dormant and transfer its balance into CEX.IO’s special segregated in order to secure the User’s Funds upon 31 (thirty-one) calendar days prior email notification to the User. The Account shall be deactivated.

16.3. 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’s special segregated account, the User’s balances will be transferred back to the User’s Account once it has been reactivated.

16.4. 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.

16.5. 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 the 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 7 (seven) calendar days prior notice in writing to the User by email of its intention to cease to support that particular Cryptocurrency.

16.6. CEX.IO’s prior notice obligation mentioned in Clauses 16.1, 16.2, 16.5, and 16.10 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 CEX.IO’s newsletter or marked CEX.IO’s emails as “spam” and for this reason did not receive CEX.IO’s notices.

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

 

usd.svgeur.svggbp.svgUSD, EUR, GBP2 per day
rub.svgRUB100 per day
bch.svgBCH0.003 per day
bcha.svg
BCHA1 per day
bsv.svg
BSV1 per day
btc.svgBTC0.003 per day
btg.svg
BTG0.5 per day
dash.svg
DASH0.003 per day
eth.svg
ETH0.06 per day
gala.svg
GALA200 per day
ltc.svg
LTC0.4 per day
gala.svg
pGALA6000 per day
prmx.svg
PRMX400 per day
qash.svgQASH10 per day
xlm.svg
XLM1 per day
xrp.svg
XRP1 per day
xsgd.svg
XSGD6.84 per day

 

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

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

16.10. 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 7 (seven) calendar days prior notice in writing by email of its intention to change the Storage fee and/or the way in which it is charged.

17. DOUBLE SPENDING

17.1. Should a User receive an amount exceeding the withdrawal amount requested by the User pursuant to the Platform’s technical problem/error/glitch, the User undertakes to immediately notify CEX.IO and to return the excess amount to the User’s CEX.IO Account. In such instances, the User agrees that CEX.IO has a right to unilaterally withdraw this excess amount from the User’s CEX.IO Account without notification.

17.2. Should CEX.IO become aware of such Platform’s technical problem/error/glitch and that the User has received the amount exceeding the requested withdrawal amount, the User acknowledges and agrees that CEX.IO has a right to switch off withdrawals on the User’s CEX.IO Account.

17.3. When CEX.IO became aware of such Platform’s technical problem/error/glitch and requested the User to return the excess amount to his CEX.IO Account, but the User does not return the requested Funds within 60 (sixty) calendar days, CEX.IO reserves the right to unilaterally sell the User’s Cryptocurrency that it has in its CEX.IO Account in the necessary proportional amount at any moment thereafter by market order and to use the proceeds to set off the debt that the User owes to CEX.IO.

17.4. CEX.IO has a right to claim the full cover of the exceeding amount using all available legal options, including by selling a User’s Cryptocurrency.

18. CRYPTOCURRENCIES LISTED ON CEX.IO

18.1. The User understands that CEX.IO does not own or control the underlying software protocols of Cryptocurrency networks that govern the operation of Cryptocurrencies. In general, the underlying protocols are open source, and available to anyone who can use, copy, modify, and distribute them. The User agrees and understands that: (i) CEX.IO is not responsible for the operation of the underlying protocols, and (ii) CEX.IO makes no guarantees regarding their security, functionality, or availability. The User further acknowledges that CEX.IO performs extensive due diligence before supporting a Cryptocurrency on the Platform in accordance with its listing procedures. The User acknowledges and understands that CEX.IO may choose to support or delist Cryptocurrency in its sole discretion.

19. FORKS OF SUPPORTED CRYPTOCURRENCY

19.1. The User agrees and understands that the underlying protocols of supported Cryptocurrencies are subject to changes in the protocol operating rules. Such an event may lead to a “Fork” whereby the network protocol may disagree on the proposed change in protocol, thereby resulting in only part of the network adopting the new protocol with the result that the network will bifurcate into different blockchains with one adopting the new protocol and the other rejecting the proposed protocol. Although each potential Fork is different, it may result in more than one version of the blockchain or Cryptocurrency following the Fork. The User further agrees and understands that Forks may substantially affect the value, function, and transaction speed of the Cryptocurrencies the User holds at CEX.IO. CEX.IO will use reasonable discretion to determine which Forked blockchain is supported by the greatest number of miners and users, and to determine which Forked blockchain may be supported.

19.2. In the event of a Fork, the User agrees and understands that CEX.IO reserves the right to temporarily suspend the operations of the affected network protocols, while we determine, in our sole discretion, which, if any, Forked blockchain to support. As each Fork is different, the User agrees and understands that the determination made by CEX.IO in regard to the Forked blockchain is under no time constraints or deadlines, and our determination to support, or not support, a Fork may be changed at our sole discretion. Under certain circumstances, if a Fork is not supported, the Cryptocurrencies resulting from the unsupported blockchain may become the property of CEX.IO. The User agrees and acknowledges that prior to any Fork, the User has the right to withdraw the User’s Cryptocurrencies and retain the unsupported blockchain at the User’s own discretion, bearing the sole responsibility for any risks incurred.

20. STAKING

20.1. CEX.IO allows the User to participate in the Transaction validation process (hereinafter - «Staking») on 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.

20.2. CEX.IO operates the software and infrastructure necessary to run a validator node on the PoS blockchain networks. During the times that CEX.IO validator is selected on a network to run a validator node, CEX.IO provides services explained as Staking. CEX.IO offers Staking Services for the Users as a custodial solution and non-custodial Staking to whoever connects to the validation node on the chain.

20.3. CEX.IO acts as a node operator or validator on the PoS blockchain networks, which allow the holders of applicable token to become delegators. When delegating, participant stakes a token and delegates the voting powers attributable to such a staked token to CEX.IO acting as a validator. This allows CEX.IO to participate in the governance of selected blockchains. All decisions made by CEX.IO related to the PoS blockchains are exempt from any disputes from the delegators.

20.4. Non-custodial Staking requires delegating to CEX.IO validation nodes a certain amount of certain tokens. Such delegation shall not involve the transfer of any tokens from the delegator to CEX.IO or vice versa, and any delegated token shall at all times remain the property of, and under the control of a delegator. The delegator can unstake his tokens at any time from the CEX.IO validation node. Each PoS network has its own rules about the unbonding or lock-up period, meaning the tokens might not be unstaked instantly. CEX.IO as a validator has no control over this time period meaning the delegator itself would bear any financial risk from price fluctuations. The delegator acknowledges that he remains in full control of his keys, seed phrases, and should be the sole responsible for the security of his own digital assets. Providing a non-custodial service, CEX.IO does not have any control over the tokens of the delegators and will not be able to recover these tokens in case of theft or loss.

20.5. 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.

20.6. CEX.IO 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.

20.7. The yield earned by the Users is determined by, and subject to the rules of the PoS blockchain, which may be changed or modified by such PoS blockchain at their sole discretion. CEX.IO has no control over, nor will CEX.IO be liable for, any change made by any PoS blockchain.

20.8. Unless otherwise specified, the rewards are usually calculated and updated every hour, and sent to your account once per month. Please refer to the CEX.IO Earn Service product page for specific annual yield and rewards information for each PoS blockchain. Staking services may not be available to Users in all jurisdictions.

20.9. The tax treatment of Staking rewards is uncertain, and it is the responsibility of the User to determine what taxes, if any, arise from receiving Staking rewards. The Users are solely responsible for reporting and paying any applicable taxes arising from Staking. The User acknowledges that CEX.IO does not provide investment, legal, or tax advice to the User in connection with such election to participate in Staking. The Users should conduct their own due diligence and consult their own advisors before making any decision to participate in Staking.

20.10. The User understands and accepts the following risks that may arise and the related losses the User may incur from using Staking, including without limitation:

  • The User may have exposure to risks on the third-party platforms which may result in losses;
  • High price fluctuations of cryptocurrencies can result in significant losses in a short period of time;
  • Technical anomalies may occur, which may delay or prevent you from using Staking or performing related transactions, resulting in losses;
  • The annual percentage yield ('APY') and annual percentage rate ('APR') indicated on the Platform for each cryptocurrency is not guaranteed and can be changed at any time due to changes on a blockchain, which may result in not gaining expected rewards.
  • Market anomalies and unforeseen events may occur, which may result in losses;
  • User hereby warrants that the User has the necessary experience and knowledge to use Staking and understands and acknowledges the potential risks of using Staking. Users should carefully consider and evaluate their financial condition along with the above-mentioned risks before making any decision to use Staking.

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

21. CEX.IO INSTANT BUY

21.1. The CEX.IO Instant Buy is an offer to purchase Cryptocurrencies in a single-click transaction, subject to our current fees for purchasing Cryptocurrencies. The Cryptocurrency available for Instant Buy is made available by CEX.IO at its sole discretion.

21.2. All pricing or performance data related to the Instant Buy is for informational purposes only. The Instant Buy is not an offer to purchase any single security, investment, or financial instrument. The Instant Buy offer is not a recommendation to buy, sell or hold any Cryptocurrency or any amount of Cryptocurrencies and does not constitute investment advice, financial advice, or trading advice.

22. TRANSACTION FEE

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

22.2. Prior to trading, the User must consider 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 by publishing updates on the Fee Schedule page.

22.3. 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.

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

22.5. The minimum and maximum price, as well as the minimum and maximum Order amount, varies for each trading pair and can be seen on the Trade Page when placing an order.

22.6. For specific types of Orders, the Transaction fee may differ from those published on the 'Fee Schedule' page. The Transaction fee rate shall be disclosed before the Order execution.

22.7. The Transaction fee, other charges, as well as the charging 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.

22.8. The User acknowledges and agrees that every Cryptocurrency network can deduct its own network fee.

22.9. CEX.IO may charge network fees, sometimes called miner fees, to process Cryptocurrency Transactions on the User’s behalf. CEX.IO will calculate the network fee at its discretion.

22.10. Bank fees charged to CEX.IO are netted out of transfers between CEX.IO and its banking partners. The User may be responsible for additional fees charged to the User based on the User’s individual customer agreement with his financial services provider.

23. TRADING FEE BALANCE AVAILABLE ON THE CEX.IO SPOT TRADING PRODUCT

23.1. At its sole discretion, CEX.IO may offer Users an incentive, in the form of a trading fee balance credited to a User, to use the CEX.IO Spot Trading platform. The trading fee balance is conditional, limited in size and in use. 

23.2. Specific conditions (requirements) fulfillment of which may grant the User the trading fee balance (hereinafter - “Trading Fee Balance”) are up to CEX.IO and subject to change without notice. The total Trading Fee Balance may consist of several parts, granted upon fulfillment of specific conditions, with separate expiration dates or remaining open-ended. Specific mechanics of how each specific Trading Fee Balance is granted, including but not limited to the landing page address, timing of the Trading Fee Balance delivery, are also up to CEX.IO and subject to change without notice. 

23.3. The mechanics and conditions to getting the Trading Fee Balance may include a few steps, e.g. corresponding to the User’s onboarding on the Platform, each of which may be rewarded with a separate Trading Fee Balance. The participation may include the need to opt-in. If opt-in is included as a condition to participation, only steps completed after the opt-in on the dedicated landing page count towards the potential eligibility for the Trading Fee Balance.  Steps completed prior to the opt-in, when the opt-in is required, do not count towards the potential eligibility for the Trading Fee Balance.

23.4. The Trading Fee Balance can be issued  in the form of a trading fee discount within the CEX.IO Spot Trading product of a specific value in Tether (“USDT”) (or any other cryptocurrency) held on the User’s account, separate from the User's CEX.IO Spot Trading usual account balance. 

23.5. Depending on the type, the Trading Fee Balance may have either a specified expiration date or be open-ended. Please refer to the expiry date on the individual Trading Fee Balance that can be found on the User’s “Finances” page in the trading terminal.

23.6. In case the specific Trading Fee Balance has an expiration date, then after the expiry date, the remaining unused Trading Fee Balance will expire and be burned without the possibility of its further use. Any orders active after the expiration of a specific Trading Fee Balance  will be fulfilled at the applicable fees charged from the User's other available Trading Fee Balances, if any. If no other specific Trading Fee Balance is available to the User, the applicable fees will be deducted from the User's CEX.IO Spot Trading usual account balance.

23.7. In case the User receives an open-ended Trading Fee Balance, the User will be able to use the Trading Fee Balance on CEX.IO Spot Trading until the User spends it. Notwithstanding the above, the User agrees that CEX.IO reserves the right to unilaterally terminate such Trading Fee Balance and write off the unused portion of the Trading Fee Balance allocated to the User’s CEX.IO Spot Trading account.

23.8. The User is able to check his/her available Trading Fee Balance and its parts, if applicable, on the User’s “Finances” page in the trading terminal.

23.9. In case when, for example, the User has X amount of USDT on the Trading Fee Balance, and a trading fee for the order is Y amount of the second currency of a trading pair chosen (for example, for the ETH/BTC trading pair the fee will be calculated in BTC), then the equivalent of Y amount will be withdrawn from the User’s CEX.IO Spot Trading Fee Balance at the CEX.IO Spot Trading’s current applicable spot market rate, which may be volatile.

23.10. In case the Trading Fee Balance can only cover a portion of the applicable trading fees on the CEX.IO Spot Trading product, then the portion of the trading fees will be covered by the Trading Fee Balance, while the remaining trading fees will be charged as usual from the User’s CEX.IO Spot Trading account’s balance.

23.11. If there is another unexpired Trading Fee Balance on a User’s CEX.IO Spot Trading’s account, this balance will be used automatically towards the applicable CEX.IO Spot Trading fees.

23.12. Trading Fee Balance can only be used as a discount towards applicable trading fees on CEX.IO Spot Trading. Trading Fee Balance cannot be traded, exchanged, transferred, or withdrawn for equivalent currency or equivalent digital assets. The Trading Fee Balance can be used only to cover trading fees of the CEX.IO Spot Trading and no other CEX.IO products.

23.13. In the event of CEX.IO and/or CEX.IO Spot Trading initiates Platform and/or Service maintenance, repairs, upgrades, or any Force Majeure Event (as specified in the Terms of Use), the Trading Fee Balance may be suspended for a period of time until CEX.IO and/or CEX.IO Spot Trading resumes or is reasonably expected resume its Service.

23.14. CEX.IO may change, extend, freeze, terminate, cancel, or retrieve (write off) the Trading Fee Balance before the expiration date and the open-ended Trading Fee Balance, whether or not with notice. This may happen for several reasons, including, but not limited to, a violation of the Terms of Use or other legal documentation and/or Policy by the User, potential services abuse, a risk of money laundering and/or other suspected illicit activities, and/or other activities or behaviors. These, in CEX.IO’s sole and absolute discretionary power, may disqualify the User for the Trading Fee Balance, and/or may deem the User unfit to participate further in this promotion.

23.15. In order to comply with local regulations, certain features may not be available or may become unavailable in the User’s region.

23.16. For more information regarding the CEX.IO Spot Trading product’s Trading Fee Balance functionality please refer to CEX.IO Help Center.

23.17. While the Trading Fee Balance represents a discount to the CEX.IO Spot Trading fees, the User should determine any potential individual tax obligations and possibly seek independent tax advice. 

23.18. The terms and conditions of this section do not apply to Users from the UK.

24. ONE-CLICK TRANSACTION AGREEMENT

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

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

24.3. You certify that you are an authorized holder of a credit card. By accepting this Agreement, you agree to contact us via finance@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.

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

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

24.6. 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 Site, you confirm and state that you do not violate legislation of any country. Also, by accepting this Agreement (and Terms of Use), you, as the cardholder, confirm that you are entitled to use Services offered via the Site.

24.7. By starting to use the Site’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 unauthorized violation.

24.8. By agreeing to use the Site’s services, you understand and accept that processing of any of your payments is 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.

24.9. 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 using 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 th Site using email: finance@cex.io.

24.10. The 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 authorization of the payment with your payment card. The 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 Site by using your payment card. When you pay for any of the Site’s goods and/or services, you are primarily bound by the Site’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 Site and for any additional expenses/fees that can be applied to this payment. The payment service provider acts only as the executor of the payment in the amount stated by the Site, and it is not responsible for pricing, total prices, and/or total sums.

24.11. 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.

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

24.13. You agree on the usage of e-mail communication.

24.14. 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 Site using email: finance@cex.io.

25. ROUNDING POLICY

25.1. CEX.IO uses the Rounding Policy in the favour of the Platform on all financial transactions. CEX.IO rounds Fiat currencies to the second digit after the separator. The Rounding Policy for Cryptocurrencies varies depending on Cryptocurrency.

25.2. 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 the next whole unit in accordance with the Rounding standards.

26. ILLEGAL TRANSACTIONS

26.1. 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.

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

26.3. 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 organizations glorifying war or violating human dignity;
  • any goods or services, promotion, offer or marketing of which would violate copyrights, industrial property rights or other rights of any person;
  • 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;
  • any other illegal goods, services or transactions.

27. TERMINATION OF THE TERMS OF USE

27.1. The User may terminate the Terms of Use by closing his Account at any time, following settlement of any pending transactions.

27.2. 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 the 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 the 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.

27.3. 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.

27.4. The suspension of the Account shall not affect the payment of the Transaction fees due for past Transactions. Upon termination, the User shall provide 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.

27.5. 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.

28. SERVICES AVAILABILITY

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

28.2. 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.

28.3. CEX.IO will use reasonable endeavors 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. You may always check the status of CEX.IO at any time. CEX.IO is not liable or responsible for any damages incurred by you as a result of maintenance or downtime.

29. API, WIDGETS, AND MOBILE APPLICATIONS

29.1. API requests are limited to 600 requests per 10 minutes. If this limit is exceeded, it may result in a 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.

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

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

30. FINANCIAL OR LEGAL ADVICE

30.1. 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. The Users should conduct their own research regarding Cryptocurrencies.

31. TAXATION

31.1. The User undertakes to pay all of his/her taxes and duties resulting from the use of CEX.IO Services, and should be paid according to the regulations of the User’s jurisdiction of residence.

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

32. NOTICES AND COMMUNICATION

32.1. 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.

32.2. The User expressly agrees to receive any notices in electronic form and to be bound by them, as required by the Terms of Use.

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

33. GOVERNING LAW AND DISPUTE RESOLUTION

33.1. These Terms of Use shall be governed by and construed in accordance with the Republic of Lithuania’s laws, 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 jurisdiction of the Republic of Lithuania courts, as the Court of the 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.

34. LIMITATION OF LIABILITY

34.1. 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 ACKNOWLEDGES 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 THESE TERMS OF USE OR THE USER'S USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

34.2. CEX.IO will not be liable for the Transactions, initiated by the User, below the prescribed limits, as stated in clause 15.10. hereof.

35. INDEMNITY

35.1. 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 another 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.

36. MODIFICATIONS AND AMENDMENTS

36.1. 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.

37. FORCE MAJEURE

37.1. 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 (including but not limited to any act of war), change of law, or a 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.

38. LINKS TO THIRD-PARTY WEBSITES

38.1. 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.

39. SEVERABILITY

39.1. If any provision of these Terms of Use shall be determined to be invalid or unenforceable under any rule, law, or regulation of any local, state, or federal government agency, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of these Terms of Use shall not be affected.

40. NO SOLICITATION

40.1. None of the representations made by CEX.IO herein constitute an offer to buy or sell or a solicitation of an offer to buy or sell investments, loans, securities, partnership interests, commodities, or any other financial instruments of any kind. CEX.IO makes no representation or warranty, express or implied, to the extent not prohibited by applicable law, regarding the advisability of investments of any kind.

40.2. Any of the content on any of the Site or mobile applications do not necessarily reflect the views of CEX.IO as a whole, its directors, officers, employees, shareholders, or any part or member thereof.

41. CHANGE OF CONTROL

41.1. In the event that CEX.IO is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control. For more information, please refer to CEX.IO’s Privacy Policy.

42. NON-WAIVER OF RIGHTS

42.1. These Terms of Use shall not be construed to waive rights that cannot be waived under applicable state money transmission laws in the state where you are located.

43. ENTIRE AGREEMENT

43.1. The User unequivocally agrees and understands that these Terms of Use collectively memorialize the relationship and agreement by and among you and CEX.IO. These Terms of Use entered into by the User and CEX.IO, supersedes all prior discussions, agreements, or correspondence of any kind.

44. LANGUAGE

44.1. The Terms of Use may be posted in multiple languages. If there are any discrepancies, the English version shall prevail.

45. CONTACT US

45.1. If you have any questions relating to the Service, the Site, your Account or any other matter, please, contact us by live chat on the Site.

45.2. 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 please, contact legal@cex.io.

45.3. Additional resources may be found through our Help Centre.

Last update: 1st of February, 2024

 

In addition to the Services described in the Terms of Use, the following Virtual Card services may be made available by CEX.IO to Users that fulfil certain eligibility criteria. The provisions for Virtual Card services herein apply to your use of such service, in addition to the other applicable provisions as specified in CEX.IO’s Terms of Use. If you do not use Virtual Card service, then Virtual Card Terms do not apply to you.


 

1. Definitions

In these Virtual Card Terms, the following words and phrases have the meanings shown next to them:

Account: means an account registered by the user on the CEX.IO platform.

Authorisation: means the process of checking the available funds on a card in order to reserve funds for a purchase.

Available Funds: means the balance of funds in the account that the user may freely dispose of, using the card.

Blocking the Card: means temporary or permanent suspension of the possibility of making card transactions.

Card Issuer/ Quicko: means the company Quicko sp. z o.o. that provides card services to CEX.IO users under the licence of National Payment Institution number IP52/2021.

Card Cancellation: means irrevocably preventing card transactions with the use of the card.

Card Transaction: means initiated by the cardholder transaction that can be performed using the card.

Cardholder: means CEX.IO’s authorised user to whom a card is issued.

CEX.IO mobile application: means a software application developed by CEX.IO specifically for use on small, wireless computing devices, such as smartphones and tablets, rather than desktop or laptop computers.

CEX.IO’s Terms of Use: means the rules, specifications, and requirements for the use of CEX.IO’s products and services.

Crediting the Account: means increasing the balance of available funds on the account in any manner permitted under CEX.IO’s Terms of Use and Framework agreement of Quicko application.

Fees: means a variety of charges that can be raised for purchase and ongoing use of the card available at Limits and Commissions Table.

Issuance of a Card: means a service consisting in issuing a payment card referred to in Art. 2 item 15a of the UUP.

Merchant: means an entrepreneur who accepts payments for goods and services using payment cards.

NFC module: means a small transmitter/receiver that enables communication between two electronic devices over a distance of 4 cm (1.57 in) or less.

Payment Order: means a cardholder’s statement containing an order to execute the card transaction.

Personal Information: means any information which identifies a user personally or which may help CEX.IO to identify the user (e.g. name, address, email address, trades, etc.).

PIN: means a four-digit confidential code used to identify the cardholder and to authorise card transactions made with use of devices reading the information contained in the card.

POS terminal: means an electronic device for processing card payments at retail locations.

Refund: means the payment amount that is returned to the card as a result of returning the goods for which payment was previously made using the card.

Transaction Limit: means either the maximum allowable number of card transactions or the maximum transaction amount carried out over a specified period of time authorised by the cardholder or the card issuer for the card transactions ordered.

Using the Card: means using the card, including card data, to initiate a card transaction.

UUP: means the Polish Act of 19 August 2011 on payment services.

Virtual Сard / Card: means a payment instrument in electronic form within the meaning of the UUP issued by Quicko sp. z o.o., enabling card transactions with the use of funds available on the account.

Other terms and definitions are used in the meanings established by CEX.IO’s Terms of Use and Framework agreement of Quicko application.

 

2. General provisions

2.1. These Virtual Card Terms apply to any holder of the Virtual Card (the “Cardholder” and the "Card" respectively) and govern the basis upon which you will be provided with the Card and your use of the Card. The Virtual Card Terms should be read in conjunction with the following documents: Terms and conditions of Quicko services, Quicko Privacy Policy and Framework agreement Quicko application.

2.2. CEX.IO EU VASP, UAB  (306186479), with its registered office address: Didžioji str. 18, Vilnius, Lithuania (hereinafter - “CEX.IO/we/us”), within the framework of cooperation with Quicko sp. z o.o. provides card services for Users issued by the company Quicko sp. z o.o., a company established under the laws of Poland, with its registered office in Tarnowskie Góry, at ul. Sienkiewicza 49, 42-600 Tarnowskie Góry, registered in the Register of Entrepreneurs of the National Court Register kept by the District Court in Gliwice, 10th Commercial Division of the National Court Register, under the KRS number 0000350151, NIP 5213540295, REGON 142004870, holding the licence of National Payment Institution number IP52/2021.

Quicko is authorised to provide payment services as a National Payment Institution (NPI), referred to in art. 60 s. 1 UUP. The current scope of services covered by the permit can be found here.

Quicko web address is https://quickowallet.com/ and it can be contacted by email -  support@quickwallet.com or by phone (24/7 hotline) +48 515 616 200.

2.3. The Card is a payment card in the form of a virtual card issued on demand of the Users who hold supported Digital Assets on CEX.IO platform.

2.4. The Card may be used for various Card Transactions as specified in these Virtual Card Terms and Framework agreement Quicko application.

2.5. CEX.IO is solely responsible for facilitating the sale of your Digital Asset when applicable, and transferring funds to your Account to enable payments.

2.6. Quicko is responsible for:

  • opening and maintaining payment accounts;
  • issuing and servicing payment cards;
  • execution of Card Transactions;
  • providing access to the payment services.

2.7. You may only use the Card for lawful transactions.

 

3. Applying for the Card

3.1. In order to be eligible to use the Virtual Card service you must satisfy the following conditions:

  • You must have a registered, active, fully identified and verified CEX.IO account according to CEX.IO’s Terms of Use and KYC procedures.
  • The Virtual Card is only available to eligible Cardholders, who must be residents of the European Economic area (EEA) countries.
  • You must have downloaded and installed the CEX.IO mobile application.

3.2. CEX.IO reserves the right to refuse to provide you with the Virtual Card without giving any explanation.

3.3. To receive the Card, the User must apply via the CEX.IO mobile application.

3.4. The Card is issued on the basis of the User's application for a card issuance, which the User places in his/her CEX.IO personal account of the CEX.IO mobile application.

3.5. The Card is issued only in the form of an electronic record and does not exist in the physical (plastic) form. Access to the card data (PAN, expiry date and CVC2/CVV2) is provided to the User via the CEX.IO mobile application.

3.6. The Cardholder can assign a PIN to the Virtual Card when making purchases at terminals, if the Merchant's internal policies and procedures require PIN verification of Card Transactions.

3.7. The Cardholder may use the Virtual Card to make contactless payments using the NFC module on mobile devices equipped with a NFC module.

3.8. If you apply for a Card, you agree that we may share personal information you previously provided to us under our Privacy Policy to verify your identity, with Quicko and with service providers acting on our behalf or on Quicko’s behalf solely to verify your identity or address, and/or to manage risk as required under applicable law. Personal information shared with Quicko will be treated in accordance with its Privacy Policy. If you object to the sharing of your personal information, or if Quicko is unable to verify your identity with the information provided by CEX.IO, your application for a Card will not be considered. We may refuse to facilitate processing of your application if we determine in our sole discretion that you are in breach of CEX.IO’s Terms of Use.

3.9. The Virtual Card can be used immediately upon receipt in case the User has sufficient Funds on the Account to carry out Card Transaction.


 

4. User’s obligations

4.1. The User has the following obligations:

4.1.1. to observe the procedures and instructions provided by CEX.IO Terms of Use, CEX.IO’s Virtual Card Terms and requirements described in Framework agreement Quicko application;

4.1.2. to inform CEX.IO and Quicko of any malfunctions that prevent performing Card Transactions;

4.1.3. to hold sufficient amount of Funds on the Account to settle commission, fees and carry out Card Transactions;

4.1.4. to immediately but no later than in 5 (five) calendar days notify CEX.IO if any material information on the User has changed;

4.1.5. to block the Card immediately after the Card was stolen, lost, or unauthorised third party obtained access to payment card data.

 

5. Using the Card

5.1. Only the Cardholder is entitled to perform Card Transaction with the Card.

5.2. The User may not request an additional Card for another person or add any authorised users to his / her account.

5.3. At the moment of ordering a Virtual Card, it is necessary to select the Digital Assets to be used for Card Transactions. The maximum number of assets is five (5).

5.4. The Virtual Card uses the available User’s balance of all assets that have been selected for the Card Transactions. When ordering the Card it is necessary to select the priorities of assets debiting at the moment of transactions. Subsequent transactions will automatically debit within the available balance on each asset. In case when a transaction has insufficient funds on one of the assets, the system automatically takes the deficiency amount from the asset selected by the client as the next one to be charged.

5.5. All balances on the assets linked to the Virtual Card can be used by the Cardholder in his sole discretion to the fullest extent permitted by these Virtual Card Terms, CEX.IO’s Terms of Use and Framework agreement of Quicko application. Binding of Digital Assets to the Card does not limit the use of Digital Assets in any way.

5.6. CEX.IO executes Card Transactions only up to the amount of Available Funds on the Account and the applicable Transaction Limit.

5.7. The Virtual Card allows the User to:

  • make non-cash Card Transactions at a distance in computer networks (so-called e-commerce payments);
  • make contactless payments using the NFC module in the event of pairing the Virtual Card with a mobile Device with access to NFC Technology on Android, Google Pay, Apple Pay devices.

5.8. The Virtual Card does not allow the User to:

  • make contactless payments from the POS terminals that do not support contactless payments and NFC module;
  • make cash deposits in a cash machine.

5.9. CEX.IO and the Card Issuer reserve the right to expand the functions of the Virtual Card in the future.

5.10. Your consent will be required in order to use the Card to make a Card Transaction. The consent may be given by entering the personal identification number (“PIN”) or providing Card details such as the Card number, expiration date, and three digit security code from the reverse side of the Card.

5.11. You are responsible for all authorised transactions initiated and fees incurred by the use of your Card. CEX.IO assumes that all Card Transactions are consented to, authorised and initiated by the Cardholder, unless proven otherwise. If you believe your Card details have been lost or stolen, or that an error or unauthorised transaction has occurred, you should block the Virtual Card immediately and contact support@cex.io and Quicko via support@quickwallet.com or by phone (24/7 hotline) +48 515 616 200. CEX.IO will not be liable for unauthorised transactions if you didn't block your Virtual card and didn't notify about potential fraud via communication channels mentioned above.

5.12. You may find details regarding Card Transactions that you have executed in your CEX.IO Account.

5.13. Depositing Digital Assets

5.13.1. You may deposit Digital Assets into your CEX.IO Account by making a transfer of Digital Assets currently accepted by CEX.IO. The list of Digital Assets that can be deposited is available on the Website.

5.13.2. You are solely responsible for the accuracy of the information you enter to make a deposit.

5.13.3. Funds added to your Account will not earn any interest.

5.13.4. The account balance for your Account is available on our CEX.IO mobile application.

5.13.5. The detailed conditions for deposit into your CEX.IO Account are set out in CEX.IO’s Terms of Use.

5.14. Exchanging Digital Assets

5.14.1. The Digital Assets exchange occurs automatically during the Card Transaction. The list of currencies supported by CEX.IO shall be available on the Website. CEX.IO does not guarantee that certain currencies or Digital Asset will be supported at any time in the future.

5.14.2. Digital Assets shall be exchanged based on the current exchange rate of the respective trading pair that can be volatile. When exchanging Digital Assets against Fiat currency, Digital Assets shall be debited, and Fiat currency shall be sent to the Merchant to cover your purchase.

5.14.3. An exchange can only be performed in respect of funds that you already hold in your Account. A fee will apply when CEX.IO performs a conversion, for more information, refer to Limits and Commissions Table.

5.14.4. CEX.IO reserves the right to impose limits on the amounts for the exchange or the number of exchanges you can perform at its sole discretion.

5.14.5. Once an exchange transaction has been approved, it cannot be reversed or cancelled. If an exchange transaction is cancelled, either in whole or in part, for any reason, the reversal of the conversion from Fiat currency to Digital Assets will not be carried out.

5.15. Paying with a Card

5.15.1. The maximum amount that can be spent on your Card is available at the Limits and Commissions Table. You may use your Card to purchase or lease goods or services anywhere Mastercard debit cards are accepted as long as you do not exceed the established limit.

5.15.2. CEX.IO has no liability if you are unable to complete a Card Transaction due to insufficient funds or exceeding the established limits.

5.15.3. Under normal circumstances, if any payment is attempted that exceeds the Available Funds on the Account the Card Transaction will be declined. In certain circumstances e.g. Digital assets volatility, a transaction may take your Account into a negative balance – this will normally be where the Merchant has failed to seek Authorization for the Card Transaction. In that case, providing that CEX.IO is satisfied that you have not deliberately used the Card in the manner that would result in a negative Account balance, CEX.IO shall grant the technical overdraft on Account to you.

5.15.3.1. The technical overdraft shall be granted by CEX.IO in the form of non-revolving overdraft. CEX.IO shall be entitled to grant on your Account the technical overdraft to the amount that is to be added to the balance of funds available in the Account in order to discharge your particular payment obligations.

5.15.3.2. The technical overdraft shall be deemed received at the moment of discharging your payment obligations.

5.15.3.3. The technical overdraft shall be repaid by you immediately on the day of origination of the same. If the technical overdraft is not recovered immediately after it arises by transferring funds to any assets linked to the Card, CEX.IO reserves the right to automatically cover the debt on the technical overdraft from funds on any other your assets available to CEX.IO.

5.15.3.4. Any transaction dispute should be referred to CEX.IO via support@cex.io and Quicko via appropriate channels as mentioned below.

5.15.3.5. In the event of a dispute an out-of-court settlement may be used, including (i) mediation, (ii) arbitration. The detailed information regarding the methods of settling out-of-court are available on UOKiK's website, at UOKiK contact point's phone: 22 55 60 332 or 22 55 60 333, and also via e-mail –by sending an e-mail to the address: kontakt.adr@uokik.gov.pl. CEX.IO reserves the right to use judicial methods to resolve the disputes.

5.15.4. Your Card cannot be redeemed for cash.

5.15.5. You may not use your Card for any illegal purposes, including but not limited to money laundering, terrorist financing, and other financial crimes according to the applicable law.

5.16. Card Transactions may be restricted, suspended or terminated with immediate effect in situations  where:

5.16.1. CEX.IO, in its reasonable opinion, required to do so by contract or by applicable law or any court or other authority to which we are subject in any jurisdiction;

5.16.2. CEX.IO reasonably suspects you of acting in breach of CEX.IO’s Terms of Use, these Virtual Card Terms, or the Framework agreement Quicko application;

5.16.3. CEX.IO has concerns that a Card Transaction is erroneous or about the security of your Card or your Account or we suspect the CEX.IO services are being used in a fraudulent or unauthorised manner;

5.16.4. CEX.IO suspects money laundering, terrorist financing, fraud, or any other financial crime;

5.16.5. Use of your Account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your Account activity.

 

6. Requirements for ensuring a secure Card usage

6.1. The Card can only be used by the Cardholder.

6.2. The Cardholder is obliged:

  • not to disclose to unauthorised persons, and to store and protect with due diligence the Card and its data and data required for Authorisation (e.g. PIN);
  • not to disclose Card details for purposes other than making Card Transactions - including not making them available to unauthorised persons and not to allow data or image to be copied;
  • not to store the Card together with the PIN, which should be understood as the unavailability of the PIN on a mobile phone or other device without the need to provide an additional login and password;
  • to immediately notify CEX.IO and Quicko about the fact of unauthorised use or access to the Card;
  • to perform on-going monitoring of the Account's debits and the balance of Available Funds in the scope of the Card Transactions made and to promptly report any inconsistencies or irregularities and to promptly notify CEX.IO and Quicko about the identified unauthorised, non-executed or improperly executed Card Transactions;
  • to, at the moment of cancellation of the Card, destroy of all media on which the PIN number was stored;
  • not to leave the Card’s data saved via any devices in a way that allows them to be used or read by unauthorised persons.

 

7. Fees and Charges

7.1. The issuance and maintenance fees along with any other applicable fees and charges are available at the Limits and Commissions Table.

7.2. All commission fees for the Card Transactions shall be debited by CEX.IO from the User’s Account. You can find a list of our fees and charges on our Limits and Commissions Table which are additional and separate from any fees and charges included in Framework agreement Quicko application.

7.3. The User is obliged to provide the Accounts with the funds necessary to cover the fees and commissions due. Lack of sufficient funds to cover fees and commissions can lead to debt. The debt should be repaid immediately.

 

8. Returns and Refunds

8.1. If you are entitled to a refund for any reason for goods or services obtained with your Card, the refund shall be processed in accordance with the terms set out in Framework agreement Quicko application and the refund policy of that Merchant (if applicable). Once a refund has been posted by the Merchant, we will arrange for it to be refunded to your CEX.IO Account.

8.2. Neither CEX.IO, nor Quicko shall be responsible for the delivery, quality, safety, legality, or any other aspects of goods or services that you purchase from others with a Card. All such disputes must be addressed and handled directly with the Merchant from whom those goods or services were provided.

 

9. Cancelling, blocking and expiration of the Card

9.1. The Card may be cancelled in the event that:

  • The Cardholder submits an effective statement of withdrawal from the Framework agreement Quicko application and CEX.IO’s Virtual Card Terms or other agreement that results in the automatic termination of the Card - immediately after receiving the Cardholder's statement in this regard;
  • The Cardholder submits an effective statement of termination of the Framework agreement Quicko application and/or CEX.IO’s Terms of Use or other agreement that results in the automatic termination of the Card - with effect on the date of expiry of the notice period;
  • CEX.IO and Quicko terminate their contractual relationships by mutual agreement - with effect as of the date indicated in this agreement with prior notification of the Cardholders;
  • The Framework agreement Quicko application or other agreement that results in the automatic termination of the Card expires for the reasons indicated therein - including as a result of the User's objection to changes in the respective agreement and in case of the User's death.

9.2. The Card may be blocked in the event that:

  • The Cardholder uses the Card in a manner inconsistent with these Virtual Card Terms, CEX.IO Terms of Use and Terms and conditions of Quicko services.
  • There is a justified reason related to the security of trading carried out using the Card - including the possibility of third parties taking possession of the Card data. There is a suspicion of unauthorised use of the Card or data concerning it.
  • There is a suspicion of intentional unauthorised Card Transaction.

9.3. CEX.IO reserves the right, in its sole discretion, to discontinue or terminate the Virtual Card service provided to you without notice, temporarily or permanently, including, but not limited to, the following cases: (1) If the Personal Information you have provided is not true, complete, accurate or inconsistent with the information at the time of registration and you have failed to provide reasonable proof (please remember, according to the laws or regulations you should submit true complete and accurate information); (2) If you violate the relevant laws and regulations or the Terms of Use and Terms and conditions of Quicko services; (3) If required by any provisions of the laws and regulations, as well as the requirements of relevant government authorities; or (4) For security reasons or other necessary circumstances, as determined at our sole discretion.

9.4. CEX.IO is entitled to charge a fee for terminating the Virtual Card service provided to you in the amount indicated in the Limits and Commissions Table.

9.5. The Card is valid inclusively until the last day of the calendar month stated on the Card. As soon as the next calendar month begins after the calendar month stated on the Card, the Card shall be deemed invalid. The funds in the Account do not expire.

9.6. After the expiry date, the Card is not renewed. After the expiry of the validity period of the Virtual Card, it will no longer be active.

 

10. Liability

10.1. This section operates in addition to any limitation of liability expressed elsewhere in these Virtual Card Terms, CEX.IO’s Terms of Use, its integral parts or any other legal applicable agreements and / or policies.

10.2. Unless legal acts determine otherwise, CEX.IO will not be liable to you for any loss arising from:

10.2.1. A Merchant refusing to accept or honour (or delays in accepting or honouring) the Card or PIN.

10.2.2. Quicko restricting, suspending, or terminating a Card or refusing to issue or replace a Card.

10.2.3. Quicko declining a Card Transaction that you make or attempt to make using a Card.

10.2.4. CEX.IO restricting, suspending, or terminating any services provided.

10.2.5. CEX.IO’s compliance with any applicable laws and regulations.

10.2.6. CEX.IO will not be liable for the goods or services that you purchase from a Merchant using a Card.

10.2.7. Any abnormal or unforeseeable circumstances outside our reasonable control (for example, a failure of computer systems which happens for reasons outside our reasonable control or any industrial action which happens for reasons outside our reasonable control) if this prevents CEX.IO from providing its usual service.

10.3. The Cardholder is liable for the breach of obligations stated in these Virtual Card Terms and Terms and conditions of Quicko services, its integral parts or any other applicable legal acts.

 

11. Modifications and Amendments

11.1. CEX.IO reserves the right to amend or modify any portion of these Virtual Card Terms at any time by publishing the revised version of the Virtual Card Terms on the Website. The changes will become effective and shall be deemed accepted by the User, the first time the User uses the Virtual Card services after the publishing of the revised Virtual Card Terms 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. 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 Virtual Card Terms.

11.2. It is your responsibility to check these Virtual Card Terms periodically for changes. Your continued use of the Virtual Card services following the posting of changes will mean that you accept and agree to the changes.

 

12. Final provisions

12.1. CEX.IO has the right to disclose information about the Card Transactions performed by the User to third-parties, who under legal acts have the right to receive such information.

12.2. In the event of a conflict between these Virtual Card Terms and Framework agreement Quicko application, the provisions of the Framework agreement Quicko application  shall prevail.

12.3. These Virtual Card terms shall be governed by and construed in accordance with the Republic of Poland’s laws, unless otherwise expressly provided. All disputes and controversies arising out of or in connection with this website and these Virtual Card Terms shall be submitted to the Arbitral Tribunals of the Republic of Poland established by the parties. If any portion of these Virtual Card Terms 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.

12.4. If you would like to make a complaint relating to these Virtual Card Terms, please contact us  via support@cex.io or to the contact details of the Card Issuer in section 1. If the Card Issuer does not deal with your complaint adequately, please contact us via support@cex.io.