Last update: December 29, 2025

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 “you” “your” or “User”) and CEX.IO Corp. (“CEX.IO”, “us”, "we” or “our”). 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.
• “Delisting”: means ceasing to support a particular Digital Asset by CEX.IO, disabling a Digital Asset’s deposit/withdrawal functions and removing Digital Asset’s trading pairs from the CEX.IO platform.
• “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.
• “Instant Sell” means a trading service into which the User can convert Digital Assets to Fiat currency immediately (instantly).
• “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 any instruction you submit through the Platform requesting CEX.IO to perform a Service. When an Order (in whole or in part) is carried out, the executed portion constitutes a Transaction.
• “Restricted Location” means a state where CEX.IO is not permitted to provide services (e.g. New York). For any information specific to your state, please see the Licenses and Registrations page.
• “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” means (a) the execution (in whole or in part) of an Order; and (b) any operation on the Platform involving Digital Assets or fiat currency, including but not limited to buying, selling, sending, receiving, depositing, withdrawing, or converting, once accepted and processed by CEX.IO. A Transaction is deemed authorized (“Authorized Transaction”) if it is initiated using your Account credentials, a linked Payment Method, or any authentication mechanism (including two-factor authentication), whether or not you later dispute or claim it was unauthorized or fraudulent. You are solely responsible for all such Authorized Transactions, which shall be considered final, binding, and non-reversible once executed, except as required by applicable law.
• “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 their 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. Due to their decentralized and technologically complex nature, Digital Assets are susceptible to heightened risks, including, but not limited to, fraud, cyber intrusions, system vulnerabilities, and other malicious or unauthorized activities. You acknowledge and understand that any actual or attempted breach, attack, or malfunction affecting the Platform’s infrastructure may result in your inability to access, control, or use your Digital Assets, whether temporarily or permanently. Such events may occur without prior notice and outside CEX.IO’s reasonable control. For a more detailed description of these and other material risks associated with the use of Digital Assets and related services, you are expressly referred to the General Risk Disclosure, which is incorporated into these Terms.

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, 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, if the time period expires the quoted price is recalculated. Once the user confirms the purchase, 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. 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 authority and capacity to accept these Terms and participate in transactions involving Digital Assets; and
• have not been previously removed or suspended from the Site.

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 & COMMISSIONS

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 or gas 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 remain 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 the 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 their available Trading Fee Balance and its parts, if applicable, on the User’s “Finances” page in the trading terminal.

6.9. In the case when, 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 the 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 or on any other payment instrument must match the name verified on your Account(s).

8. ROUNDING POLICY

8.1. CEX.IO uses the Rounding Policy in the favor 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 on the User’s Account and will appear as the next whole unit in accordance with the Rounding Policy.

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 imply 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 their own computer to access the Account, the User must always ensure that their 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 they are 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 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. These may change from time to time, but include:

• limit alerts;
• sending restrictions;
• two-factor authentication;
• pre-transaction;
• re-verification; 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 non-bank 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. Prohibited Transactions are transactions that are not permitted to be funded, paid for, securitised or otherwise made dependent or linked to the use of the CEX.IO Account and CEX.IO Services in general. Please note that CEX.IO does not provide services for transactions related to the prohibited industries, and business activities outlined below (each a “Prohibited Activity”). This list is not exhaustive and may include other types of businesses subject to relevant laws and regulations, policies and procedures, and other factors used by CEX.IO to determine availability at their sole discretion.

1. Adult entertainment industry, pornography. Adult services, including prostitution, escorts, pay-per-view, sexual massages, fetish services, mail-order brides, and adult live chat features. Adult video stores. Gentlemen's clubs, topless bars, and strip clubs. Pornography and other mature audience content (including literature, imagery and other media) depicting nudity or explicit sexual acts. Any artificial-intelligence-generated content that meets the above criteria. Cyberlockers, regardless of whether they host adult content.
2. Arms, Ammunition, Firearms, Weapons, Explosives and Dangerous Materials industry. Guns, gunpowder, ammunition, fireworks and other explosives. Weapon components such as firing pins, magazines, clips, and firearm conversion kits and any 3D-printed weapons. Pepper spray and stun guns. Swords and katanas, unless they are meant as replicas or for the practice of martial arts. Machetes. Disguised knives and knives with opening mechanisms designed for quick deployment of a blade. Pesticides requiring application by a certified professional. Research chemicals. Toxic, flammable, combustible or radioactive materials. Unmailable goods, per the United States Postal Service.
3. Cash Transactions Businesses (Cash Heavy Businesses). Physical cash businesses where the business activity is based in physical “hard” cash used for financial services or physical transfer of currency (notes and coins) from one party to another. This is in contrast with cash used for the purchase of goods and non-financial services (Mom and Pop store purchases). Examples of cash for financial services would include businesses cashing checks (check cashers) and sellers of money orders. Kiosk or other ATMs that accept cash to facilitate the purchase of cryptocurrency or alternative financial services such as bill payment, money transfer, prepaid cards.
4. Forex Services. Forex Trading businesses that offer a high degree of leverage, are susceptible to high volatility, represent a significant risk of recall, offer trading via CFD-like products, or have no, or weak KYC/AML procedures.
5. Gambling. Games of chance including gambling, internet gambling, casino games, sweepstakes and contests, and fantasy sports leagues with a monetary or material prize. Payments of an entry or player fee that promises the entrant or player will win a prize of value; lotteries. Sports forecasting or odds making with a monetary or material prize. Bidding fee auctions.
6. Marijuana / Cannabis. Cannabis products. Cannabis dispensaries and related businesses. CBD products with THC levels that are greater than the applicable local jurisdiction’s legal limit, including CBD edibles. Hydroponic equipment and other cultivation or production equipment marketed for growing marijuana. Courses and information on cultivating marijuana.
7. Precious Metals industry. Businesses buying and selling e.g. gold, silver, platinum, jewelry, coins etc. Precious metal dealers.
8. Tax Exempt Industry. Institutions with tax exempt status, i.e. Charities, Religious organizations etc.
9. Criminal activity of any kind, including but not limited to, money laundering, malicious hacking, terrorist financing, or proliferation of weapons of mass destruction, human trafficking etc.
10. Any goods or services that are illegal or the promotion, offer or marketing of which are illegal or that depict means of propaganda or signs of unconstitutional organizations glorifying war or violating human dignity.
11. Intellectual property infringement.
12. Archaeological findings.
13. Ponzi, pyramid or any other “get rich quick” schemes.
14. Goods that are subject to any trade embargo.
15. Media that is harmful to minors and violates laws and, in particular, the provision in respect of the protection of minors.
16. Body parts or human remains.
17. Protected animals or protected plants;
18. Transactions involving dark web networks (e.g. TOR, I2P and Freenet).
19. 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;
• 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. SANCTIONS AND EXPORT CONTROL

14.1. 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 as specified here.

14.2. 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.

15. ACCOUNT REVIEWS

15.1. You agree and acknowledge that in accordance with CEX.IO's regulatory obligations and CEX.IO’s internal risk and compliance policies, CEX.IO may from time to time conduct reviews of your Account and related activity (each, an “Account Review”). Such Account Reviews may be conducted for a variety of reasons, including but not limited to potentially unusual or high-risk transaction patterns, operational or technical triggers, changes in usage behavior, inquiries or requests from regulatory, supervisory, or law enforcement authorities, or in connection with CEX.IO’s ongoing compliance, fraud prevention, and risk mitigation functions. 

15.2. During the course of an Account Review, CEX.IO may: (1) restrict, suspend, or Freeze the Account under review, as well as any other Account(s) beneficially owned or controlled by you, or by any members of such User’s household, or for which you are a representative or authorized signatory and, in the case of entities, any affiliated account(s); (2) Freeze any Funds or assets in the Account while the Account Review is being conducted; (3) Suspend your access to Services or any affiliated CEX.IO Platforms, pending the outcome of the review, 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 CEX.IO’s BSA/AML Program; (iii) any applicable laws, rules, or regulations of any regulator with jurisdiction over CEX.IO; or (iv) any of CEX.IO's applicable policies as incorporated by reference herein; (4) request additional information, documentation, certifications, or explanations in relation to your Account activity, source of funds, identity, or any other matter deemed relevant by CEX.IO. 

15.3. You agree to cooperate fully with any Account Review, and understand that failure to provide requested information may result in continued suspension, restrictions on your Account or or permanent termination of Services. CEX.IO reserves the right to take any lawful measures necessary or appropriate to resolve the Account Review, including, without limitation, reporting to regulatory authorities, further restricting account activity, or recovering funds subject to review.

16. GENERAL OBLIGATIONS

16.1. Payment Methods. CEX.IO supports a variety of payment methods, including but not limited to Apple Pay, Google Pay, debit card (each, a "Payment Method"). You may only use a Payment Method of which you are the lawful owner or an authorized user. By linking or designating a Payment Method to your Account, you represent and warrant that you have full authority to use such Payment Method for Transactions conducted through the Platform. You are solely responsible for ensuring the legitimacy of any recipient, payee, or Transaction you authorize.

16.1.1. Once you initiate a Transaction, you may not withdraw or revoke your consent to it. Following execution, CEX.IO has no obligation to cancel, withhold, or reverse the Transaction, except as required by applicable law, network rules, or CEX.IO’s compliance obligations. 

16.1.2. Once a Transaction has been executed or otherwise confirmed by CEX.IO as completed, it becomes final, binding, and non-reversible, except as required by applicable law or network rules. Submitting a Transaction instruction through the Platform does not guarantee execution, and CEX.IO reserves the right to cancel, reject, or delay any Transaction that cannot be completed due to insufficient funds, network conditions, risk controls, or compliance requirements. 

16.1.3. CEX.IO is not responsible for losses arising from errors you make in entering payment instruction(s), nor for Transaction(s) you authorize that are later disputed as unsatisfactory, delayed, or otherwise inconsistent with your expectations. 

16.1.4. For any Transaction, once submitted by you and accepted by us, CEX.IO or its authorized payment processor will debit your designated Payment Method and/or Account balance(s) for the total amount of the Transaction, including any applicable Platform fees and network costs as disclosed at or before execution.. The date and time you initiate an order may differ from the time your Payment Method or Account balance is charged. 

16.1.5. By using a card, bank transfer, or other Payment Method to make the Transaction(s), you expressly acknowledge and agree that such Transaction(s) may not carry the same consumer protections, rights of reversal, or dispute resolution mechanisms that apply to purchases of tangible goods or traditional consumer services. Transactions are inherently final, non-reversible once executed, and may not be refundable, except as required by applicable law or network rules.

16.2. 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.

16.3. 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.

16.4. 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.

16.5. Erroneous credits. In certain cases, due to a technical error, system malfunction, third-party integration fault, or any other internal or external issue (collectively, an “Error”), funds or Digital Assets may be incorrectly credited to your Account. This includes situations where CEX.IO has not actually received the corresponding deposit, transfer, or settlement from the originating institution, network, or payment method. Any such funds or Digital Assets shall be deemed erroneously credited and do not constitute your lawful property, even if you have already withdrawn, transferred, or converted them. You expressly agree and acknowledge that (i) you have no entitlement to retain or use any erroneously credited funds; (ii) you shall, upon becoming aware of such Error or upon request from CEX.IO, promptly return any such funds to CEX.IO and fully cooperate with all recovery efforts; (iii) CEX.IO shall be entitled, without prior notice, to reverse, debit, or withdraw any such erroneously credited funds from the Account, and in the event the balance is insufficient, to debit any other assets, fiat balances, or proceeds held in the Account, including by liquidating digital assets to offset the amount owed; (iv) where the erroneously credited funds have been withdrawn or otherwise disposed of by the User prior to recovery, CEX.IO without prior notice may Freeze, suspend, or restrict access to the Account and initiate recovery of amounts due, including selling any digital assets held in the Account and pursuing all available legal remedies under applicable law, which may include civil litigation, referral to a third-party collection agency or other authorized representative, or referral to appropriate law-enforcement authorities, to recover such funds. CEX.IO’s rights under this clause shall survive termination of these Terms and shall apply retroactively to any such Error incident occurring at any time.

16.5.1. If you become aware of or reasonably suspect that any funds or Digital Assets have been incorrectly credited to your Account due to an Error, you must promptly notify CEX.IO without undue delay via the communication channels provided on the Platform. Subject to timely notification and full cooperation in the return of such funds or Digital Assets, CEX.IO may, at its sole discretion, issue a goodwill credit, fee waiver, or other Service related benefit. Any such benefit shall be discretionary, non-transferable, and shall not be deemed an obligation, entitlement, or waiver of any rights available to CEX.IO under these Terms or applicable law.

16.6. Payment Disputes, Chargebacks, and Insufficient Funds. You agree not to initiate or pursue any chargeback, payment reversal, or similar dispute with your financial institution or payment service provider for any Authorized Transaction that has been marked by CEX.IO as pending or complete, regardless of the Payment Method used. In the event of any refund request, reversal request, or chargeback related to an Authorized Transaction, you remain liable for the full amount, including fees and associated costs. You authorize CEX.IO to recover such amounts by debiting any linked payment method or offsetting against balances owed to you, subject to applicable law and network rules. If the initially selected Payment Method is unavailable, declined, or returns insufficient funds, you authorize CEX.IO, at its sole discretion, to:

· cancel, suspend, or withhold the relevant Transaction if applicable; 
· charge or deduct the amount due from any other Payment Method associated with your Account; 
· offset the owed amount by deducting available fiat or Digital Asset balances held in your Account, including through conversion or liquidation of such assets.

16.6.1. You agree to promptly provide any information, documentation, or assistance requested by CEX.IO or its payment service providers in connection with the investigation, resolution, or dispute of any actual or attempted chargeback, payment reversal, or related claim. Your failure to cooperate in a timely and complete manner may be deemed a material breach of these Terms and may result in limitation, suspension, or termination of your Account, as well as the implementation of enforcement measures as described herein.

16.6.2. CEX.IO may impose a holding period of up to seven (7) business days on any Digital Asset that you intend to buy, sell, exchange, or transfer through the Platform. A holding period may be extended, in CEX.IO’s discretion, if additional verification, risk review, or compliance procedures are required. Such holding periods may be applied, at our sole discretion, to allow for the completion of settlement procedures, verification of the transaction, implementation of anti-fraud safeguards, and fulfilment of other regulatory, legal, or compliance obligations.

16.6.3. In the event of a payment failure or reversal, CEX.IO is under no obligation to reinstate the cancelled or affected Transaction at the original price, terms, or execution conditions. You hereby waive any claims or entitlements to compensation, loss recovery, or consequential damages arising out of or related to such cancellation, suspension, or adjustment of a Transaction.

16.6.4. You may not initiate or request a chargeback or reversal based solely on dissatisfaction with the service, slow execution, market volatility, or a misunderstanding of the nature of Digital Assets. Filing an unfounded or fraudulent chargeback may constitute a material breach of these Terms and may lead to account suspension, recovery of costs and fees incurred by CEX.IO in defending or reversing the chargeback, or legal action to enforce our rights. CEX.IO may also engage third-party service providers or authorized representatives to assist in recovering outstanding amounts, subject to applicable law and data-protection requirements. Notwithstanding anything in these Terms, nothing herein limits any rights to dispute unauthorized charges or exercise rights expressly preserved by applicable law. CEX.IO may share information about fraudulent or abusive chargeback activity with card networks, issuing banks, and authorized financial institutions pursuant to applicable law (including Section 314(b) of the USA PATRIOT Act).

16.7. Deposits and Withdrawals. 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.

16.8. Automated Clearing House (ACH) Transfers

16.8.1. Where made available, you may fund your Account or receive fiat withdrawals via the Automated Clearing House network (“ACH”). ACH services are provided through one or more regulated financial institutions and/or payment processors engaged by CEX.IO (each, a “Partner FI”). You acknowledge and agree that (i) CEX.IO is not a bank; (ii) your use of ACH does not create a customer relationship between you and any Partner FI; and (iii) a Partner FI may impose additional eligibility, underwriting, risk, or operational requirements and may reject, return, or delay any ACH entry at any time.

16.8.2. By linking a U.S. bank account to your Account and/or by submitting the ACH debit or credit entry initiated through the ACH Network (“Entry”), or other instruction through the Platform, you expressly authorize CEX.IO and its Partner FI(s) to originate Entries, including one-time and, where enabled, recurring Entries, to and from the linked bank account that you designate (a “Verified Bank Account”), in each case in the amount(s) and on the date(s) you authorize via the Platform. This authorization includes the authority to (i) reinitiate Entries as permitted by the Nacha Rules; and (ii) originate correcting, adjusting, or reversing Entries to address errors, duplicate Entries, misdirected Entries, or other exceptions, to the extent permitted under the Nacha Rules and applicable law. If your Bank is unable to process any electronic ACH debit entry, we will notify you of cancellation of the transaction and may use the remedies set forth in this Terms to recover any amount owed to CEX.IO. You agree to notify CEX.IO of any changes in your linked Verified Bank Account information prior to a transaction. CEX.IO may, at any time, suspend or delay transactions without notice or terminate recurring transactions by providing notice to you.

16.8.3. All Entries initiated in connection with the Services are subject to, and you agree to be bound by, the Nacha Operating Rules and Guidelines, as amended from time to time (the “Nacha Rules”). In the event of any conflict or inconsistency between these Terms and the Nacha Rules with respect to Entries, the Nacha Rules will control to the extent applicable to such Entries.

16.8.4. You represent, warrant, and covenant that: (i) you are the owner of the Verified Bank Account or otherwise have full legal authority to authorize Entries on such account; (ii) all bank account details you provide are accurate and current; (iii) you will maintain sufficient funds in the Verified Bank Account to cover any Entry you authorize, including any associated fees; and (iv) you will not use ACH in connection with any Prohibited Activity or in a manner that would cause CEX.IO or any Partner FI to violate applicable law, the Nacha Rules, or any sanctions or AML/CTF obligations.

16.8.5. Processing is subject to the internal submission deadline(s) applied by CEX.IO and/or its Partner FI(s) (“Cut-Off Time”), batch windows, bank holidays, network constraints, risk controls, and Partner FI operational requirements. Any timelines displayed in the Platform are estimates only and are not guarantees. CEX.IO may in its discretion delay, place in a pending state, or refuse an ACH instruction where required for risk management, fraud prevention, operational integrity, or legal/regulatory compliance.

16.8.6. You acknowledge that Entries may be returned, rejected, or corrected by the receiving depository financial institution (“RDFI”) or the ACH network for reasons outside CEX.IO’s control (e.g. insufficient funds, account closed, invalid account information, stop payment etc.). CEX.IO may, where permitted, re-initiate a returned entry, request updated bank information, apply risk holds, and/or require you to complete additional verification before permitting further ACH activity. CEX.IO may process Notifications of Change (“NOCs”) and update bank routing/account information where the Nacha Rules permit, but you remain solely responsible for maintaining accurate bank details. For avoidance of doubt, an Entry is not considered fully settled and final until CEX.IO confirms completion in the Platform and any applicable return risk window has elapsed to the extent relevant under the Nacha Rules.

16.8.7. You remain responsible to CEX.IO for the full amount of any returned, reversed, or rejected Entry and any associated fees, chargebacks, network assessments, or reasonable recovery costs. You authorize CEX.IO to recover such amounts by (i) debiting your Account balances (including by offset/set-off), (ii) reversing provisional credits, (iii) charging any linked payment method as permitted, and/or (iv) initiating a permitted ACH debit to recover amounts owed, subject to applicable law and the Nacha Rules.

16.8.8. Your authorisation for CEX.IO and our Partner FI(s) to initiate ACH debits and credits to the Verified Bank Account(s) you have linked remains in effect unless and until you revoke it, including by removing/deleting the linked Verified Bank Account from the Platform subject to Network timing and any entries already submitted for processing. 

16.8.9. You are solely responsible for (i) ensuring that you have the legal right and authority to link the Verified Bank Account and to grant the foregoing authorisations, and (ii) confirming the accuracy of the linked account information and the availability of sufficient funds prior to approving any Entry. 

16.8.10. You agree that your authorization for Entries may be obtained electronically via the Platform, including without limitation, click-wrap, checkbox, in-app confirmation, API instruction, or other electronic means, and that such electronic authorization constitutes a written authorization to the fullest extent permitted by the Nacha Rules and applicable law. You agree that CEX.IO and/or its Partner FI(s) may rely on Platform records as evidence of your authorization and on the accuracy of the information you provide or confirm in connection with such authorization.

16.8.11. CEX.IO may suspend or terminate your ability to use ACH at any time, with or without prior notice, where (i) required to comply with the Nacha Rules; (ii) necessary to comply with Partner FI requirements, applicable law or regulation; or (iii) you breach these Terms, the Nacha Rules, or applicable law; or (iv) CEX.IO reasonably believes it is fraudulent, unauthorized, erroneous, prohibited, or otherwise non-compliant with these Terms, the Nacha Rules, Partner FI requirements, or applicable law, or where necessary to manage operational, returns, AML/sanctions, or consumer-protection risk. CEX.IO’s determination under this section shall be final and binding. Termination does not affect any rights or obligations that accrued before termination and does not relieve you of liability for Entries initiated prior to suspension and/or termination. The provisions of this Section 16.8 survive to the extent necessary to comply with the Nacha Rules or applicable law and to permit completion of investigations, returns and/or reversals, chargebacks, recovery, or dispute resolution.

16.8.12. You agree to cooperate fully and promptly with any investigation relating to an allegedly unauthorized Entry, including without limitation, providing confirmations, attestations, or other information reasonably requested by CEX.IO or its Partner FI(s)). You acknowledge that the ACH network includes established processes for returning unauthorized consumer debits that may require a Written Statement of Unauthorized Debit (“WSUD”) obtained by the RDFI, and that timing and evidentiary requirements apply under the Nacha Rules. 

16.8.13. To the maximum extent permitted by applicable law and the Nacha Rules, CEX.IO will not be liable for delays, failures, or returns caused by banks, the ACH Network, inaccurate bank information you provide, or actions required for compliance or risk controls. Without limiting the general limitations of liability in these Terms, CEX.IO’s aggregate liability arising directly out of an Entry will not exceed the amount of the relevant Entry. Nothing in these Terms limits any rights that cannot be waived under applicable law.

16.8.14. ACH Returns; Reimbursement; Remedies. An Entry may be returned or rejected for reasons outside CEX.IO’s control. A return may, depending on the circumstances, including without limitation, repeated NSF activity, suspected unauthorized activity, misuse, or Nacha rules breaches, constitute a breach of these Terms and/or trigger risk controls. Such controls may include: (i) delaying when credited funds become available for withdrawal or transfer; (ii) imposing transaction limits; (iii) requiring that you maintain an available balance (a reserve) up to the amount of the relevant ACH credit; and/or (iv) restricting outbound activity while a compliance review, or return-risk assessment is pending. To manage return, reversal, and unauthorized-claim exposure inherent in ACH, CEX.IO may impose transaction limits, rolling reserves, and/or holding periods, including without limitation, extended availability or availability holds, where reasonably necessary for fraud prevention, return-rate management, AML/OFAC compliance, sponsor-bank requirements, or other risk controls. In such cases, CEX.IO may require you to maintain, for a defined period, available funds sufficient to cover at a 1:1 ratio the relevant funded amount (the “Availability Hold”). The Availability Hold may apply for up to 60 days post-deposit or such other period as CEX.IO determines based on risk, product configuration, Partner FI requirements, and applicable rules, and the funds associated with the Availability Hold may not be withdrawn prior to release/resolution of that hold. 

16.8.15. CEX.IO may implement the Availability Hold by restricting withdrawals of fiat and/or Digital Assets in your Account, placing a hold/reserve on balances, or applying equivalent availability controls, in each case without transferring ownership of your assets to CEX.IO. 

16.8.16. Any availability hold or reserve applied specifically due to ACH return/unauthorized-claim exposure will be maintained no longer than reasonably necessary for the relevant risk to subside. An availability hold or reserve is a restriction on availability only. It does not transfer ownership of your funds or Digital Assets to CEX.IO. 

16.8.17. Any ACH return may result in immediate restriction, suspension, or termination of your ACH functionality and/or Account access.

16.8.18. CEX.IO may, in its discretion, impose and adjust limits and controls on ACH activity, including restrictions on debit and/or credit Entries, SEC codes, transaction types, frequency, dollar amounts, Cut-Off times, availability holds/reserves, and eligibility requirements.

16.8.19. Where made available, and with your prior authorisation, we may use Plaid, Inc. (“Plaid”) as an independent third-party service provider to facilitate the connection of your Account with your Verified Bank Account. You acknowledge that the bank account linking flow is performed through Plaid’s interface and systems and that Plaid (and not CEX.IO) may collect and process certain bank-account credentials and related data for the purpose of enabling account verification and connectivity. 

16.8.20. By electing to link a Verified Bank Account via Plaid, you: (i) instruct and authorise Plaid to access, retrieve, and transmit to CEX.IO (and, where relevant, to our Partner FI(s)/processors) the information reasonably necessary to provide Plaid’s services in connection with ACH functionality; and (ii) acknowledge and agree that Plaid’s handling of such information is governed by Plaid’s own End User Privacy Policy as made available by Plaid and as updated from time to time.

16.8.21. CEX.IO does not control Plaid and does not warrant Plaid’s uninterrupted availability, accuracy, or performance. To the maximum extent permitted by applicable law, CEX.IO is not responsible for losses or delays caused by Plaid outages, connectivity issues, data-feed errors, bank-side restrictions, or other Plaid-related failures.

16.9. Entries are not controlled by us, and we are not liable for any delay or rejection of any such payments, or any other losses, fees, or charges associated with such payments. Entries may be subject to third-party terms between you and the third party. We are not a party to such third-party terms and have no obligation or liability to you under such third-party terms.

16.10. Orders and executions. By submitting an Order, you authorize CEX.IO to execute the corresponding action on your behalf in accordance with these Terms. You hereby agree that any such Order and/or Transaction shall only be submitted after conducting your own independent assessment, due diligence, and risk evaluation. Once executed, such operation shall be deemed final, binding, and non-reversible. CEX.IO is not obliged to modify, reverse, or reinstate any such operation once processed. CEX.IO reserves the right to decline, suspend, or reject any Order and/or Transaction request for any reason, including but not limited to: suspected fraudulent activity, high market volatility, unusual order size, latency issues, Account review, or operational constraints.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, CEX.IO MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT ANY ORDER, TRANSACTION, INSTRUCTION, OR REQUEST YOU SUBMIT WITHOUT LIMITATIONS TO THOSE RELATING TO THE PURCHASE, SALE, EXCHANGE, CONVERSION, OR WITHDRAWAL OF DIGITAL ASSETS, WILL BE EXECUTED, OR EXECUTED AT ANY SPECIFIC TIME. CEX.IO SHALL NOT BE LIABLE FOR ANY DELAYS, FAILURES, PARTIAL EXECUTIONS, OR NON-EXECUTIONS OF ORDERS OR TRANSACTIONS, REGARDLESS OF THE CAUSE, INCLUDING BUT NOT LIMITED TO MARKET CONDITIONS, TECHNICAL CONSTRAINTS, PRICE FLUCTUATIONS, LATENCY, SYSTEM MAINTENANCE, REGULATORY ACTIONS, OR COMPLIANCE-RELATED HOLDS. YOU ACKNOWLEDGE AND ACCEPT THAT ANY EXECUTION IS SUBJECT TO AVAILABILITY, MATCHING CRITERIA, SYSTEM INTEGRITY, AND APPLICABLE LEGAL AND REGULATORY REQUIREMENTS.

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

16.12. You acknowledge and agree that if Transaction details are not specified or are incorrectly indicated within the Transaction the User may lose their funds.

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

16.14. 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.

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

16.16. If the User discovers unusual transactional 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.

16.17. CEX.IO may be forced to cancel or recall already executed Withdrawal transactions 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.

16.18. 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.

16.19. 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 their funds.

16.20. 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.

16.21. 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.

16.22. 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.

16.23. 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.

16.24. 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.

16.25. 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.

16.26. 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.

16.27. 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.

16.28. 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.

16.29. 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. 

17. ACCOUNT CLOSURE

17.1. At any time, you may provide written notice requesting that your 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.

17.2. 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.

17.3. 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.

18. TERMINATION OF TERMS

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

18.2. 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.

18.3. 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 you or to any third party for termination of their Account or access to the Site.

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

18.5. CEX.IO will send the credit balance of your Account to you, 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.

18.6. CEX.IO may terminate this agreement immediately if you: (i) became, or are likely to become, insolvent or are declared bankrupt; (ii) are in breach of any provision of the Terms of Use; (iii) your use of the Service or the Site is disruptive to our other Users, or you do anything which, in our opinion, is likely to bring us into disrepute; (iv) 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; (v) interfering with the Service, system, host or network; (vi) reverse engineering of any kind; (vii) spamming; (viii) hacking; (ix) falsifying data; and/or (x) introducing viruses, Trojan horses, worms or other destructive or damaging programs; or engines; or testing security in any way.

19. DORMANT ACCOUNTS AND ESCHEATMENT FEES

19.1 In accordance with applicable state laws and subject to the conditions set forth herein, CEX.IO reserves the right to assess a dormancy fee on dormant accounts in jurisdictions where such fees are legally permitted.

19.2 An account shall be deemed dormant when there has been no user-initiated activity or communication with CEX.IO for a period defined by applicable state law or, in the absence of such definition, twelve (12) consecutive months.

19.3 Prior to classifying the account as dormant and prior to assessment of any dormancy-related fees, CEX.IO shall provide the account holder written notice in line with the unclaimed property laws applicable in the account holder’s state. Notifications may be delivered via the email address or other contact information associated with the account.

19.4 All fees collected in accordance with this provision shall be deemed valid and enforceable to the extent permitted by applicable law. Where required by law, unclaimed property, including the balance of dormant accounts, may be subject to escheatment and subsequently remitted to the appropriate state authority.

19.5. If the dormancy-related fees fully deplete or reduce the Account balance to zero, CEX.IO reserves the unilateral right to deactivate and/or formally close the Account.

20. DIGITAL ASSETS AVAILABILITY

20.1. 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.

20.2. 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.

20.3. 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.

20.4. 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.

20.5. 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.

21. CEX.IO PAY SERVICE

21.1. Subject to your compliance with these Terms and your satisfaction of all applicable eligibility criteria, CEX.IO may enable User, to send or receive certain Digital Assets to or from other eligible CEX.IO Account holders on the Platform through the service designated as the “CEX.IO Pay Service”, intended for personal use.

21.2. Your use of the CEX.IO Pay Service is strictly conditioned upon (i) your compliance with all eligibility requirements set forth in these Terms and (ii) compliance with all applicable laws and regulations governing your jurisdiction of residence. The CEX.IO Pay Service is made available to you strictly for personal, non-commercial use, and may not be used to send or receive Digital Assets to or from third parties, except where expressly permitted by CEX.IO. You are solely responsible for selecting the recipient of any transfer and for verifying the authenticity, accuracy, and appropriateness of such recipient. CEX.IO does not select, endorse, or assume any responsibility for the identity, legitimacy, or suitability of any recipient designated by you. Any eligibility checks performed by CEX.IO, including validation of an active Account, jurisdictional support, and verification status of the recipient, are technical and administrative in nature and do not constitute an endorsement or acceptance of the recipient, nor do they relieve you of your full responsibility for any loss, error, or unauthorized transfer resulting from your chosen recipient.

21.3. CEX.IO expressly reserves the right, at its sole discretion, to establish additional eligibility criteria or restrictions governing your access to or use of the CEX.IO Pay Service. Furthermore, the availability of CEX.IO Pay Service is strictly limited to jurisdictions in which CEX.IO is authorized to provide such services. CEX.IO reserves the right to restrict, suspend, or disable access to CEX.IO Pay Service at its sole discretion in order to maintain compliance with licensing requirements and regulatory obligations.

21.4. Prior to initiating any transfer of Digital Assets via the CEX.IO Pay Service, you may be required to complete and satisfactorily fulfill all compliance, verification, and due diligence procedures as determined necessary by CEX.IO. Failure to complete such compliance requirements to the satisfaction of CEX.IO may result in the suspension, delay, or denial of the requested transfer or your access to the CEX.IO Pay Service.

21.5. To initiate a transfer of Digital Assets via the CEX.IO Pay Service (each a “CEX.IO Payment”), you, as the sender, shall submit to CEX.IO explicit instructions specifying (i) the type and amount of Digital Assets held in your Account that you intend to transfer, and (ii) the designated recipient of such transfer (the “CEX.IO Pay Instructions”). By providing the CEX.IO Pay Instructions and confirming the transaction, you hereby authorize CEX.IO to execute the transfer of the specified Digital Assets to the selected recipient. You may initiate a CEX.IO Payment only to a user holding a CEX.IO Account who meets the eligibility criteria for access to and use of the CEX.IO Pay Service. CEX.IO will perform automated eligibility screening prior to execution, and in the event that the designated recipient does not meet the necessary criteria (e.g. residing in a supported jurisdiction or having completed required verification procedures), CEX.IO will notify you at the time of transaction initiation and prevent submission of the CEX.IO Pay Instructions. You will not be able to proceed with the transaction unless and until such eligibility conditions are met.

21.6. You represent and warrant that your CEX.IO Account holds sufficient Digital Assets to cover the full amount of the transfer at the time you submit your CEX.IO Pay Instructions. Should the available balance of Digital Assets in your Account be insufficient to complete the requested CEX.IO Payment, you may elect to utilize alternative Digital Assets held in your Account to execute a trade under the Instant Buy/Sell service in order to obtain the necessary amount and type of Digital Assets for the transfer. Such transactions shall be subject to the applicable fees and terms governing the Instant Buy/Sell service as set forth in these Terms.

21.7. You may initiate a transfer of Digital Assets to a recipient only if such Digital Assets are supported and authorized for transfer within the jurisdiction applicable to the recipient. CEX.IO reserves the exclusive right, at its sole discretion and without prior notice, to add, restrict, suspend, or remove any Digital Assets from the list of assets eligible for transfer via the CEX.IO Pay Service in any jurisdiction. Prior to the execution of any CEX.IO Payment, CEX.IO shall verify and validate the recipient’s eligibility to receive such transfer. Transfers shall be prohibited where the recipient’s CEX.IO Account does not meet CEX.IO’s eligibility requirements as established in these Terms, applicable laws and regulations.

21.8. Your access to and use of the CEX.IO Pay Service are subject to transaction limits, which may include, but are not limited to, restrictions on the amount and frequency of CEX.IO Payments you may initiate within any given period. CEX.IO reserves the right to modify, adjust, or impose such transaction limits at any time, at its sole discretion and in accordance with applicable law.

21.9. You acknowledge and agree that upon submission of the CEX.IO Pay Instructions and confirmation of the transaction, CEX.IO will promptly commence processing the transfer. Consequently, the designated Digital Assets may be debited from your CEX.IO Account immediately upon your confirmation. Title and ownership of the Digital Assets transferred through the CEX.IO Pay Service shall pass to the recipient immediately upon successful completion of the transfer.

21.10. You are solely responsible for verifying the accuracy and completeness of all transaction information prior to submitting the CEX.IO Pay Instructions, as transfers processed through the CEX.IO Pay Service are final and may not be cancelled or reversed, except at CEX.IO’s sole discretion and only if CEX.IO possesses the technical capability to effect such cancellation or reversal. You acknowledge and agree that you bear full responsibility for any inaccuracies or errors in the CEX.IO Pay Instructions submitted, and that such errors may result in the irreversible loss of your Digital Assets.

21.11. CEX.IO Payments that you initiate may be reflected as having a “Pending” status in your CEX.IO Account (each a “Pending CEX.IO Payment”). Such Pending CEX.IO Payments may remain in this status for a variable period, depending on factors beyond CEX.IO’s control. Pending CEX.IO Payments will either be ultimately rejected or successfully completed as CEX.IO Payments.

21.12. CEX.IO Payments may fail due to circumstances beyond CEX.IO’s control. In the event that a CEX.IO Payment fails, you will be promptly notified of such failure. You may reinitiate the transfer by submitting new CEX.IO Pay Instructions in accordance with the procedures set forth in these Terms.

21.13. All completed CEX.IO Payments are final and, except as expressly provided herein, are not subject to reversal or cancellation. CEX.IO reserves the sole and absolute discretion to accept or refuse any cancellation request. Acceptance of any cancellation request shall not create any obligation or precedent to cancel future CEX.IO Payments under the same or similar circumstances. CEX.IO reserves the right to cancel or refuse to process any Pending CEX.IO Payments as required by applicable law, regulation, court order, or directive of any governmental or regulatory authority to which CEX.IO is subject in any applicable jurisdiction.

21.14. Fees. There are no fees charged by CEX.IO for the use of the CEX.IO Pay Service, unless expressly stated otherwise in the Terms or communicated to the User with reasonable prior notice.

21.15. By using the CEX.IO Pay Service, you acknowledge and agree that, for the purpose of facilitating Digital Asset transfers and ensuring accurate identification of transaction counterparties, certain limited identifying information will be disclosed to the recipient of each CEX.IO Pay transaction. Specifically, the recipient will be able to view: (i) your registered first name, (ii) the first letter of your last name, and (iii) your unique CEX.IO user identification number, as assigned to your CEX.IO Account. Where a CEX.IO Pay transaction involves Users served by different CEX.IO Affiliates, limited personal data necessary to facilitate the transaction may be shared between such Affiliates. Any such data sharing is strictly limited to the execution of the transaction and is subject to appropriate contractual, privacy, and security safeguards in accordance with applicable data protection laws. CEX.IO does not authorize recipients to use or process this information for any purpose beyond the intended transaction. For additional information on how CEX.IO collects, uses, and protects your personal data, please refer to our Privacy Policy.

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. DELISTING OF DIGITAL ASSETS  FROM CEX.IO PLATFORM 

24.1. CEX.IO reserves the right to delist any Digital Asset for any reason, including but not limited to, low liquidity or blockchain issues.

24.2. CEX.IO will notify Users of any upcoming delisting with a minimum of thirty (30) days' prior written notice. The User is obligated to exchange, if such a possibility is preserved, or withdraw Digital Asset that will be delisted to an external wallet within thirty (30) calendar days of such notice.

24.3. Upon expiration of the thirty (30) calendar day notice period, if the amount of the delisted Digital Asset falls below the minimum withdrawal amount, CEX.IO will write off the remaining balance in the delisted Digital Asset on the User’s Account. The User may refer to the Limits and Commission webpage for details on the minimum withdrawal amounts for each Digital Asset.

24.4. Additionally, CEX.IO reserves the right, after the expiration of the thirty (30) calendar day notice period, to convert the User’s remaining funds in the delisted Digital Asset into USD Coin (‘USDC’) or Tether (‘USDT’) or any other stablecoin at the average Digital Asset rate over the five (5) calendar days preceding the delisting date. A commission for such conversion will apply, the amount of which will vary depending on the Digital Asset and will be communicated to Users via email prior to the delisting date.

24.5. If CEX.IO is unable to convert the delisted Digital Asset due to its low liquidity or any other reason, CEX.IO reserves the right to irrevocably write off all remaining delisted Digital Asset funds in the User’s Account and cease support for the relevant blockchain.

24.6. Upon announcing the delisting of the Digital Asset, CEX.IO reserves the right to suspend all related services, including but not limited to, deposits, trading, and conversions. However, CEX.IO will maintain the ability for Users to withdraw the Digital Asset that will be delisted recently.

24.7. The thirty (30) days term for withdrawal of the Digital Asset that will be delisted will not be available in case of a force-major, namely an event beyond CEX.IO control, including, but not limited to the Digital Asset’s non-working blockchain or wallet, due to which CEX.IO will be unable to conduct any transactions.

24.8. The User acknowledges and agrees that failure to withdraw the delisted Digital Asset within the specified thirty (30) day period before its delisting will result in the User losing access to those funds.

24.9. CEX.IO reserves the right to cease any trading pair without prior notice to the Users.

24.10. In some cases that may potentially bring losses to CEX.IO and/or the Users, or in case of any force majeure, or in the event that CEX.IO receives an order from a relevant government authority and/or Digital Asset Delisting is part of a legal or regulatory action CEX.IO is entitled under its sole discretion to delist any Digital Asset from the Platform immediately.

24.11. CEX.IO’s prior notice obligation mentioned in this section is deemed fulfilled from the moment of sending the email to the User.

25. DEATH OF ACCOUNT HOLDER

25.1. 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.

25.2. 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.

25.3. 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.

26. RECOURSE FOR BREACH OF THE TERMS OF USE

26.1. 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.

26.2. 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.

27. SERVICES AVAILABILITY

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

27.2. 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.

27.3. 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.

28. API, WIDGETS, AND MOBILE APPLICATIONS

28.1. API request limit is determined on a case-by-case basis by the respective separate contract. If the limit is exceeded, it may result in a delay 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.

28.2. 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.

28.3. 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).

28.4. 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.

28.5. 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).

28.6. 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.

28.7. 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.

28.8. 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.

28.9. 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.

29. INTELLECTUAL PROPERTY

29.1. All content on the Site is the property of CEX.IO and is protected by copyright, patent, trademark, trade secrets or 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, X, (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, X, 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 support (TLS 1.2 or higher)(e.g.Google Chrome version 90.0 or above; Mozilla Firefox version 88.0 or above; Microsoft Edge version 90.0 or above; Safari version 14.0 or above; Opera version 76.0 or above) with Cookies and JavaScript 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 offer marketing, incentive programmes under which eligible users may receive promotional bonuses, rewards, fee rebates or similar (collectively, “Promotions”) from time to time. Such Promotions are ancillary to the Services and do not alter the nature or scope of the Services described in these Terms of Use. The detailed terms, conditions and mechanics of any Promotions are governed by separate terms and Promotions and Reward Center Terms as published by CEX.IO from time to time, which apply in addition to these Terms of Use. Before participating in any future Promotions, you agree to abide by the corresponding terms of use provided at the time of the promotion. 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. COMPLAINTS

42.1. If you wish to make a complaint, please fill out this form or contact us via email at support@cex.io. This form is intended solely for the submission of formal complaints regarding specific issues requiring review and resolution. Once submitted, we will review your complaint and send an acknowledgement via email within 2 business days. 

42.2 If you are not satisfied with our handling of your complaint, you may wish to contact your state regulator. Please see our Licenses and Registrations page for additional information.

42.3 The complaints procedure is not to be used for general or support-related matters, including but not limited to password resets, identity verification, or changes to email or contact information. For those inquiries, please contact us via in-app or on the website through the “Contact Support” chat function. 

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. DISPUTE RESOLUTION. ARBITRATION AGREEMENT

44.1.  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.

44.2. 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 the American Arbitration Association (“AAA”), rather than in court.

44.3. 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.

44.4. 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.

44.5. 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: 100 SE 2nd St, Suite 3852 Miami, Florida, 33131, USA.

44.6. 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.

44.7. 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.

44.8. 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.

44.9. 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.

44.10. 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.

44.11. 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.

44.12. 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 American Arbitration Association (“AAA”) Rules.

44.13. 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).

44.14. 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.

44.15. 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.

44.16. 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.

44.17. 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.

44.18. 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.

44.19. 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.

44.20. 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.

44.21. 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.

44.22. 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.

44.23. 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.

44.24. 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.

44.25. 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.

44.26. 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 Live Chat on the Site. CEX.IO Corp. is located at 100 SE 2nd St, Suite 3852 Miami, Florida, 33131, USA.

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

GENERAL RISK DISCLOSURE 

This General Risk Disclosure (“Disclosure”) is provided by CEX.IO Corp. (“CEX.IO”, “we”, or “us”) to inform you (“you” or “User”) of certain material risks associated with the use of our Services, as well as the purchase, sale or exchange of Digital Assets in general. By accessing or using the Platform, you acknowledge that you have read, understood, and accepted the following risks. Before engaging in Digital Asset transactions, we encourage you to familiarize yourself with the nature and risks of such assets. Educational resources are available at Support Center or CEX.IO University. 

DIGITAL ASSETS ARE SUSCEPTIBLE TO FRAUD, CYBERSECURITY THREATS, AND IRREVERSIBLE LOSS. By using the Platform, you expressly acknowledge, understand, and accept the following risks: 

Risk of fraud

 By engaging in transactions involving Digital Asset through the Platform, you acknowledge and understand that the nature of Digital Asset may expose you to an increased risk of fraud and deceptive practices. Fraudulent schemes may include, without limitation, impersonation of legitimate businesses, investment scams, romance scams, social-engineering attacks, phishing, or misuse of compromised accounts. Because Digital Assets are transferred on decentralized networks and transactions are final once executed, it may be impossible to stop, reverse or recover assets transferred as a result of fraud or unauthorized activity. Users are solely responsible for verifying the authenticity of communications, websites, and counterparties before authorizing any transaction. The Platform does not offer recovery or replacement of Digital Assets or Fiat currency if you lose funds because of fraud or scams. 

Cybersecurity threats

You acknowledge that Digital Assets and related services may be subject to attacks by hackers, malware, phishing attempts, credential compromise, or other unauthorized access attempts targeting blockchain networks, accounts, wallets, private keys, APIs, or third-party vendors. Due to the decentralized, digital, and pseudonymous nature of Digital Asset, malicious actors may attempt to gain unauthorized access to your account, private keys, or login credentials to steal your assets. These risks may result in the permanent and irrecoverable loss of Digital Assets. 

Irretrievable loss of Digital Asset 

Digital Asset(s) transfers are generally irreversible by design. Once executed and recorded on a blockchain, a transaction may not be canceled, reversed, or modified. This applies in cases of mistaken, unauthorized, or fraudulent transfers. You acknowledge that immutability and finality of blockchain transactions may lead to the permanent loss of funds if incorrect transfer instructions are provided or your account is compromised. CEX.IO is not liable for such losses, except to the extent explicitly required by applicable law. 

Technological failures and Platform outages

 You acknowledge that the Platform, including any affiliated wallet infrastructure, blockchain networks, or access portals, may be affected by technical disruptions, outages, or system errors that impair your ability to access, control, or use your Digital Assets. These events may occur with or without notice and may result in delays, failed transactions, or temporary inability to transact. The Platform does not assume liability for losses, missed opportunities, or damages arising from any such disruptions, except to the extent required by applicable law. 

Price volatility risk 

You acknowledge that Digital Assets are volatile and may experience rapid and substantial price changes, including sharp increases or decreases over short periods. You may lose some or all of the value of your assets. You should only transact after evaluating whether such volatility or Digital Asset is appropriate for your financial situation and risk tolerance.

Liquidity, delisting, and network congestion risk 

You acknowledge that market liquidity for Digital Assets can be limited or deteriorate quickly. Trading halts, delistings, order-book illiquidity, protocol outages or upgrades, or blockchain congestion and fee spikes may delay, restrict, or prevent your ability to buy, sell, convert, transfer, or withdraw Digital Assets. In some cases, such actions may occur without prior notice to comply with law, address security or operational concerns, or as otherwise permitted under the Terms. Transfers may be irrevocable, and delays or unavailability may result in financial loss.

No federal or private insurance

 You acknowledge that Digital Asset(s) held or transacted through the Platform is not insured or guaranteed by any governmental agency, including, without limitation, the Federal Deposit Insurance Corporation (FDIC) or the Securities Investor Protection Corporation (SIPC), nor are they covered by any private insurance against theft, loss, or unauthorized access.

Regulatory risk 

The legal and regulatory treatment of Digital Asset is evolving. Laws, regulations, policies, and enforcement approaches may change or be newly introduced at the state, federal, or international level. You acknowledge that these changes may adversely affect the legality, availability, or use of our services or specific Digital Asset(s), and regulatory developments may impact your ability to buy, sell, transfer, or hold Digital Asset(s).

User responsibility

 You acknowledge that you are solely responsible for maintaining the security and confidentiality of your login credentials, two-factor authentication, and wallet information. You agree to promptly notify CEX.IO of any suspected unauthorized, mistaken, or accidental transactions. To the fullest extent permitted by law, any delay or failure to notify may materially limit CEX.IO’s ability to assist you,, in your efforts, including, without limitation to locate freeze, or attempt to recover assets or otherwise taking remedial steps, and may prejudice or adversely affect any rights you may have to dispute the Transaction. You further acknowledge that you are solely responsible for determining, reporting, and paying all taxes that may arise from your use of the Services or any Transaction. CEX.IO does not provide tax advice and does not calculate, withhold, or remit taxes on your behalf unless explicitly required by law.

Fees structure

CEX.IO generates substantially all of its revenue from transaction fees charged in connection with the purchase, sale, exchange, or other disposition of Digital Asset and related services provided to users via the Platform. These transaction fees may be assessed as either (i) a fixed amount per transaction or (ii) a percentage of the transaction value, depending on the type of transaction, asset class, market conditions, and service level. The applicable fees are described available at Limits and Commissions. You acknowledge that Fees are generally applied at the time of transaction execution and are deducted automatically from your available balance in the relevant currency or Digital Asset, unless expressly stated otherwise.

BY ACCESSING OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND ACCEPTED THE ABOVE RISKS. YOU AGREE THAT CEX.IO SHALL NOT BE LIABLE FOR ANY LOSSES ARISING OUT OF OR IN CONNECTION WITH FRAUD, CYBERSECURITY BREACHES, TECHNICAL FAILURES, OR THE IRREVERSIBLE NATURE OF DIGITAL ASSET TRANSACTIONS, EXCEPT WHERE EXPRESSLY REQUIRED BY LAW.

Custody and Safeguarding of Funds: CEX.IO Corp stores user funds securely and follows strict safeguarding policies and procedures. Fiat funds are stored in licensed U.S. banking institutions. Portions of fiat funds may be stored in regulated fully reserved stablecoins. Digital asset custody is a combination of self-custody and the use of U.S. licensed institutional grade custodial solutions. A small portion of digital assets may be kept in hot wallets for liquidity purposes. The great majority of funds are stored in cold wallets to maximize security.  

Segregation of Funds: CEX.IO Corp maintains users’ funds in segregated accounts, separate from corporate funds. Users’ funds are held strictly for the benefit of the users..  

Regulatory Compliance: CEX.IO Corp operates under the laws of various states. The company complies with applicable regulations for the safeguarding of users assets, such as maintaining certain capital reserves and following strict security protocols. 

Insurance Coverage: The company holds surety bonds required for compliance with the money transmitter licenses it operates under. A surety bond serves as a financial guarantee for consumers and regulatory authorities that the money transmitter will comply with all applicable laws and regulations governing its operations. Individual account breaches (e.g. unauthorized access via users’ credentials) are not covered by insurance. Users' funds are not covered by FDIC insurance.

Availability of Funds: Funds stored by users are accessible to users within their accounts. Withdrawals are processed on the timelines applicable to specific withdrawal methods. Under certain conditions, the company reserves the right to suspend both fiat and crypto transactions in cases including but not limited to suspected fraud, illegal activity, regulatory breaches, market manipulation, or market volatility. 

Last update: 29 June 2026

GENERAL RISK DISCLOSURE. NO ADVICE. USER RESPONSIBILITY

This General Risk Disclosure, No Advice and User Responsibility Notice (the “Disclosure”) is provided by CEX OVRS LLC to inform you (“you” or the “User”) of certain material risks associated with Digital Assets and the use of the Platform and the Services. This Disclosure forms an integral part of the Terms and is incorporated into the Terms by reference.

Before opening an Account, accessing or using the Platform, using any Service or entering into any Transaction, you must carefully read and understand this Disclosure and the Terms. By accessing or using the Platform or any Service, you acknowledge that you have read, understood and accepted this Disclosure and that you are able to bear the economic, technological, legal, regulatory, tax and operational risks associated with Digital Assets and the Services, including the risk of partial or total loss. If you do not understand the nature of any Digital Asset, Service, Transaction or associated risk, you must not proceed.

Digital Assets are high-risk and highly volatile. The value of Digital Assets may rise or fall significantly, and you may lose all or a substantial part of the value of your Digital Assets. Digital Asset transactions may be irreversible and may be affected by fraud, cyber incidents, technical failures, market disruption, liquidity constraints, delisting, network congestion, forks, protocol events, regulatory changes and other events outside CEX.IO’s control. Digital Assets and related Services may not be protected by any compensation scheme, insurance arrangement or other loss-protection mechanism.

The Services are provided on an execution-only basis. Unless expressly stated otherwise by CEX.IO in writing and to the extent required by applicable law, CEX.IO does not provide investment advice, financial advice, legal advice, tax advice, personal recommendations or any other form of regulated or professional advice. Nothing on the Platform, in the Terms, in this Disclosure, in any market data, chart, research material, educational content, product description, asset summary, staking information, communication, notification or other material made available by CEX.IO shall be treated as advice, a recommendation, a personal recommendation, an endorsement, an invitation or a solicitation to buy, sell, hold, stake, transfer, convert or otherwise transact in any Digital Asset or to use any particular Service.

CEX.IO does not assess, and shall not be deemed to assess, the merits, suitability or appropriateness of any Transaction, Digital Asset or Service for you, except to the extent required by applicable law. You are solely responsible for deciding whether any Digital Asset, Transaction or Service is appropriate for you, taking into account your financial situation, risk tolerance, knowledge, experience, objectives and legal, regulatory and tax circumstances. You should conduct your own due diligence and seek independent professional advice where appropriate.

Your use of the Platform and the Services may be subject to onboarding controls, identity verification, risk warnings, transfer-of-funds information requirements, transaction monitoring, sanctions screening, fraud-prevention controls, risk-management controls and other compliance measures which CEX.IO may apply from time to time in order to satisfy Applicable Law, internal compliance policies and operational requirements.

Digital Assets are susceptible to fraud, cybersecurity threats and irreversible loss. By using the Platform or any Service, you expressly acknowledge, understand and accept the following risks.

Risk of fraud. By engaging in Transactions involving Digital Assets through the Platform, you acknowledge and understand that the nature of Digital Assets may expose you to an increased risk of fraud and deceptive practices. Fraudulent schemes may include, without limitation, impersonation of legitimate businesses, investment scams, romance scams, social-engineering attacks, phishing or misuse of compromised accounts. Because Digital Assets are transferred on decentralised networks and Transactions may be final once executed, it may be impossible to stop, reverse or recover assets transferred as a result of fraud, mistake or unauthorised activity. You are solely responsible for verifying the authenticity of communications, websites, instructions, recipients and counterparties before authorising any Transaction.

Cybersecurity threats. Digital Assets and related services may be subject to attacks by hackers, malware, phishing attempts, credential compromise or other unauthorised access attempts targeting blockchain networks, accounts, wallets, private keys, APIs, third-party vendors or other infrastructure. Due to the digital and pseudonymous nature of Digital Assets, malicious actors may attempt to gain unauthorised access to your Account, login credentials, Security Credentials, API keys, wallet information or devices to steal your assets. These risks may result in the permanent and irrecoverable loss of Digital Assets.

Irretrievable loss of Digital Assets. Digital Asset transfers are generally irreversible by design. Once executed, broadcast, settled or recorded on a blockchain, a Transaction may not be capable of cancellation, reversal or modification. This applies in cases of mistaken, unauthorised or fraudulent transfers. You acknowledge that immutability and finality of blockchain transactions may lead to the permanent loss of funds if incorrect Transaction Details are provided or if your Account, device, wallet, credentials or other access method is compromised.

Technological failures and Platform outages. The Platform, the Services, wallet infrastructure, blockchain networks, APIs, access portals and related systems may be affected by technical disruptions, outages, congestion, cyber incidents, system errors, maintenance, third-party failures or other events that impair your ability to access, control, use, buy, sell, convert, transfer, stake, withdraw or otherwise deal with Digital Assets. These events may occur with or without notice and may result in delays, failed Transactions, missed opportunities or temporary or permanent inability to transact.

Price volatility risk. Digital Assets are volatile and may experience rapid and substantial price changes, including sharp increases or decreases over short periods. You may lose some or all of the value of your Digital Assets. You should only transact after evaluating whether the relevant Digital Asset, Transaction or Service is appropriate for your financial situation and risk tolerance.

Liquidity, delisting and network congestion risk. Market liquidity for Digital Assets may be limited or deteriorate quickly. Trading halts, delistings, order-book illiquidity, protocol outages or upgrades, blockchain congestion, fee spikes, forks, protocol events or other market or network conditions may delay, restrict or prevent your ability to buy, sell, convert, transfer, stake or withdraw Digital Assets. In some cases, such actions may occur without prior notice in order to comply with law, address security or operational concerns, or as otherwise permitted under the Terms. Delays, restrictions or unavailability may result in financial loss.

Regulatory risk. The legal and regulatory treatment of Digital Assets is evolving. The legal and regulatory treatment of Digital Assets is evolving. Laws, regulations, policies, guidance and enforcement approaches may change or be newly introduced in any relevant jurisdiction. Such changes may adversely affect the legality, availability, transferability, value or use of the Services or any specific Digital Asset, and may impact your ability to buy, sell, transfer, convert, stake, withdraw or hold Digital Assets.

No insurance or loss protection. Digital Assets held or transacted through the Platform may not be insured, guaranteed or protected by any governmental agency, compensation scheme, private insurance arrangement or other loss-protection mechanism against theft, loss, unauthorised access, fraud, cyber incident, market loss, technical failure or other loss event.

User responsibility. You are solely responsible for maintaining the security and confidentiality of your login credentials, Security Credentials, two-factor authentication, wallet information, devices, API keys and other access methods. You must promptly notify CEX.IO of any suspected unauthorised, mistaken, accidental, suspicious or erroneous Transaction or Account activity. To the fullest extent permitted by applicable law, any delay or failure to notify CEX.IO may materially limit CEX.IO’s ability to assist with locating, freezing, recovering or otherwise taking remedial steps in relation to assets or Transactions, and may prejudice or adversely affect any rights you may have to dispute the relevant Transaction.

Tax responsibility. You are solely responsible for determining, reporting and paying all taxes, duties, levies, charges, withholdings and similar fiscal liabilities that may arise from your access to or use of the Platform, the Services, any Digital Asset or any Transaction. CEX.IO does not provide tax advice and does not calculate, withhold or remit taxes on your behalf unless expressly required by applicable law.

Fees and charges. CEX.IO may charge fees, commissions, spreads, network fees, processing fees, withdrawal fees, third-party charges and other amounts in connection with the purchase, sale, exchange, conversion, transfer, withdrawal or other use of Digital Assets and related Services. Such fees and charges may be assessed as a fixed amount, a percentage of the Transaction value, a spread or otherwise, depending on the type of Transaction, Digital Asset, market conditions, Service, payment method or other applicable factor. Applicable fees and charges are described in the Terms, the applicable fee schedule, the Limits and Commissions page or the relevant transaction flow. You acknowledge that fees and charges may be applied at the time of Transaction execution and may be deducted automatically from your available balance in the relevant Fiat Currency or Digital Asset, unless expressly stated otherwise.

No fiduciary duty, advisory duty, trustee duty, portfolio-management duty or similar duty arises between CEX.IO and the User by reason only of the User’s access to the Platform or use of the Services.

BY ACCESSING OR USING THE PLATFORM OR ANY SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND ACCEPTED THIS DISCLOSURE AND THE RISKS DESCRIBED HEREIN. YOU AGREE THAT CEX.IO SHALL NOT BE LIABLE FOR ANY LOSSES ARISING OUT OF OR IN CONNECTION WITH FRAUD, CYBERSECURITY BREACHES, TECHNICAL FAILURES, MARKET MOVEMENTS, LIQUIDITY CONSTRAINTS, REGULATORY CHANGES, NETWORK EVENTS OR THE IRREVERSIBLE NATURE OF DIGITAL ASSET TRANSACTIONS, EXCEPT TO THE EXTENT EXPRESSLY REQUIRED BY APPLICABLE LAW.

IF YOU DO NOT ACCEPT THIS DISCLOSURE OR THE TERMS, YOU MUST NOT ACCESS OR USE THE SITE, THE PLATFORM, THE ACCOUNT OR ANY SERVICE.

TERMS OF USE

These Terms of Use, together with the Privacy Policy, the General Risk Disclosure, any applicable fee schedule, product-specific terms and any other document expressly incorporated by reference , govern the User’s access to and use of the Site, the Platform, the Account and the Services made available by CEX.IO from time to time.

These Terms constitute a legally binding electronic agreement between the User and  CEX OVRS LLC, a limited liability company, established in St. Kitts and Nevis, company number: L 22275, with registered office address at Suite 1, A.L. Evelyn LTD Building, Charlestown, Nevis (“CEX.IO”, “we”, “us” or “our”).

By registering for or opening an Account, clicking any acceptance, registration or similar button, accessing or visiting the Site or the Platform, submitting any Instruction, or using any Service, the User confirms that the User has read, understood and accepted these Terms, the Privacy Policy and any documents incorporated by reference, and agrees to be bound by them from the date of such acceptance or first use, whichever occurs earlier (the “Effective Date”). If the User does not agree to these Terms, the User must not access or use the Site, the Platform, the Account or any Service.

Where the User accesses or uses the Site, the Platform, the Account or any Service on behalf of a company, partnership or other legal entity, the User represents and warrants that the User is duly authorised to bind such entity to these Terms, and all references in these Terms to the “User” shall be construed accordingly.

Access to certain Services, products, features, account tiers or functionality may be subject to additional agreements, supplemental terms, product-specific terms, eligibility requirements, risk disclosures, onboarding requirements, transaction limits or other conditions notified by CEX.IO from time to time. In the event of any inconsistency between these Terms and any applicable product-specific terms, the product-specific terms shall prevail solely in respect of the relevant Service, product, feature or functionality, unless expressly stated otherwise.

The Site, the Platform and the information made available through them are intended only for persons to whom CEX.IO may lawfully provide the relevant Services. The availability of the Site, the Platform or any Service does not constitute a representation or warranty that any Service, Digital Asset, product, feature or functionality is lawful, available or appropriate for use in any particular jurisdiction or by any particular category of User. Eligibility and jurisdictional restrictions are set out in these Terms and may be applied by CEX.IO from time to time in accordance with applicable law and CEX.IO’s internal policies.

These Terms apply to the User’s access to and use of the Site, the Platform, the Account and any Service provided by CEX.IO and do not amend, replace or otherwise affect the terms of any separate agreement that the User may have entered into with CEX.IO in relation to specific products, services or arrangements, except where expressly stated.

CEX.IO may amend these Terms from time to time in accordance with the Section 33 (Modifications and Amendments). Notice of material changes may be provided by posting the revised Terms on the Site or Platform, updating the relevant “Last Updated” date, or by any other communication method permitted under these Terms. The User is responsible for reviewing the most current version of these Terms and any notices made available by CEX.IO through the Site, the Platform or other official communication channels. Continued access to or use of the Site, the Platform, the Account or any Service after any amendment becomes effective shall constitute acceptance of the amended Terms. If the User does not agree to any amendment, the User must cease using the Services and, where applicable, close the Account in accordance with these Terms.

CEX.IO 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, GuineaBissau, Haiti, India, Iran, Iraq, Japan, Lebanon, Libya, Mali, Myanmar, North Korea, Puerto Rico, Russian Federation, Singapore, Somalia, South Sudan, State of Palestine, Sudan, Syria, United States, United States Virgin Islands, United Kingdom, Venezuela, Yemen, together with any other jurisdiction designated by CEX.IO from time to time.

The User is solely responsible for understanding and complying with any laws, rules and regulations applicable to the User in connection with the User’s access to or use of the Site, the Platform, the Account, the Services, any Digital Asset or any Transaction.If you are uncertain about your status under the laws of the country in which this Site is being viewed, please contact support@cex.io. 

With effect from 08 October 2023, promotions relating to cryptoassets are within the scope of the U.K.'s financial promotion regime. The effect of this extension is broadly that promotions to buy or sell cryptoassets or to engage in certain investment services relating to cryptoassets are subject to the financial promotion restriction. Remaining committed to our customers, CEX.IO understands and shares the importance of reducing and preventing harm to all of them and helps strengthen how people are protected from the high risks associated with cryptoassets. The website (“Website”) and the information on it was prepared by CEX.IO only for, and is directed only at UK  consumers for the purposes of Financial Services and Markets Act 2000 (FSMA“) and the rules and guidance of the Financial Conduct Authority of the United Kingdom (“FCA”).The information on the Website is indicative only and is not intended to constitute any form of financial promotion within the meaning of the FSMA.

Remaining committed to our customers, CEX.IO understands and shares the importance of reducing and preventing harm to all of them and helps strengthen how people are protected from the high risks associated with cryptoassets.

1. DEFINITIONS

1.1. Capitalised terms used in these Terms shall have the meanings given to them below, unless the context otherwise requires.

1.1.1. Account means an account opened by the User with CEX.IO through the Platform and maintained in the User’s name, through which the User may access and use the Services, subject at all times to these Terms and any applicable product-specific terms.

1.1.2. Account Review means any review carried out by CEX.IO in relation to the User’s Account, Account activity, Transactions, source of funds, source of wealth, identity, verification status, risk profile, security status, compliance status or any other matter relevant to CEX.IO’s legal, regulatory, compliance, fraud-prevention, security or risk-management requirements.

1.1.3. API means any application programming interface or other automated connectivity solution made available by or on behalf of CEX.IO from time to time.

1.1.4. Applicable Law means any applicable law, statute, regulation, rule, regulatory requirement, binding regulatory guidance, court order, sanctions regime, governmental or regulatory direction or other legal requirement applicable to CEX.IO, the User, the Platform, the Account, the Services, any Digital Asset, any Transaction or any relevant activity.

1.1.5. Authorised Transaction means a Transaction initiated using the User’s Account credentials, linked Payment Method, Security Credentials, approved device, API key or other authentication mechanism, whether or not the User later disputes or claims that such Transaction was unauthorised or fraudulent, except to the extent otherwise required by Applicable Law.

1.1.6. Business Day means any day other than a Saturday, Sunday or public holiday on which banks are generally open for business in the jurisdiction relevant to the relevant payment, transfer, Transaction, notice or Service, unless otherwise specified by CEX.IO.

1.1.7. Buyer means the User who submits an Order to buy Digital Assets through the Platform.

1.1.8. CEX.IO Pay means a Digital Asset transfer initiated through the CEX.IO Pay Service in accordance with these Terms.

1.1.9. CEX.IO Pay Service means the Service through which eligible Users may send or receive certain Digital Assets to or from other eligible CEX.IO Account holders on the Platform, where such functionality is made available by CEX.IO from time to time.

1.1.10. CEX.IO Spot Trading means the functionality Service that enables eligible Users, subject to availability and eligibility, to place Orders for the purchase and sale of supported Digital Assets for immediate or near-immediate execution on the Platform in accordance with these Terms.

1.1.11. Charges means all fees, commissions, network fees, processing fees, withdrawal fees, custody-related charges, maintenance fees, inactivity-related charges, third-party charges, recovery fees, spreads, foreign exchange costs, bank charges, intermediary charges, return fees and any other amounts payable in connection with the User’s access to or use of the Services, as notified to the User through the Platform, the Fee Schedule, quote, order screen, transaction confirmation or otherwise in accordance with these Terms.

1.1.12. Cryptocurrency and/or Digital Asset(s) means any digital representation of value, right or other asset, including any cryptoasset, cryptocurrency, token, stablecoin, virtual currency or similar digital unit, that is based on, recorded on, transferred through or otherwise associated with a cryptographic protocol, distributed ledger, blockchain or similar technology, as supported by CEX.IO from time to time.

1.1.13. Deposit means any crediting of Fiat Currency and/or Digital Assets to the User’s Account, whether by bank transfer, card-funded purchase flow, blockchain transfer, internal transfer or any other method accepted by CEX.IO from time to time.

1.1.14. Effective Date means the date on which the User accepts these Terms or first accesses or uses the Site, the Platform, the Account or any Service, whichever occurs earlier.

1.1.15. Fee Schedule means any fee schedule, Limits and Commissions page, pricing page, product page, transaction screen, quote, confirmation interface or other disclosure made available by CEX.IO from time to time setting out applicable Charges, limits, commissions, network fees, spreads or other pricing information.

1.1.16. Fiat Currency means government-issued currency that is recognised as legal tender by the country or monetary union of issuance.

1.1.17. Force Majeure means any event or circumstance beyond CEX.IO’s reasonable control, including any act of God, natural disaster, epidemic, pandemic, war, terrorism, civil unrest, industrial dispute, governmental action, change in Applicable Law, interruption of utilities, cyber incident, failure of telecommunications, internet or cloud services, banking outage, payment system failure, blockchain failure, validator failure, exchange outage or other third-party infrastructure failure.

1.1.18. Funds means, collectively, Digital Assets and/or Fiat Currency.

1.1.19. General Risk Disclosure means the general risk disclosure made available by CEX.IO from time to time, as amended, updated or replaced by CEX.IO, which forms an integral part of these Terms and is incorporated into these Terms.

1.1.20. Instruction means any request, order, command, election, designation, confirmation or other communication submitted or purportedly submitted by the User or on the User’s behalf through the Platform, the Account, an API connection, a linked Payment Method, approved device, verified communication channel or any other channel accepted by CEX.IO for the purposes of a Service.

1.1.21. Instant Buy means the functionality enabling eligible Users to purchase supported Digital Assets through a simplified transaction flow, where such functionality is made available by CEX.IO from time to time.

1.1.22. Instant Sell means the functionality enabling eligible Users to sell supported Digital Assets through a simplified transaction flow, where such functionality is made available by CEX.IO from time to time.

1.1.23. Maintenance Fee means a fee charged by CEX.IO for maintaining, preserving, storing or administering balances in Fiat Currency and/or Digital Assets in Accounts that are inactive, dormant, deactivated or otherwise subject to inactivity treatment in accordance with these Terms.

1.1.24. Order means any Instruction submitted by the User through the Platform requesting CEX.IO to perform a Service. When an Order, in whole or in part, is carried out, the executed portion constitutes a Transaction.

1.1.25. Payment Method means any payment method made available or accepted by CEX.IO from time to time, including Apple Pay, Google Pay, debit card, bank transfer, payment account, payment card or any other funding or payment method supported by CEX.IO.

1.1.26. Personal Data or Personal Information means any information relating to an identified or identifiable natural person, or any equivalent concept of personal data, personal information or personally identifiable information, in each case as defined under Applicable Law relating to privacy or data protection.

1.1.27. Platform means the digital environment made available by or on behalf of CEX.IO through the Site, any mobile application, API, hosted interface, account dashboard, trading interface, wallet infrastructure or any associated technological functionality through which the Services are provided.

1.1.28. Privacy Policy means the privacy policy made available by CEX.IO from time to time, as amended, updated or replaced by CEX.IO, which is incorporated into and forms part of these Terms by reference.

1.1.29. Promotion means any marketing, promotional, incentive, referral, rebate, discount, trading-fee balance, reward, cashback or similar programme offered by CEX.IO from time to time under which eligible Users may receive promotional bonuses, rewards, fee rebates, fee discounts, trading fee balances, cashback, referral benefits or other promotional benefits.

1.1.30. Promotion Terms means the separate terms and conditions applicable to a Promotion, including any Promotions and Reward Center Terms, eligibility criteria, disclosures, limitations, restrictions, expiry periods, qualification criteria, reward rules, tax information and any other conditions made available by CEX.IO in relation to that Promotion.

1.1.31. Quote Currency means the second symbol in a Trading Pair.

1.1.32. Seller means the User who submits an Order to sell Digital Assets through the Platform.

1.1.33. Services means any and all products, services, functionalities, technologies, software, interfaces, wallet features, exchange features, conversion tools, API access, account services, support features and related services made available by or on behalf of CEX.IO from time to time, including, where available, account functionality, wallet and balance functionality, Fiat Currency and Digital Asset Deposits and Withdrawals, spot trading, purchase, sale, exchange and conversion functionality, Instant Buy, Instant Sell, CEX.IO Pay, Staking and any other product, tool, feature or functionality designated by CEX.IO as forming part of the Services.

1.1.34. Site means the CEX.IO website at https://cex.io, together with any sub-domains, successor URLs, localised versions, mobile applications and associated online interfaces through which CEX.IO makes the Platform available.

1.1.35. Staking or Staking Services means any Service made available by CEX.IO from time to time enabling eligible Users to participate, whether on a custodial or non-custodial basis, in transaction validation, consensus, delegation or similar protocol processes of supported proof-of-stake or similar blockchain networks.

1.1.36. Storage Fee means a non-refundable fee charged by CEX.IO for storing, preserving, maintaining or administering balances of a Cryptocurrency or Digital Asset that is no longer supported by CEX.IO or is otherwise subject to unsupported-asset treatment.

1.1.37. Terms means these Terms of Use, together with the Privacy Policy, the General Risk Disclosure, any applicable Fee Schedule, product-specific terms and any other document expressly incorporated by reference, as amended, updated or replaced from time to time.

1.1.38. Trading Pair means a pair of Digital Assets, Fiat Currencies or one Digital Asset and one Fiat Currency supported by CEX.IO for trading, exchange or conversion through the Platform.

1.1.39. Transaction means: (i) the execution, in whole or in part, of an Order; and (ii) any operation on the Platform involving Digital Assets or Fiat Currency, including buying, selling, sending, receiving, depositing, withdrawing, transferring, staking or converting, once accepted, processed, executed, settled, broadcast, credited, debited or otherwise recorded by CEX.IO, as applicable to the relevant Service.

1.1.40. Transaction Details means all information required or relevant for the processing of a Transaction, including, in the case of a Digital Asset transaction, the asset type, amount, recipient address, wallet address, selected network, memo, tag, destination tag, beneficiary information, originator information, wallet ownership or control information and any other transfer data required by CEX.IO; and, in the case of a Fiat Currency transaction, payment details, payment reference, beneficiary details, beneficiary bank details and any other information required by CEX.IO.

1.1.41. Transaction Fee means a fee payable to CEX.IO in respect of a completed, partially completed, matched, executed, converted, settled or otherwise processed Transaction.

1.1.42. User, the User, you or your means any person who registers for, opens, accesses or uses an Account, the Site, the Platform or any Service, and, where the relevant person acts on behalf of a company, partnership or other legal entity, includes that legal entity.

1.1.43. Withdrawal means any Transaction involving a transfer of Funds from the User’s Account to a bank account, payment account, external wallet address or other destination permitted by CEX.IO.

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

1.3. Unless the context otherwise requires: (i) words in the singular include the plural and vice versa; (ii) a reference to a “person” includes a natural person, corporate body, partnership, association, governmental authority, trust or other legal arrangement; (iii) references to “including”, “include”, “in particular” or similar expressions shall be construed as illustrative and shall not limit the generality of the words preceding them; and (iv) references to any law or regulation include that law or regulation as amended, extended, consolidated, re-enacted or replaced from time to time.

2. ACCESS TO THE PLATFORM AND SERVICES

2.1. These Terms govern the User’s access to and use of the Platform, the Account and any Services made available by CEX.IO from time to time. By registering for an Account, accessing the Platform, submitting any Instruction or using any Service, the User agrees to be bound by these Terms, any applicable product-specific terms, the General Risk Disclosure, the Privacy Policy, the applicable fee schedule and any other document expressly incorporated into these Terms by reference.

2.2. The Platform is made available to the User as a digital environment through which eligible Users may access such products, tools, features and functionalities as CEX.IO may make available from time to time, subject always to these Terms, Applicable Law, successful onboarding and verification, product availability, operational capacity, jurisdictional restrictions and any eligibility, product-specific, transaction-specific or risk-based criteria applied by CEX.IO.

2.3. The Services may include account functionality, wallet and balance functionality, Fiat Currency and Digital Asset Deposits and Withdrawals, spot trading, purchase, sale, exchange and conversion functionality, Instant Buy and Instant Sell, CEX.IO Pay, Staking and any other product, tool, feature or functionality expressly designated by CEX.IO as forming part of the Services from time to time.

2.4. The detailed terms applicable to particular Services are set out in the Section titled “CEX.IO Services” and, where applicable, in any product-specific terms, risk disclosures, product pages, fee schedules, transaction flows or supplemental terms made available by CEX.IO from time to time.

2.5. CEX.IO may, at any time and without liability except to the extent required by Applicable Law, add, amend, modify, restrict, suspend, discontinue, delist, replace or withdraw any Service, feature, Digital Asset, Trading Pair, wallet functionality, transfer route, network support, protocol support, payment method, interface, pricing methodology or eligibility criterion, whether generally or in relation to a particular User, jurisdiction, transaction type, Digital Asset, account category or activity.

2.6. CEX.IO shall have the right to establish and apply limits, thresholds, velocity checks, holding periods, settlement holds, withdrawal holds, whitelisting requirements, transaction monitoring rules, geolocation controls, account tiering, concentration limits, asset-specific conditions, pricing protections, minimum and maximum transaction sizes and other controls in relation to the Services.

2.7. Nothing in these Terms shall be construed as obliging CEX.IO to continue to support any specific Service, Digital Asset, blockchain, protocol, Trading Pair, payment method, wallet functionality, transfer route, interface or feature for any minimum period. No provision of these Terms shall be interpreted as a commitment by CEX.IO to accept every Order or Instruction, to make any market, to maintain uninterrupted access to the Platform, to ensure the continued support of any Digital Asset or blockchain, or to provide Services in any jurisdiction or to any person on an unconditional basis.

2.8. Depending on the User’s place of residence, location, Account status, verification status, customer category, risk profile and Applicable Law, the User may not be able to access or use all Services, Digital Assets, Trading Pairs, payment methods, transfer routes, wallet functionality, Promotions or Platform features. It is the User’s responsibility to ensure that the User’s access to and use of the Platform and the Services is lawful in each jurisdiction relevant to the User.

2.9. Additional products, features or services may be subject to supplemental terms, product-specific terms, separate agreements, additional risk disclosures, enhanced verification requirements, transaction limits, holding periods, security controls, jurisdictional restrictions or other conditions notified by CEX.IO from time to time. In the event of any inconsistency between these Terms and any applicable product-specific terms, the product-specific terms shall prevail solely in respect of the relevant product, feature or Service, unless expressly stated otherwise.

2.10. Beta, pilot and limited-release Services. CEX.IO may, from time to time, make available certain Services, products, tools, features, functionalities, interfaces, transaction flows, Digital Assets, Trading Pairs, payment methods, transfer routes, network support or other Platform functionality on a beta, pilot, trial, early-access, preview, limited-release, phased-rollout, testing, experimental, non-general-availability or otherwise restricted basis, whether or not expressly described as “beta” (each a “Beta Service”). Where a Service is made available as a Beta Service, CEX.IO shall identify the relevant Service, product flow, interface, functionality or user-facing disclosure as “Beta”, “Beta Service”, “Pilot”, “Early Access” or by any other substantially equivalent designation, where reasonably practicable and appropriate having regard to the nature of the relevant Service.

2.11. Any Beta Service shall be made available only to such Users, in such jurisdictions, for such period, and subject to such limits, conditions, risk disclosures, product-specific terms, technical requirements, eligibility criteria and operational controls as CEX.IO may determine and notify or make available through the Platform or other appropriate channel from time to time. The availability of any Beta Service to a User shall not constitute a representation, warranty or undertaking that such Beta Service is complete, error-free, uninterrupted, suitable for the User, available in all jurisdictions, available to all Users, or that it will be launched, maintained, expanded, made generally available or supported for any minimum period.

2.12. The User acknowledges and agrees that a Beta Service may be incomplete, subject to testing, monitoring, interruption, delay, restriction, withdrawal, modification, enhanced limits, additional verification, technical defects, reduced functionality or other constraints, and may not support all Digital Assets, Trading Pairs, payment methods, networks, order types, transaction types or Platform features. The User shall use any Beta Service strictly in accordance with these Terms, any applicable product-specific terms, customer disclosures, Platform instructions and Applicable Law.

2.13. CEX.IO may modify, restrict, suspend, withdraw, replace, deprecate, terminate, delay, expand, decline to launch or make generally available any Beta Service where CEX.IO considers this necessary or appropriate for legal, regulatory, sanctions, anti-money laundering, counter-terrorist financing, fraud-prevention, security, technology, operational resilience, market integrity, customer protection, risk-management, third-party provider, product-governance or commercial reasons. Where reasonably practicable and legally permissible, CEX.IO shall endeavour to provide notice of any material planned change to or withdrawal of a Beta Service; however, prior notice may not be possible where immediate action is required.

3. ACCOUNT

3.1. Subject to these Terms, applicable law, successful onboarding, completion of any Verification Procedures, product availability, operational capacity and any eligibility, jurisdictional, product-specific or risk-based restrictions applied by CEX.IO from time to time, the User may open and maintain an Account on the Platform for the purpose of accessing and using the Services.

3.2. The opening, maintenance and continued use of an Account is subject at all times to CEX.IO’s approval. CEX.IO may, acting reasonably and in good faith, refuse to open an Account, refuse to provide any Service, or suspend, restrict, downgrade, review or close any Account where CEX.IO considers this necessary or appropriate for legal, regulatory, sanctions, anti-money laundering, counter-terrorist financing, fraud-prevention, security, operational, market integrity, reputational or risk-management reasons.

3.3. Completion of any onboarding, verification, due diligence, screening or other review process, or any previous decision by CEX.IO to permit the User to access or use any Service, shall not oblige CEX.IO to continue to provide any Service, approve any Transaction, maintain any Account status, or refrain from carrying out further review, monitoring, screening, investigation, restriction or verification at any later time.

3.4. Unless otherwise expressly authorised by CEX.IO in writing, the User may register, maintain and use only one Account on the Platform. CEX.IO may, acting reasonably and in good faith, refuse, restrict, suspend, freeze or close any duplicate, additional, linked or related Account opened or used by the same User, or by any person acting on the User’s behalf or for the User’s benefit, where such Account has been created or used without CEX.IO’s prior express approval or otherwise in breach of these Terms.

3.5. The User must use only the User’s own Account and must not permit any other person to access, control or use the Account, except where CEX.IO has expressly permitted delegated, corporate, institutional or business access arrangements. The User must not use, access or attempt to use any account, wallet, payment instrument, bank account, card, device, credentials, API key or other access method belonging to another person, and must not assist, enable, facilitate or encourage any other person to obtain unauthorised access to the Platform or to any account, wallet, system, data or Service of CEX.IO or any third party.

3.6. Where the User accesses or uses the Platform or any Service on behalf of a company, partnership, trust, foundation or other legal entity or arrangement, the relevant entity or arrangement must be onboarded through such corporate, institutional or other account structure as CEX.IO may designate. The User shall provide all constitutional documents, approvals, authorities, beneficial ownership information, ownership and control information, authorised signatory information and other information or documents required by CEX.IO in relation thereto. CEX.IO may refuse to permit any individual Account to be used for business, corporate, institutional, fiduciary, nominee or third-party purposes.

3.7. If the User acts on behalf of a company, partnership or other legal entity, the User represents, warrants and undertakes that: (i) such entity is duly organised, validly existing and, where applicable, in good standing; (ii) the User is duly authorised to bind that entity to these Terms and to submit Instructions on its behalf; (iii) all corporate, constitutional, internal and regulatory approvals required for the use of the Services have been obtained and remain in full force and effect; and (iv) the User’s entry into, and performance of, these Terms and each Transaction does not and will not breach any constitutional document, Applicable Law, regulation, court order, sanction, financing arrangement or contractual restriction binding upon that entity.

3.8. The creation, registration, operation or use of multiple Accounts by the same User, or for the same beneficial owner, household, business, device cluster or other related person, without CEX.IO’s prior express written approval, as well as any attempt to create, control or use such Accounts for the purpose of circumventing these Terms, evading limits or controls, exploiting pricing, promotional, referral, brokerage or similar arrangements, facilitating unauthorised intermediation, concealing beneficial ownership, or engaging in fraud, market abuse, financial crime or any other improper or unlawful conduct, shall constitute a material breach of these Terms.

3.9. Without prejudice to any other rights or remedies available to CEX.IO under these Terms or Applicable Law, where CEX.IO reasonably suspects or determines that Clause 3.8 has been breached, CEX.IO may immediately suspend, restrict, freeze or terminate any or all related Accounts, cancel or reject any pending Orders or Transactions, withhold, prohibit, condition or refuse any Withdrawal of Digital Assets or Fiat Currency, restrict or disable specific Services or functionalities, require additional verification, information or explanations, subject the relevant Accounts and Transactions to enhanced review, and maintain such restrictions for so long as CEX.IO reasonably considers necessary to complete its investigation, comply with Applicable Law and protect CEX.IO, its Users and the integrity of the Platform.

3.10. CEX.IO’s obligations under these Terms are owed solely to the User named on the relevant Account and not to any third party, save where otherwise required by Applicable Law.

3.11. The User may request closure of the Account by submitting a request through such channel(s) as CEX.IO may designate from time to time. CEX.IO may require the User to complete such authentication, verification, due diligence, sanctions, fraud-prevention, security and regulatory procedures as CEX.IO reasonably considers necessary before acting upon any such request. Any request for Account closure shall be subject to: (a) the cancellation or completion of all open Orders, pending Transactions and other unsettled activity; (b) the payment in full of all amounts due, owing or accrued to CEX.IO under these Terms; (c) the provision by the User of valid and complete instructions for the withdrawal or transfer of any remaining Fiat Currency and/or Digital Assets standing to the credit of the Account, in each case to a destination permitted by CEX.IO; and (d) the completion of any verification, due diligence, sanctions, fraud-prevention, security, legal or regulatory review that CEX.IO reasonably considers necessary or appropriate. CEX.IO’s acknowledgment of a request for Account closure shall not oblige CEX.IO to close the Account immediately and shall not terminate, prejudice or otherwise affect any ongoing or subsequent investigation, monitoring activity, legal hold, regulatory review, suspicious activity assessment or cooperation with any competent authority.

3.12. Any request for Account closure shall be subject to: (i) the cancellation or completion of all open Orders, pending Transactions and other unsettled activity; (ii) the payment in full of all amounts due, owing or accrued to CEX.IO under these Terms; (iii) the provision by the User of valid and complete instructions for the withdrawal or transfer of any remaining Fiat Currency and/or Digital Assets standing to the credit of the Account, in each case to a destination permitted by CEX.IO; and (iv) the completion of any verification, due diligence, sanctions, fraud-prevention, security, legal or regulatory review that CEX.IO reasonably considers necessary or appropriate.

3.13. Closure of the Account shall not affect any rights, remedies, liabilities or obligations accrued or incurred prior to the effective date of closure, all of which shall survive such closure until fully performed, satisfied or discharged. Without limitation, the User shall remain liable for all fees, commissions, charges, costs, expenses, indemnities, negative balances, chargebacks, reversals, clawbacks, transfer costs and any legal or administrative costs reasonably incurred by CEX.IO in connection with the Account, its closure or any post-closure activity.

4. ELIGIBILITY AND RESTRICTED ACCESS

4.1. The User may open, maintain and use an Account and access the Platform or any Service only if the User satisfies, and continues to satisfy, all eligibility requirements under these Terms, applicable law and any criteria, restrictions or conditions applied by CEX.IO from time to time.

4.2. By registering for an Account, accessing the Platform or using any Service, the User represents, warrants and undertakes to CEX.IO, on a continuing basis, that:

(a) if the User is an individual, the User is at least eighteen (18) years old and has full legal capacity to enter into and perform the User’s obligations under these Terms;

(b) if the User is acting on behalf of a company, partnership or other legal entity, such entity is duly organised, validly existing and, where applicable, in good standing, and the User is duly authorised to bind that entity to these Terms and to act on its behalf in connection with the Services;

(c) the User’s access to and use of the Platform and the Services is, and will remain, lawful in each jurisdiction relevant to the User, including the User’s jurisdiction of residence, domicile, tax residence, incorporation, establishment, operation and the jurisdiction from which the User accesses the Platform;

(d) the User is not a Restricted Person;

(e) the User does not access or use, and will not access or use, the Platform or any Service from a Restricted Jurisdiction;

(f) the User has completed, and will continue to satisfy, all Verification Procedures required by CEX.IO;

(g) the User will use the Services solely in accordance with these Terms, Applicable Law and any instructions, policies, restrictions or eligibility criteria notified by CEX.IO from time to time; and

(h) the User is acting as principal and on the User’s own behalf, unless the User has disclosed to CEX.IO, and CEX.IO has expressly accepted, that the User is acting for or on behalf of another person.

4.3. If the User is a legal entity, the User further represents and warrants that: (i) the User’s entry into, and performance of, these Terms and each Transaction does not and will not breach the User’s constitutional documents, Applicable Law, regulation, court order, sanction, financing arrangement or contractual restriction binding upon the User; (ii) all corporate governance or internal approvals required for the User’s use of the Services have been duly obtained and remain in full force and effect; and (iii) no insolvency, administration, winding-up, analogous proceeding or creditor arrangement has been commenced or, to the User’s knowledge, threatened against the User, save as previously disclosed to and accepted by CEX.IO in writing.

4.4. For the purposes of these Terms, a “Restricted Person” means any person or entity that:

(a) is the target of, listed under, owned or controlled by, acting on behalf of, or otherwise subject to, any sanctions, embargoes, asset-freezing measures, trade restrictions or similar restrictive measures imposed by the United Kingdom, the United Nations, the European Union, the United States or any other competent authority applicable to CEX.IO, the User or the relevant activity;

(b) is located, resident, domiciled, incorporated, established or operating in, or accessing the Platform from, a Restricted Jurisdiction;

(c) is prohibited under Applicable Law from receiving or using the Services;

(d) has provided false, inaccurate, incomplete, forged, counterfeit, altered, manipulated, misleading or unverifiable information or documentation;

(e) has failed, refused or delayed in satisfying CEX.IO’s Verification Procedures or any ongoing monitoring, source-of-funds, source-of-wealth, wallet-ownership, tax, sanctions, fraud-prevention, security or other compliance checks;

(f) is acting as nominee, undisclosed agent, broker, dealer, intermediary, money service business, payment service provider, fiduciary, trustee or representative for another person without CEX.IO’s prior written approval; or

(g) is otherwise determined by CEX.IO, acting reasonably and in good faith, to present an unacceptable legal, regulatory, sanctions, financial-crime, fraud, security, market-integrity, operational or reputational risk.

4.5. For the purposes of these Terms, “Restricted Jurisdiction” means any jurisdiction, territory or location in or from which CEX.IO does not make the Platform or any Service available, whether because of Applicable Law, sanctions, licensing restrictions, regulatory requirements, risk appetite, operational constraints or any other legitimate compliance or risk-management reason. CEX.IO may publish, update or otherwise make available the list of Restricted Jurisdictions through the Site, the Platform, onboarding flows, product pages or such other channel(s) as CEX.IO may designate from time to time.

4.6. Not all Services, Digital Assets, Trading Pairs, payment methods, wallet functionalities, transfer routes, Promotions or features are available to all Users or in all jurisdictions. CEX.IO may determine and apply eligibility criteria by reference to jurisdiction, residency, nationality, place of access, onboarding status, Account standing, Account tier, customer category, sanctions status, tax status, Payment Method, wallet ownership or control, Digital Asset type, Transaction size, risk profile, regulatory requirements, product design, operational capacity or any other factor CEX.IO considers relevant.

4.7. The User shall not access or use, or attempt to access or use, the Platform or any Service from any jurisdiction, territory or location where such access or use is unlawful, restricted or prohibited. The User shall not use any virtual private network, proxy, remote desktop, anonymisation tool, obfuscation tool, emulator, false address, false document, misleading declaration or other technical or non-technical means to conceal, falsify or misrepresent the User’s location, identity, residency, nationality, place of incorporation, place of establishment, beneficial ownership, control or other eligibility criterion.

4.8. The User shall notify CEX.IO without undue delay of any change in circumstances that may affect the User’s eligibility to use the Services or the accuracy of any information previously provided to CEX.IO, including any change relating to the User’s name, address, country of residence, tax residence, tax identification number, nationality, place of incorporation, constitutional documents, ownership or control, directors or controlling persons, authorised signatories, politically exposed person status, sanctions exposure, insolvency status, source of funds, source of wealth, wallet ownership or control, business activity, regulatory status or the jurisdiction from which the User accesses the Platform.

4.9. Where required by Applicable Law, by any competent authority, or by CEX.IO’s compliance procedures, the User shall provide complete and accurate information relating to any Digital Asset transfer, including information relating to the originator, beneficiary, wallet ownership or control, transaction purpose and any other transfer data reasonably required by CEX.IO. The User acknowledges and agrees that CEX.IO may delay, reject, suspend or refuse to process any transfer where such information is incomplete, inconsistent, unverifiable or otherwise unsatisfactory.

4.10. Each representation, warranty, acknowledgement and undertaking given by the User under these Terms shall be deemed repeated by the User on each date on which the User accesses the Platform, submits an Instruction, initiates or receives a Transaction or otherwise uses any Service.

4.11. CEX.IO may, acting reasonably and in good faith, refuse, reject, decline, delay, suspend, cancel, condition or terminate any application, Account, Instruction, Order, Deposit, Withdrawal, transfer, conversion, trade, payment method, wallet address, destination, Digital Asset, Trading Pair or other use of the Services where CEX.IO reasonably suspects or determines that the User is not, or is no longer, eligible to use the relevant Account, Service, product, feature, Digital Asset, jurisdictional functionality or Transaction type.

4.12. Nothing in these Terms shall oblige CEX.IO to provide or continue to provide any Service to any person, in any jurisdiction, for any minimum period or on an unconditional basis.

5.  USER VERIFICATION, DUE DILIGENCE AND ONGOING MONITORING

5.1. As a condition precedent to the provision and continued provision of any Service, CEX.IO shall be entitled to carry out, and the User shall fully cooperate with, such identification, verification, screening, due diligence, enhanced due diligence, ongoing monitoring and review procedures as CEX.IO may require from time to time in order to comply with Applicable Law and CEX.IO’s internal policies relating to anti-money laundering, counter-terrorist financing, sanctions, fraud prevention, tax compliance, market integrity, security and risk management (together, the “Verification Procedures”). CEX.IO may refuse to open an Account, refuse to provide any Service, or restrict the functionality of the Platform in whole or in part unless and until the User has satisfactorily completed the Verification Procedures. 

5.2. CEX.IO shall be entitled, at any time and without prior notice where reasonably necessary, to verify the identity of the User, the User’s authority, the source of funds, source of wealth, wallet ownership or control, beneficial ownership, tax status, transaction purpose, destination details, and any other matter relevant to the lawful and secure provision of the Services, and may require the User to provide such information, explanations, declarations or supporting documentation as CEX.IO may reasonably request.

5.3 The User shall provide to CEX.IO, upon request and in such form as CEX.IO may reasonably require, complete, accurate, current and authentic information, records, statements, declarations and any other matter relevant to the Verification Procedures. Without limitation to the foregoing, in order to register for and use any Service, the User may be required to provide one or more of the following: email address, mobile telephone number, full legal name, date of birth, residential address, nationality, government-issued identification number, taxpayer identification number, company information, constitutional documents, beneficial ownership information, evidence of address, source-of-funds information, source-of-wealth information, wallet ownership information and such other personal, corporate or transactional information as CEX.IO may reasonably require from time to time.

5.4. The User represents, warrants and undertakes that all information and documentation submitted to CEX.IO for the purposes of the Verification Procedures is and shall remain true, accurate, complete, current, authentic and not misleading in any respect. The User shall not submit, upload, use or rely upon any forged, counterfeit, altered, manipulated, misleading, unlawfully obtained or otherwise invalid information or document in connection with the Account or any Service.

5.5. Where CEX.IO reasonably suspects that any information, statement or document provided by the User is false, inaccurate, incomplete, counterfeit, tampered with, misleading, inconsistent, unverifiable or otherwise unsatisfactory, CEX.IO may, without prejudice to any other rights or remedies available under these Terms or Applicable Law, refuse or reverse onboarding, suspend or restrict the Account or any Service, reject or delay any Transaction, require further information or documentary evidence, freeze or hold any relevant balance or activity to the extent legally permissible.

5.6. The User hereby authorises CEX.IO to make, directly or indirectly through one or more affiliates or third-party service providers, such inquiries, searches, checks, screenings, verifications, requests and investigations as CEX.IO reasonably considers necessary or appropriate for the purposes of the Verification Procedures, ongoing monitoring, fraud prevention, account security, sanctions compliance, transaction monitoring, tax compliance, enforcement and risk management.

5.7. The User acknowledges and agrees that CEX.IO may request additional information, declarations or documents, or require the User to repeat, refresh or complete further Verification Procedures, at any time before or after the Account has been opened or previously verified, where CEX.IO reasonably considers this necessary or appropriate in order to comply with Applicable Law, changes in the User’s profile or activity, changes in the risk associated with the User, any Service or any Transaction, or any legal, regulatory, sanctions, fraud-prevention, tax, security or operational concern.

5.8. If the User fails, refuses or delays in providing any information, explanation, declaration or document requested by CEX.IO in connection with the Verification Procedures, or otherwise fails to satisfy CEX.IO’s verification, screening, review or due diligence requirements within the period reasonably specified by CEX.IO, CEX.IO may, without liability except to the extent required by Applicable Law, refuse to register the User, refuse to process any Transaction, suspend, restrict or terminate the Account or any Service, freeze or place a hold on relevant balances or activity to the extent legally permissible, and maintain such restrictions until CEX.IO’s requirements have been fully satisfied.

5.9. The User shall notify CEX.IO without undue delay of any change to any information or circumstance previously provided or disclosed to CEX.IO that may be relevant to the Verification Procedures or the User’s eligibility to use the Services.

5.10. Where the User intends to use the Services on behalf of a company, partnership, trust, foundation or other legal entity or arrangement, the relevant entity or arrangement must be onboarded through such corporate, institutional or other account structure as CEX.IO may designate, and the User shall provide all documents, approvals, authorities and beneficial ownership information required by CEX.IO in relation thereto. CEX.IO may refuse to permit any individual Account to be used for business, corporate, institutional or third-party purposes.

5.11. Completion of the Verification Procedures, or any prior decision by CEX.IO to onboard, verify or permit the User to access any Service, shall not oblige CEX.IO to continue providing any Service, to approve any Transaction, or to refrain from carrying out further review, monitoring, screening, investigation, restriction or verification at any later time. Verification status may be reviewed, amended, downgraded, suspended or withdrawn by CEX.IO at any time.

5.12. Where a User notifies CEX.IO of a disability or other circumstance requiring additional support, CEX.IO may, to the extent reasonably practicable, lawful and proportionate having regard to the nature of the Services and CEX.IO’s legal and regulatory obligations, provide reasonable adjustments or alternative communication or support arrangements. Nothing in this clause shall require CEX.IO to provide any Service where to do so would be unlawful, would compromise CEX.IO’s anti-money laundering, sanctions, fraud-prevention, security or verification obligations, or would impose a disproportionate burden on CEX.IO.

5.13. The User acknowledges and agrees that CEX.IO’s obligations under this Section 5 are continuing in nature.

5.14. You agree and acknowledge that in accordance with CEX.IO's regulatory obligations and CEX.IO’s internal risk and compliance policies, CEX.IO may from time to time conduct reviews of your Account and related activity (each, an “Account Review”). Such Account Reviews may be conducted for a variety of reasons, including but not limited to potentially unusual or high-risk transaction patterns, operational or technical triggers, changes in usage behavior, inquiries or requests from regulatory, supervisory, or law enforcement authorities, or in connection with CEX.IO’s ongoing compliance, fraud prevention, and risk mitigation functions.

5.15. During the course of an Account Review, CEX.IO may: 

(a) restrict, suspend, or Freeze the Account under review, as well as any other Account(s) beneficially owned or controlled by you, or by any members of such User’s household, or for which you are a representative or authorized signatory and, in the case of entities, any affiliated account(s); 

(b) freeze any Funds or assets in the Account while the Account Review is being conducted; 

(c) suspend your access to Services or any affiliated CEX.IO Platforms, pending the outcome of the review, 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 CEX.IO’s AML Program; (iii) Applicable Law, rules, or regulations of any regulator with jurisdiction over CEX.IO; or (iv) any of CEX.IO's applicable policies as incorporated by reference herein; 

(d) request additional information, documentation, certifications, or explanations in relation to your Account activity, source of funds, identity, or any other matter deemed relevant by CEX.IO. 

5.16. You agree to cooperate fully with any Account Review, and understand that failure to provide requested information may result in continued suspension, restrictions on your Account or permanent termination of Services. CEX.IO reserves the right to take any lawful measures necessary or appropriate to resolve the Account Review, including, without limitation, reporting to regulatory authorities, further restricting account activity, or recovering funds subject to review.

6. ACCOUNT SECURITY AND ACCURACY OF INFORMATION

6.1. Access to the User’s Account is only permitted using individual login credentials, security procedures, authentication credentials, devices, interfaces and verification measures approved by CEX.IO from time to time.

6.2. The User represents, warrants and undertakes that any withdrawal of cryptocurrency from the Account shall be made only to a wallet address or other destination held in the User’s own name, under the User’s ownership or control, previously verified or whitelisted, or otherwise expressly approved by CEX.IO. CEX.IO shall not be liable for any loss, delay or failure arising from or in connection with (i) any withdrawal instruction submitted by the User to an incorrect, incompatible, unsupported or unauthorised wallet address or destination, or (ii) any withdrawal to a third-party or non-owned wallet or account requested or authorised by the User.

6.3. The User shall ensure that all usernames, passwords, passcodes, one-time codes, recovery phrases, private credentials, authentication devices, API keys, secret keys, tokens, verification methods and any other security credentials or access mechanisms relating to the Account or any API access (together, the “Security Credentials”) are created, maintained, stored and used in a secure manner and remain strictly confidential at all times.

6.4. The User shall be solely responsible for the management, safekeeping, confidentiality and lawful use of the Security Credentials and for all acts, omissions, Instructions, API calls, Transactions and other activity initiated, submitted, transmitted or effected through the Account, the Security Credentials, any verified device, any linked email address, any approved communication channel or any API integration.

6.5. The User shall create and maintain strong, unique and confidential passwords and other Security Credentials and shall not use any password or credential that is easily guessed, reused across multiple services, derived from readily available personal information, or otherwise vulnerable to compromise. CEX.IO may require the User to change the User’s password or other Security Credentials at any time, including periodically or where CEX.IO reasonably considers such change necessary or appropriate.

6.6. CEX.IO may require multi-factor authentication, 2FA, device verification, liveness checks, withdrawal whitelisting, transaction confirmations, holding periods or other protective measures for access to the Account or use of particular Services. The User shall comply with all such security requirements as a condition of access to or continued use of the relevant product, feature or Service. CEX.IO may, acting reasonably and in good faith, refuse, delay, suspend or reject any access request, Withdrawal, Transaction or other Instruction where the required enhanced authentication, security control or verification step has not been properly enabled, completed or verified. Forms of multi-factor authentication may include email, SMS, supported 2FA applications, device-based authentication, biometric or liveness checks, or any other authentication method designated by CEX.IO from time to time. The User acknowledges and agrees that CEX.IO may engage third-party service providers to support authentication and may process or transmit relevant authentication data for that purpose in accordance with Applicable Law and the Privacy Policy.

6.7. CEX.IO shall be entitled to rely upon and act in accordance with any login, access request, authentication event, Instruction, Order, API request, communication or other activity effected through or by reference to the User’s Account, Security Credentials, approved device, verified communication channel, linked email address, API key or other security procedure accepted by CEX.IO, and may treat the same as authentic, valid and binding upon the User unless and until CEX.IO has received notice in accordance with these Terms that the relevant Security Credentials or access method has been compromised and has had a reasonable opportunity to implement protective measures.

6.8. The User shall not:

• disclose, share, assign, transfer, licence, sell, lease, lend or otherwise make available any Security Credentials to any third party;
• permit any other person to access or use the Account, save where expressly authorised by CEX.IO in writing;
• allow any other person to observe, record, store or otherwise gain access to the User’s Security Credentials or the process by which the User accesses the Account;
• circumvent, disable, undermine, interfere with or attempt to bypass any security feature, authentication control, account restriction, geolocation measure, device control, rate limit, access filter or technical safeguard implemented by CEX.IO; or
• use any anonymisation, obfuscation, emulation, automation or other technical means in order to conceal identity, location, device characteristics, transaction origin or other information relevant to CEX.IO’s legal, regulatory, fraud-prevention or security controls.

6.9. The User acknowledges that ordinary email may not constitute a secure method of communication and may be vulnerable to interception, compromise, spoofing, misdirection or unauthorised access. Accordingly, unless expressly requested or approved by CEX.IO through an appropriate and verified channel, the User shall not transmit by email any Security Credentials, passwords, authentication codes, private keys, recovery phrases or other highly sensitive security information, and shall exercise due care when communicating any Personal Data or account-related information by email.

6.10. CEX.IO personnel, agents and authorised service providers acting on behalf of CEX.IO will never ask the User to disclose the User’s password, one-time passcode, private key, recovery phrase, full two-factor authentication code or any other Security Credential in plain text. Any communication, message, website, application, social media profile or other interface purporting to originate from CEX.IO and requesting such information, other than through the secure functionality of the official CEX.IO Platform, shall be treated by the User as suspicious and must be reported to CEX.IO without undue delay.

6.11. The User shall verify, with reasonable care, that any website, email, message or communication purporting to originate from CEX.IO is genuine, including by checking that the relevant domain or sender address legitimately uses the cex.io domain and by refraining from engaging with any link, prompt or communication that appears irregular, misleading, spoofed, compromised or otherwise unauthorised.

6.12. The User shall ensure, irrespective of whether the User accesses the Account through a personal, shared or public device, that login credentials, Security Credentials and other sensitive Account information are not stored, saved, cached, auto-filled, screen-recorded or otherwise retained by the browser, device, application or operating environment used by the User, unless such storage occurs through a secure credential-management solution expressly permitted by CEX.IO or reasonably recognised as secure industry practice.

6.13. Where the User elects to activate, install or use any security application, authenticator tool, wallet software, browser extension, device-based security tool or other authentication mechanism on any device, the User does so at the User’s own risk. Without prejudice to the foregoing, CEX.IO may prohibit, restrict or terminate access from any device, operating environment, emulator, virtual machine, browser, operating system or software configuration that has been modified, rooted, jailbroken, tampered with, is unsupported, or is otherwise considered by CEX.IO to present an elevated security or compliance risk.

6.14. The User shall be responsible for monitoring the Account, balances, Transaction history, security settings, connected devices, API activity, approved wallets, Payment Methods, notices, alerts, confirmations and other communications made available through the Platform or sent by CEX.IO.

6.15. If the User has any security concern or becomes aware of, suspects or has reason to believe that the User’s Account, Security Credentials, password, email account, device, authentication method, API key, wallet, Payment Method or any other security feature or access method connected with the Account has been lost, stolen, misappropriated, used without authority or otherwise compromised, the User shall immediately take all reasonable steps to mitigate the relevant risk, including changing the password and revoking or securing any affected access method, and shall notify CEX.IO without undue delay by contacting Support at support@cex.io or through such other official channel as CEX.IO may designate.

6.16. The User shall notify CEX.IO without undue delay of any unauthorised, erroneous, suspicious, unclear or unexpected Transaction, Instruction, balance change, wallet interaction, Deposit, Withdrawal, payment or other Account activity, and of any material error in information previously provided to CEX.IO.

6.17. Any failure by the User to notify CEX.IO without undue delay under Clauses 6.14 or 6.15 may be taken into account, to the extent permitted by Applicable Law, in determining responsibility for any resulting loss, misuse, fraud, security compromise or inability to mitigate harm. Where appropriate, the User should also report the incident to the relevant law-enforcement, cybercrime or other competent authority.

6.18. The User represents, warrants and undertakes that all information, records, statements, declarations, documents, explanations and other materials submitted or made available to CEX.IO are and shall remain true, accurate, complete, current, authentic and not misleading in any respect. This obligation applies on a continuing basis to all information provided during onboarding, verification, Account operation, ongoing monitoring, Account review, transaction monitoring, tax classification, sanctions screening, wallet verification, payment-method verification, complaints handling and any other interaction with CEX.IO.

6.19. The User shall not submit, upload, use or rely upon any forged, counterfeit, altered, manipulated, misleading, unlawfully obtained, incomplete, inaccurate, outdated or otherwise invalid information or document in connection with the Account, the Platform or any Service.

6.20. The User shall provide to CEX.IO, upon request and in such form as CEX.IO may reasonably require, complete, accurate, current and authentic information, records, statements, declarations, documents, explanations and evidence relating to the User’s identity, authority, beneficial ownership, control, source of funds, source of wealth, tax status, wallet ownership or control, Payment Methods, transaction purpose, originator and beneficiary information, Travel Rule data and any other matter CEX.IO reasonably requires for legal, regulatory, compliance, fraud-prevention, security, operational or risk-management purposes.

6.21. The User shall notify CEX.IO without undue delay of any change to any information or circumstance previously provided or disclosed to CEX.IO that may be relevant to the User’s Account, eligibility, Verification Procedures, Account security or use of the Services, including any change relating to the User’s contact details, residential address, registered office, nationality, country of residence, tax residence, tax identification number, business activity, ownership or control, directors, authorised signatories, beneficial owners, politically exposed person status, sanctions exposure, insolvency status, source of funds, source of wealth, wallet ownership or control, Payment Methods or approved devices.

6.22. The User shall ensure that all contact details, delivery channels and communication preferences associated with the Account remain accurate, complete, current and under the User’s control at all times, including the User’s email address, telephone number, postal address, approved devices and any other relevant communication information. The User acknowledges and agrees that failure by the User to review any communication duly sent or made available by CEX.IO shall not affect its validity, effectiveness or enforceability, save where otherwise required by Applicable Law.

6.23. Any bank account, payment card, payment account, wallet address, destination address or other account used in connection with the Account must be lawfully used by the User and held in the User’s own name, under the User’s ownership or control, previously verified or whitelisted, or otherwise expressly approved by CEX.IO. CEX.IO may refuse, delay, reverse where legally and technically possible, suspend, condition or reject any Deposit, Withdrawal, transfer or Transaction involving a Payment Method, wallet or account that does not satisfy these requirements or gives rise to legal, regulatory, sanctions, anti-money laundering, counter-terrorist financing, fraud, security, ownership or operational concerns.

6.24. The User shall be solely responsible for verifying, prior to submission of any Instruction or Order, all relevant Transaction Details, including the asset type, amount, destination wallet address, memo, tag, beneficiary information, bank account details, payment reference, selected network, selected Trading Pair, order parameters, fees, quoted terms and any other data relevant to the Transaction. CEX.IO shall not be liable for any loss, delay, rejection, reversal, failed transfer or non-execution arising from inaccurate, incomplete, incompatible, unsupported or unauthorised Transaction Details provided by the User, save to the extent such liability cannot lawfully be excluded.

6.25. Where CEX.IO reasonably suspects that any information, statement, declaration or document provided by the User is false, inaccurate, incomplete, outdated, counterfeit, tampered with, misleading, inconsistent, unverifiable or otherwise unsatisfactory, or where the User fails, refuses or delays in providing any information, explanation, declaration or document requested by CEX.IO, CEX.IO may, without prejudice to any other rights or remedies available under these Terms or Applicable Law, refuse or reverse onboarding, suspend or restrict the Account or any Service, reject or delay any Transaction, require further information or documentary evidence, freeze or place a hold on any relevant balance or activity to the extent legally permissible, and maintain such restrictions until CEX.IO’s requirements have been fully satisfied.

6.26. The User acknowledges and agrees that CEX.IO may engage one or more third-party service providers, including providers of authentication, identity verification, fraud-prevention, device intelligence, risk scoring, cloud infrastructure, communications or security services, in order to facilitate secure access to the Account and provision of the Services, and that relevant data may be processed, transmitted, stored or analysed for such purposes in accordance with Applicable Law and the Privacy Policy.

6.27. CEX.IO may, at any time and without prior notice where reasonably necessary, suspend, restrict, revoke, rotate, expire, replace or require the renewal of any Security Credential, approved device, API key, authentication factor, verification method or access permission where CEX.IO considers such action necessary or appropriate for security, legal, regulatory, fraud-prevention, operational or risk-management reasons.

7. CRYPTOASSETS SUPPORTED ON THE PLATFORM

7.1. The User acknowledges and agrees that CEX.IO does not own, control, operate or administer the underlying software protocols, source code, validator arrangements, governance mechanisms, smart contracts, blockchain networks, distributed ledger infrastructure, bridges, wrapped asset arrangements, staking frameworks, sidechains, layer-two solutions or other technological infrastructure upon which any Digital Asset supported on the Platform may depend. Such protocols and related infrastructure may be open-source, proprietary, decentralised, partially decentralised, third-party controlled, community governed or otherwise outside CEX.IO’s control, and may be subject to sudden changes in functionality, security, governance, availability, confirmation finality, transferability, value, market support, legal treatment or operational viability.

7.2. CEX.IO shall have no responsibility or liability for the operation, performance, security, functionality, availability, governance, maintenance, failure, interruption, attack, vulnerability, exploit, fork, airdrop, chain split, rollback, validator misconduct, bridge failure, protocol upgrade, smart contract defect, network congestion, transaction delay, loss of consensus, market dislocation or any other event, omission or circumstance affecting any Digital Asset or the protocol or network on which it is issued, recorded, transferred or otherwise supported.

7.3. CEX.IO may conduct such commercial, legal, technical, compliance, sanctions, security, reputational, market, liquidity, operational and other due diligence as it considers appropriate before determining whether any Digital Asset, Trading Pair, blockchain network, protocol or related functionality will be made available on, or removed from, the Platform. Any decision by CEX.IO to support, list or make available any Digital Asset or related functionality shall not constitute, and shall not be construed as, any representation, warranty, endorsement, recommendation or assurance by CEX.IO as to the legality, regulatory status, quality, security, value, liquidity, stability, suitability or continued availability of that Digital Asset or related functionality.

8. DELISTING, SUSPENSION AND DISCONTINUATION OF SUPPORT FOR DIGITAL ASSETS

8.1. CEX.IO may, at any time, suspend, restrict, discontinue, delist, disable or refuse support for any Digital Asset, Trading Pair, blockchain network, protocol, wallet functionality, deposit route, withdrawal route, conversion route or other related Service where CEX.IO considers such action necessary or appropriate for legal, regulatory, sanctions, compliance, fraud-prevention, security, market integrity, liquidity, technical, operational, reputational or commercial reasons, including where the relevant Digital Asset or underlying protocol becomes unlawful, restricted, compromised, materially altered, unstable, unsupported, illiquid, impracticable to support or otherwise unsuitable for continued availability on the Platform.

8.2. Where, as a result of any change in Applicable Law, regulatory guidance, enforcement position or market practice in any relevant jurisdiction, the continued offering, trading, conversion, transfer or other support of any Digital Asset or Trading Pair would, in CEX.IO’s reasonable opinion, become unlawful, materially restricted, operationally impracticable or subject to materially more onerous regulatory requirements in relation to any User or category of Users, CEX.IO may, without liability except to the extent required by Applicable Law, suspend, restrict, discontinue or impose conditions on the availability of such Digital Asset, Trading Pair or related Service for the affected User or category of Users. In such circumstances, CEX.IO may require the User to close any open positions, cancel any outstanding Orders, convert the affected Digital Asset into another supported asset where such functionality is lawfully and operationally available, or withdraw the affected Digital Asset balance to an external wallet address or other destination approved by CEX.IO within such period as CEX.IO may reasonably specify. If the User fails to take the required action within the prescribed period, CEX.IO shall be entitled to take such steps as it reasonably considers necessary or appropriate in order to comply with Applicable Law and mitigate legal, regulatory, sanctions, operational or market risk, including maintaining the relevant restriction, disabling further transactions in the affected asset, or taking any other measure expressly permitted under these Terms. 

8.3. Where reasonably practicable and legally permissible, CEX.IO shall endeavour to provide prior notice of any proposed delisting or discontinuation of support for a Digital Asset or related Service. Unless a shorter period is required or justified under these Terms or Applicable Law, such notice period may be up to thirty (30) calendar days, or such other period as CEX.IO reasonably determines having regard to the nature of the relevant risk, the relevant asset, the state of the underlying protocol, market conditions, custody arrangements, legal or regulatory requirements and operational feasibility. Any notice may be given by email, through the Platform, or by any other communication method permitted under these Terms.

8.4. Upon or following the announcement of a delisting, suspension or discontinuation of support, CEX.IO may, with immediate effect or on such phased basis as CEX.IO reasonably determines, suspend or restrict some or all functionalities relating to the affected Digital Asset, including Deposits, purchases, sales, conversions, trading, transfers, custody-related functionality and any associated Trading Pairs. CEX.IO may, where reasonably practicable and operationally feasible, continue to permit Withdrawal of the affected Digital Asset for a limited period following such announcement; provided, however, that CEX.IO shall have no obligation to maintain Withdrawal functionality where doing so would be unlawful, technically impossible, insecure, commercially impracticable or otherwise inconsistent with Applicable Law.

8.5. Where CEX.IO permits a post-notice withdrawal or conversion window, the User shall, within the period specified in CEX.IO’s notice, either: (i) withdraw the affected Digital Asset to an external wallet address or other destination permitted by CEX.IO; or (ii) where such functionality is made available by CEX.IO, convert, sell or otherwise dispose of the affected Digital Asset through the Platform. The User acknowledges and agrees that it is the User’s sole responsibility to act within the period specified by CEX.IO and in accordance with any technical, security, compliance, sanctions, destination-verification or operational conditions imposed by CEX.IO in relation to the relevant Digital Asset or Withdrawal route.

8.6. If, upon expiry of the period specified by CEX.IO pursuant to Clause 8.4, the User continues to hold a balance of the affected Digital Asset on the Platform, CEX.IO may, to the extent legally and operationally permissible and acting reasonably and in good faith, elect to: (i) convert or liquidate the remaining balance into a supported Fiat Currency, stablecoin or other supported Digital Asset designated by CEX.IO; (ii) credit the User with the net proceeds of such conversion or liquidation after deduction of applicable Charges, spreads, network fees, execution costs and any other amounts properly chargeable under these Terms; (iii) where the remaining balance of the affected Digital Asset in the User’s Account is below the applicable minimum withdrawal threshold, constitutes a dust balance, or is otherwise uneconomic or operationally impracticable to process, withdraw or convert, CEX.IO may designate such balance as an unsupported residual balance and write off, remove, extinguish or otherwise close out such remaining balance in accordance with these Terms and CEX.IO’s applicable limits, fees and unsupported-asset policies. The applicable minimum withdrawal thresholds and related requirements for supported Digital Assets are published on the Limits and Commissions, as amended by CEX.IO from time to time; or (iii) place the balance into an unsupported or withdrawal-only status pending such further action as CEX.IO may determine in accordance with these Terms and Applicable Law. Any such conversion or liquidation may be effected at the prevailing market rate, the average execution price reasonably obtained by CEX.IO at or around the time of execution, or such other commercially reasonable rate or methodology as CEX.IO may determine having regard to available liquidity, market conditions, execution practicability and associated costs.

8.7. The User acknowledges and agrees that CEX.IO may delist, suspend or discontinue support for a Digital Asset or related Service with immediate effect and without prior notice where CEX.IO reasonably considers this necessary or appropriate by reason of: (i) a court order, regulatory direction, law-enforcement request or other governmental action; (ii) any actual or reasonably suspected breach of Applicable Law; (iii) sanctions risk, financial crime risk, fraud risk, security risk or market-integrity concerns; (iv) force majeure; or (v) any material failure, exploit, outage, compromise, instability or non-functionality of the relevant service, blockchain, protocol, wallet infrastructure or other third-party dependency. In such circumstances, CEX.IO shall not be obliged to provide any minimum withdrawal period or conversion opportunity. Without prejudice to the foregoing, where the relevant blockchain, protocol, validator set, bridge, wallet infrastructure or related network is non-functional, inaccessible, insecure, unsupported or otherwise incapable of facilitating Transfers or Withdrawals, CEX.IO shall not be liable for any failure to make available the withdrawal period or functionality otherwise contemplated by this Section 8, and the User acknowledges that access to or recoverability of the affected Digital Asset may be delayed, limited or permanently unavailable as a result of such circumstances.

8.8. The User acknowledges and agrees that failure to withdraw, convert, sell or otherwise deal with a delisted Digital Asset within the period specified by CEX.IO may result in: (i) loss of trading, conversion, withdrawal or other functionality in respect of that Digital Asset; (ii) conversion or liquidation of the remaining balance; (iii) treatment of the balance as an unsupported residual balance; or (iv) where lawful and operationally necessary, the User no longer being able to access or recover the affected Digital Asset in its original form.

8.9. CEX.IO may, at any time and without prior notice where reasonably necessary, cease support for any Trading Pair involving a Digital Asset, whether or not the underlying Digital Asset itself remains supported on the Platform. The discontinuation of a Trading Pair shall not, of itself, oblige CEX.IO to discontinue support for the underlying Digital Asset, nor shall continued support for a Digital Asset oblige CEX.IO to maintain any particular Trading Pair, conversion route or market.

8.10. Any notice given by CEX.IO under this Section 8 shall be deemed duly given when sent or made available in accordance with Section 27 of these Terms. The User’s failure to read, access or receive any such notice by reason of the User’s mailbox settings, spam filters, unsubscribing preferences, failure to monitor the registered email address or Platform notifications, or any other matter within the User’s control, shall not invalidate the notice or prevent it from taking effect in accordance with these Terms.

9. FORKS, NETWORK SPLITS AND RELATED PROTOCOL EVENTS

9.1. The User acknowledges and agrees that any Digital Asset supported on the Platform may be affected by one or more changes to the rules, source code, governance, validation method, consensus mechanism, transaction format, smart contract logic or other operating characteristics of the underlying blockchain network, protocol or related infrastructure, including any fork, chain split, airdrop, network migration, redenomination, rebase, bridge event, wrapped-asset event, validator event, protocol upgrade, software patch, emergency intervention or other similar occurrence (each, a “Protocol Event”).

9.2. A Protocol Event may result in, among other things, the creation of multiple versions of the relevant blockchain or Digital Asset, competing networks, duplicate balances, altered transaction histories, changes to ticker symbols, changes to network support, delays, instability, security vulnerabilities, replay risk, market dislocation, loss of value, loss of liquidity, loss of transferability, or the creation of rights, assets, entitlements or claims that are not supported by CEX.IO. The User acknowledges and accepts that any such consequences may materially and adversely affect the value, functionality, availability, transferability or recoverability of the relevant Digital Asset.

9.3. CEX.IO shall have no obligation to monitor for, anticipate, support, recognise, implement, facilitate, credit, distribute or enable any Protocol Event or any resulting asset, chain, network, forked asset, airdropped asset, governance right, staking right, derivative entitlement or other related feature.

9.4. In the event of any actual, anticipated or reasonably suspected Protocol Event, CEX.IO may, without liability except to the extent required by Applicable Law, suspend, restrict, delay, condition or disable any Deposit, Withdrawal, transfer, trading, conversion, functionality or Service relating to the affected Digital Asset or network for such period as CEX.IO considers necessary or appropriate in order to assess the event, preserve the security and integrity of the Platform, protect Users, comply with Applicable Law and determine what course of action, if any, CEX.IO will take in relation to the affected Digital Asset or network.

9.5. CEX.IO may determine, in its sole operational judgment exercised reasonably and in good faith, whether any forked, split, migrated, upgraded or otherwise affected blockchain network, Digital Asset or related functionality will be supported, recognised, credited, made available or continue to be supported on the Platform, and may determine the timing, manner and scope of any such support. In making any such determination, CEX.IO may take into account such factors as it considers relevant, including legal and regulatory considerations, sanctions risk, security, technical stability, replay protection, custody support, market liquidity, market integrity, naming conventions, ticker symbols, user safety, network adoption, validator or miner support, developer support, third-party service provider support and any other operational, commercial or risk-related factor.

9.6. Where CEX.IO elects to support one branch, version or implementation of a Digital Asset or network following a Protocol Event, CEX.IO shall have no obligation to support, recognise, credit or make available any alternative or competing branch, version, network, asset or related entitlement. Support for one branch, version or implementation shall not imply support for any other branch, version, implementation, wrapped form, bridged form or related asset.

9.7. Unless CEX.IO expressly notifies the User otherwise in writing or through the Platform, any Digital Asset, entitlement or other item arising from a Protocol Event that is not expressly supported by CEX.IO shall be deemed an unsupported asset or unsupported entitlement for the purposes of these Terms. CEX.IO shall have no obligation to secure, credit, distribute, enable access to, or facilitate any claim, withdrawal, sale, transfer, recovery or other dealing in respect of any such unsupported asset or unsupported entitlement.

9.8. Where CEX.IO does not support, recognise or make available any Digital Asset, entitlement or feature arising from a Protocol Event, the User acknowledges and agrees that the User may have no right to access, receive, recover or realise any value in respect thereof through the Platform, and CEX.IO shall not be liable for any loss, reduction in value, missed opportunity, inability to claim, inability to use, or other consequence arising from or in connection with CEX.IO’s decision not to support or recognise the relevant item.

9.9. Where reasonably practicable and legally permissible, and subject to operational feasibility and security considerations, CEX.IO may give prior notice of a known or anticipated Protocol Event and may specify any action that the User may take before a specified cut-off time, including withdrawal of the affected Digital Asset to an external wallet address or other permitted destination. The User acknowledges and agrees, however, that CEX.IO shall not be obliged to provide any such notice, withdrawal opportunity or cut-off period and that any decision by the User to withdraw assets in anticipation of a Protocol Event shall be taken at the User’s sole risk and responsibility.

9.10. CEX.IO shall have no obligation to complete any Withdrawal, Deposit, transfer or other Instruction in relation to an affected Digital Asset before, during or after a Protocol Event where, in CEX.IO’s reasonable opinion, doing so would be unlawful, insecure, technically impracticable, operationally burdensome, inconsistent with Applicable Law, contrary to CEX.IO’s internal controls, or otherwise likely to expose CEX.IO or any User to undue risk or loss.

9.11. Nothing in this Section 9 shall oblige CEX.IO to support any particular naming convention, ticker symbol, valuation methodology, allocation methodology, record date, snapshot, balance determination method or distribution method in relation to any Protocol Event or any resulting Digital Asset, nor shall CEX.IO be required to adopt the determination, naming or treatment used by any other exchange, custodian, issuer, protocol participant, market data provider or third party.

9.12. The User acknowledges and agrees that any decision by CEX.IO under this Section 9 shall be final and binding for the purposes of the Platform and the Services, save to the extent otherwise required by Applicable Law.

10. SCOPE OF THE SERVICES

10.1. Subject at all times to these Terms, Applicable Law, successful onboarding and verification, product availability, operational capacity and any eligibility criteria communicated by CEX.IO from time to time, CEX.IO may make available to you one or more of the following Services through the Platform:

(a) the opening, maintenance and operation of an Account;

(b) the holding, administration and/or technical support of supported Digital Asset balances and related wallet functionality;

(c) Fiat Currency and Digital Asset deposits and withdrawals, where supported;

(d) spot trading, purchase, sale, exchange and conversion of supported Digital Assets and Fiat Currency;

(e) order placement, execution, matching, routing, settlement and related trading functionality in respect of supported Trading Pairs;

(f) internal transfers, account-to-account movements and other transfer functionality, where supported;

(g) API connectivity and other technical access tools; and

(h) any other products, tools, features or functionalities that CEX.IO may designate as part of the Services from time to time. 

10.2. CEX.IO may, at any time and without incurring liability except as required by Applicable Law, add, modify, restrict, suspend, discontinue, delist, replace or withdraw any Service, Digital Asset, Trading Pair, transfer route, feature or functionality, whether generally or in relation to a particular User, jurisdiction, transaction type or category of activity. Nothing in these Terms shall be construed as obliging CEX.IO to continue to support any specific Service, Digital Asset, blockchain, protocol, Trading Pair or payment method for any minimum period. No provision of this Section shall be interpreted as a commitment by CEX.IO to accept every Order or Instruction, to make any market, to maintain uninterrupted access to the Platform, to ensure the continued support of any Digital Asset or blockchain, or to provide Services in any jurisdiction or to any person on an unconditional basis.

10.3. CEX.IO shall have the right to establish and apply limits, thresholds, velocity checks, cooling-off periods, settlement holds, withdrawal holds, whitelisting requirements, transaction monitoring rules, geolocation controls, account tiering, concentration limits, asset-specific conditions, pricing protections, minimum and maximum transaction sizes and other controls in relation to the Services, whether generally or specifically in relation to any User, product, jurisdiction, payment method, wallet, asset or transaction type.

10.4. 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 to maintain the integrity, safety and accuracy of User’s funds during the migration process;
• suspension of creation of new Orders to maintain stability and consistency in the order book;
• cancellation of open Orders. All or some part of open Orders may be cancelled during the migration process to prevent conflicts with system upgrades and ensure a seamless transition; and
• 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.

10.5. 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 minimise 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.

11. INSTANT BUY / SELL

11.1. CEX.IO may make available to eligible Users a functionality enabling the purchase of supported Digital Assets through a transaction flow designated by CEX.IO as the “Instant Buy” service, and a functionality enabling the sale of supported Digital Assets through a transaction flow designated by CEX.IO as the “Instant Sell” service. The Digital Assets, Fiat Currencies, payment methods, limits, jurisdictions and other parameters applicable to the Instant Buy and Instant Sell services shall be determined by CEX.IO from time to time. 

11.2. The terms “Instant Buy” and “Instant Sell” are product names only and shall not be interpreted as representing, warranting or implying that access to the relevant Service, Account opening, onboarding, verification, risk acknowledgement, payment authorisation, payment settlement, compliance review, Order acceptance, Transaction execution, settlement, crediting, debiting, withdrawal or availability of any Digital Asset will occur immediately, without delay or within any particular period.

11.3. Access to and use of the Instant Buy and Instant Sell services shall be subject at all times to these Terms, Applicable Law, successful onboarding and verification, risk warnings, payment-method availability, settlement, operational capacity, compliance controls, security controls, product availability, jurisdictional restrictions and any other eligibility, product-specific, transaction-specific or risk-based criteria applied by CEX.IO from time to time.

11.4 Any price, quote, conversion rate, exchange rate, estimated output amount, settlement amount, market information, performance data or other information displayed in connection with the Instant Buy or Instant Sell service is indicative only unless and until the relevant transaction is expressly confirmed by CEX.IO. CEX.IO does not warrant that any displayed price, quote or rate will remain available for any period of time, and the final execution price, conversion rate, settlement amount and applicable Charges may differ from any previously displayed amount as a result of market movement, volatility, slippage, liquidity constraints, changes in fees, third-party costs, processing delays, pricing protections or other relevant factors.

11.5. The Instant Buy and Instant Sell services are execution-only functionalities designed to facilitate the purchase or sale of supported Digital Assets. Neither the availability of any Digital Asset through the Instant Buy or Instant Sell service, nor any information displayed in connection therewith, shall constitute or be construed as a recommendation, endorsement, solicitation or invitation to buy, sell, hold or otherwise transact in any Digital Asset, security, investment or financial instrument, nor as investment advice, financial advice, tax advice, legal advice or any personal recommendation.

12. STAKING

12.1. CEX.IO may make available to eligible Users one or more services enabling participation, whether on a custodial or non-custodial basis, in the transaction validation, consensus, delegation or similar protocol processes of supported proof-of-stake (“PoS”) or similar blockchain networks (together, “Staking”). Such blockchains may allow participating holders of a minimum-required balance of a specific Digital Asset to validate transactions, delegate validation power or otherwise participate in protocol processes and, where applicable, receive amounts generated by the relevant protocol in connection with such participation (“Staking Proceeds”). Staking may include, without limitation: (i) custodial staking, pursuant to which Digital Assets held by or through CEX.IO for the User are staked, delegated, locked, bonded or otherwise committed to the relevant protocol through CEX.IO or one or more third-party validators, node operators, custodians or infrastructure providers; and/or (ii) non-custodial staking or delegation functionality, pursuant to which the User connects, delegates or otherwise interacts with validator infrastructure operated by or on behalf of CEX.IO while retaining control of the relevant wallet and private keys.

12.2. CEX.IO may itself operate, or may arrange for the operation of, validator nodes, node infrastructure, staking infrastructure, delegation infrastructure, custody arrangements, liquidity arrangements, Staking Proceeds calculation or allocation arrangements and other technical or operational components relevant to Staking, either directly or through one or more affiliates, subcontractors, custodians, node operators, infrastructure providers or other third parties, in each case as CEX.IO may determine from time to time. During the times that a CEX.IO validator is selected on a network to run a validator node, CEX.IO provides the services described as Staking.

12.3. The availability of any Staking, supported Digital Asset, supported network, indicative rate, protocol, validator option, unstaking functionality or related feature shall be determined by CEX.IO. CEX.IO may, at any time and without liability except to the extent required by applicable law, add, modify, suspend, discontinue, restrict, delist or refuse support for any Staking, supported Digital Asset, supported network or related functionality.

12.4. By electing to use Staking, the User instructs and authorises CEX.IO to take, or refrain from taking, such actions as CEX.IO reasonably considers necessary or appropriate to enable the relevant staking, delegation, bonding, validator participation, collection, calculation, allocation or crediting of Staking Proceeds, unstaking or related activity, including selecting validators, node operators, service providers, routes, schedules, operational parameters and technical arrangements. To the extent any governance, voting, attestation, delegation, validation or other protocol-level discretion is attributable to staked or delegated Digital Assets through Staking, the User acknowledges and agrees that such discretion may be exercised by CEX.IO or its designated validator or operator without any obligation to seek further instructions from, or obtain separate consent from, the User.

12.5. CEX.IO may act as a node operator or validator on PoS blockchain networks which allow holders of applicable Digital Assets to become delegators. When delegating, a participant stakes Digital Assets and delegates the voting powers attributable to such staked Digital Assets to CEX.IO acting as a validator. This may allow CEX.IO to participate in the governance of selected blockchains. All decisions made by CEX.IO in relation to the relevant PoS blockchains are exempt from any dispute from delegators, save to the extent otherwise required by applicable law.

12.6. In the case of custodial staking, the User acknowledges and agrees that the relevant Digital Assets may be locked, bonded, delegated, committed, transferred within custody arrangements, or otherwise rendered temporarily unavailable for withdrawal, transfer, sale, conversion or other use for such period as is required by the applicable protocol, validator, network rules, custody arrangements, operational constraints, unstaking cycle, queue, cool-down period, unbonding period or any other limitation or delay inherent in the relevant Staking. CEX.IO shall have no obligation to make staked Digital Assets available prior to completion of the applicable unstaking, release or settlement process.

12.7. Non-custodial Staking requires delegating to CEX.IO validation nodes a certain amount of certain Digital Assets. Such delegation shall not involve the transfer of any Digital Assets from the delegator to CEX.IO or vice versa, and any delegated Digital Assets shall at all times remain the property of, and under the control of, the delegator. The delegator can unstake such Digital Assets from the CEX.IO validation node, subject to the rules of the relevant PoS network. Each PoS network has its own rules about the unbonding or lock-up period, meaning the Digital Assets may not be unstaked instantly. CEX.IO, as validator, has no control over this time period and the delegator bears any financial risk arising from price fluctuations during such period. The delegator acknowledges that the delegator remains in full control of the delegator’s keys and seed phrases and is solely responsible for the security of the delegator’s own Digital Assets. In providing non-custodial Staking, CEX.IO does not have control over the Digital Assets of delegators and will not be able to recover such Digital Assets in case of theft or loss.

12.8. The User acknowledges and agrees that Staking Proceeds, indicative rates, projected amounts, frequency of calculation, timing of crediting, eligibility, validator performance, selection frequency, protocol fees, slashing exposure, unbonding periods, queue times and all other economic or operational aspects of Staking are determined by or dependent upon the relevant blockchain protocol, validator arrangements, network conditions, third-party service providers and related technical or market factors, all of which are outside CEX.IO’s control in whole or in part. CEX.IO does not guarantee that the User will receive any Staking Proceeds, any particular amount, any particular rate, or any amount at any particular time. Please read carefully the staking conditions of the respective PoS blockchain.

12.9. For the avoidance of doubt, any Staking Proceeds, if any, are protocol-generated amounts arising from the operation of the relevant network and are determined by or dependent upon the rules, performance and conditions of the relevant protocol, validator arrangements, network conditions and related technical or market factors. CEX.IO does not guarantee that any Staking Proceeds will be generated, credited or made available to the User.

12.10. The amounts generated by Staking are determined by, and subject to, the rules of the relevant PoS blockchain, which may be changed or modified by such PoS blockchain at its sole discretion. CEX.IO has no control over, nor will CEX.IO be liable for, any change made by any PoS blockchain.

12.11. Any annual percentage rate, projected amount, estimated amount, estimated range, historical information or similar information displayed on the Platform or any product page in relation to Staking is indicative only, is not guaranteed, may change at any time without notice, and shall not constitute a promise, warranty or representation by CEX.IO as to future performance or actual Staking Proceeds.

12.12. CEX.IO may charge, retain or deduct fees, commissions, spreads, validator charges, service fees or other remuneration in connection with Staking, including by retaining a portion of any protocol-generated amounts or by separately charging the User’s Account, in each case as disclosed through the Platform, the applicable fee schedule, product page or supplemental terms.

12.13. Unless otherwise specified, Staking Proceeds are usually calculated and updated periodically and may be credited to the User’s Account on a periodic basis. Please refer to the relevant Staking product page for specific indicative rates, operational cycles and other product information for each supported PoS blockchain. Staking may not be available to all Users, in all jurisdictions, or in relation to all supported Digital Assets or all account types. CEX.IO may determine eligibility criteria by reference to jurisdiction, residency, onboarding status, Account standing, sanctions status, tax status, asset type, balance thresholds, validator availability, legal restrictions, regulatory requirements, product design or any other factor that CEX.IO considers relevant.

12.14. The tax treatment of Staking Proceeds is uncertain, and it is the responsibility of the User to determine what taxes, if any, arise from receiving Staking Proceeds. The User is 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 any election to participate in Staking. The User should conduct the User’s own due diligence and consult the User’s own advisers before making any decision to participate in Staking.

12.15. 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:

(a) the User may have exposure to risks relating to third-party platforms, validators, node operators, custodians, infrastructure providers or protocols, which may result in losses;

(b) high price fluctuations of Digital Assets can result in significant losses in a short period of time;

(c) technical anomalies may occur, which may delay or prevent the User from using Staking or performing related transactions, resulting in losses;

(d) any annual percentage rate (“APR”), projected amount, estimated amount or similar information indicated on the Platform for any Digital Asset is not guaranteed and may change at any time due to changes on the relevant blockchain or other factors, which may result in the User not receiving the expected amounts;

(e) market anomalies and unforeseen events may occur, which may result in losses; and

(f) the User warrants that the User has the necessary experience and knowledge to use Staking and understands and acknowledges the potential risks of using Staking. The User should carefully consider and evaluate the User’s financial condition along with the above-mentioned risks before making any decision to use Staking.

12.16. The User acknowledges and agrees that unstaking, undelegation, release, withdrawal or return of staked Digital Assets may be subject to protocol-imposed, validator-imposed, network-imposed or operational waiting periods, delays, queues, lock-ups, unbonding periods or other restrictions, and that the relevant Digital Assets may not become available immediately upon request. CEX.IO shall have no liability for any market loss, missed opportunity, delay or other consequence arising from such restrictions or delays, save to the extent directly caused by CEX.IO’s fraud, wilful misconduct or material breach of these Terms.

12.17. Any further description of Staking, including supported assets, calculation methodology, indicative rates, operational cycles or other product details displayed on the relevant Staking product page or any other relevant product page, shall be for informational purposes only unless expressly incorporated into these Terms, and may be amended, updated, suspended or withdrawn by CEX.IO from time to time.

13. CEX.IO PAY SERVICE

13.1. Subject to your compliance with these Terms and your satisfaction of all applicable eligibility criteria, CEX.IO may allow the User to send or receive certain Digital Assets to or from other eligible CEX.IO Account holders on the Platform through the service referred to as the “CEX.IO Pay Service”, intended for personal use.

13.2. Your use of the CEX.IO Pay Service is strictly conditioned upon (i) your compliance with all eligibility requirements set out in these Terms and (ii) compliance with all applicable laws and regulations in your jurisdiction of residence. The CEX.IO Pay Service is made available to you solely for personal and non-commercial use, and may not be used to send or receive Digital Assets to or from third parties, unless expressly permitted by CEX.IO. You are solely responsible for selecting the recipient of any transfer and for verifying the authenticity, accuracy, and suitability of such recipient. CEX.IO does not select, endorse, or assume any responsibility for the identity, legitimacy, or suitability of any recipient designated by you. Any eligibility verification performed by CEX.IO, including validation of an active Account, jurisdictional support, and the recipient’s verification status, is technical and administrative in nature and does not constitute an endorsement or acceptance of the recipient, nor does it relieve you of your full responsibility for any loss, error, or unauthorized transfer resulting from the recipient you choose.

13.3. CEX.IO expressly reserves the right, in its sole discretion, to establish additional eligibility criteria or restrictions governing your access to or use of the CEX.IO Pay Service. In addition, the availability of the CEX.IO Pay Service is strictly limited to the jurisdictions in which CEX.IO is authorized to provide such services. CEX.IO reserves the right to restrict, suspend, or disable access to the CEX.IO Pay Service, in its sole discretion, in order to maintain compliance with licensing requirements and regulatory obligations.

13.4. Before initiating any Digital Asset transfer through the CEX.IO Pay Service, you may be required to complete and satisfactorily comply with any and all compliance, verification, and due diligence procedures that CEX.IO deems necessary. Failure to satisfy such compliance requirements to CEX.IO’s satisfaction may result in the suspension, delay, or denial of the requested transfer or of your access to the CEX.IO Pay Service.

13.5. To initiate a Digital Asset transfer via the CEX.IO Pay Service (each, a “CEX.IO Pay”), you, as sender, must submit to CEX.IO explicit instructions specifying (i) the type and amount of Digital Assets held in your Account that you wish to transfer, and (ii) the designated recipient for such transfer (the “CEX.IO Pay Instructions”). By providing the CEX.IO Pay Instructions and confirming the transaction, you authorize CEX.IO to execute the transfer of the specified Digital Assets to the recipient you select. You may only initiate a CEX.IO Pay to a user who has a CEX.IO Account and who meets the eligibility criteria to access and use the CEX.IO Pay Service. CEX.IO will perform an automatic eligibility verification prior to executing the transfer and, in the event that the designated recipient does not meet the necessary criteria (e.g., residing in a supported jurisdiction or having completed the required verification procedures), CEX.IO will notify you at the time you initiate the transaction and prevent the submission of the CEX.IO Pay Instructions. You may not proceed with the transaction unless such eligibility conditions are met.

13.6. You represent and warrant that your CEX.IO Account holds sufficient Digital Assets to cover the total amount of the transfer at the time you submit the CEX.IO Pay Instructions. If the available Digital Asset balance in your Account is insufficient to complete the requested CEX.IO Pay, you may choose to use other Digital Assets in your Account to conduct an operation under the Instant Buy/Sell service in order to obtain the amount and type of Digital Assets required for the transfer. Such transactions will be subject to the fees and terms applicable to the Instant Buy/Sell service set out in these Terms.

13.7. You may initiate a Digital Asset transfer to a recipient only if such Digital Assets are supported and authorized for transfer within the jurisdiction applicable to the recipient. CEX.IO reserves the exclusive right, in its sole discretion and without prior notice, to add, restrict, suspend, or remove any Digital Asset from the list of assets eligible for transfer via the CEX.IO Pay Service in any jurisdiction. Prior to executing any CEX.IO Pay, CEX.IO will verify and validate the recipient’s eligibility to receive such transfer. Transfers will be prohibited if the recipient’s CEX.IO Account does not meet the eligibility requirements set by CEX.IO in these Terms, Applicable Law.

13.8. Your access to and use of the CEX.IO Pay Service are subject to transaction limits, which may include, but are not limited to, restrictions on the amount and frequency of CEX.IO Pays that you may initiate in any given period. CEX.IO reserves the right to modify, adjust, or impose such transaction limits at any time, in its sole discretion and in accordance with Applicable Law.

13.9. You acknowledge and agree that upon submission of the CEX.IO Pay Instructions and confirmation of the transaction, CEX.IO will promptly commence processing the transfer. Consequently, the designated Digital Assets may be debited from your CEX.IO Account immediately upon your confirmation. Title and ownership of the Digital Assets transferred through the CEX.IO Pay Service shall pass to the recipient immediately upon successful completion of the transfer.

13.10. You are solely responsible for verifying the accuracy and completeness of all transaction information before submitting the CEX.IO Pay Instructions, as transfers processed through the CEX.IO Pay Service are final and may not be cancelled or reversed, except as determined by CEX.IO in its sole discretion and only if it has the technical capability to perform such cancellation or reversal. You acknowledge and agree that you will bear full responsibility for any inaccuracy or error in the CEX.IO Pay Instructions submitted, and that such errors may result in the irreversible loss of your Digital Assets.

13.11. CEX.IO Payments that you initiate may be reflected as having a “Pending” status in your CEX.IO Account (each a “Pending CEX.IO Payment”). Such Pending CEX.IO Payments may remain in this status for a variable period, depending on factors beyond CEX.IO’s control. Pending CEX.IO Payments will either be ultimately rejected or successfully completed as CEX.IO Payments.

13.12. CEX.IO Payments may fail due to circumstances beyond CEX.IO’s control. In the event that a CEX.IO Payment fails, you will be promptly notified of such failure. You may reinitiate the transfer by submitting new CEX.IO Pay Instructions in accordance with the procedures set forth in these Terms.

13.13. All completed CEX.IO Payments are final and, except as expressly provided herein, are not subject to reversal or cancellation. CEX.IO reserves the sole and absolute discretion to accept or refuse any cancellation request. Acceptance of any cancellation request shall not create any obligation or precedent to cancel future CEX.IO Payments under the same or similar circumstances. CEX.IO reserves the right to cancel or refuse to process any Pending CEX.IO Payments as required by Applicable Law, regulation, court order, or directive of any governmental or regulatory authority to which CEX.IO is subject in any applicable jurisdiction.

13.14. There are no fees charged by CEX.IO for the use of the CEX.IO Pay Service, unless expressly stated otherwise in the Terms or communicated to the User with reasonable prior notice.

13.15. By using the CEX.IO Pay Service, you acknowledge and agree that, for the purpose of facilitating Digital Asset transfers and ensuring accurate identification of transaction counterparties, certain limited identifying information will be disclosed to the recipient of each CEX.IO Pay transaction. Specifically, the recipient will be able to view: (i) your registered first name, (ii) the first letter of your last name, and (iii) your unique CEX.IO user identification number assigned to your CEX.IO Account. CEX.IO does not authorize recipients to use or process this information for any purpose other than the intended transaction. For additional information on how CEX.IO collects, uses, and protects your personal data, please refer to our Privacy Policy.

14. FEES, CHARGES, TAXES AND SET-OFF

14.1. FEES

14.1.1. In consideration of the provision of the Services, the User shall pay to CEX.IO all applicable fees, commissions, network fees, processing fees, withdrawal fees, custody-related charges, maintenance fees, inactivity-related charges, third-party charges and any other amounts payable in connection with the User’s access to or use of the Services (together, the “Charges”), as notified to the User through the Platform, in the applicable fee schedule, quote, order screen, transaction confirmation or otherwise in accordance with these Terms.

14.1.2. CEX.IO may determine and apply different pricing, fee schedules, spreads, conversion rates, transaction costs, service charges, tiers, rebates, minimum charges, minimum commissions and other commercial terms by reference to the relevant Service, asset, Trading Pair, transaction type, payment method, jurisdiction, customer category, account tier, transaction volume, market conditions, liquidity profile, counterparty costs, network conditions, account history, promotional programme or any other relevant factor designated by CEX.IO from time to time.

14.1.3. Unless expressly stated otherwise by CEX.IO in writing, all Charges shall be payable by the User and may be deducted, withheld, netted or debited by CEX.IO from the amount of any Deposit, Withdrawal, credit, settlement amount, proceeds of sale, output amount, available balance or other Funds standing to the credit of the User’s Account, or charged separately to the User’s Account, at such time and in such manner as CEX.IO may reasonably determine having regard to the nature of the relevant Service or Transaction.

14.1.4. Where a quote, indicative rate, conversion rate, price, spread, output amount or settlement amount is displayed to the User prior to execution of a Transaction, CEX.IO may incorporate within such quoted amount one or more components of its remuneration, including any Charges, whether or not separately itemised, provided that the total consideration payable or receivable by the User is disclosed through the relevant transaction flow in accordance with Applicable Law.

14.1.5. CEX.IO may amend, introduce, withdraw, waive, discount or vary any Charges, fee schedule, pricing tier, pricing methodology, charging basis, pricing component or charging procedure from time to time. Any such amendment shall take effect in accordance with these Terms.

14.1.6. Any promotional, preferential, discounted, rebated, reduced-fee, zero-fee or other special pricing offered to the User shall be temporary, conditional and revocable unless expressly stated otherwise by CEX.IO in writing, and may be withdrawn, amended, suspended, restricted or disapplied by CEX.IO at any time in accordance with the applicable Promotion Terms, these Terms and Applicable Law. Nothing in this clause shall limit CEX.IO’s right, where appropriate and subject to Applicable Law, to make a refund, reimbursement, fee correction or compensatory payment to a User in connection with an error, complaint, service issue, overcharge, loss or other matter requiring remediation or redress.

14.1.7. The User shall pay to CEX.IO the applicable Transaction Fee in respect of each completed, partially completed, matched, executed, converted, settled or otherwise processed Transaction, together with any other Charges properly payable under these Terms.

14.1.8. The applicable Transaction Fees, fee tiers, pricing parameters and charging methodologies are published on the Fee Schedule page or otherwise disclosed through the relevant order screen, trade page, quote, transaction flow or confirmation interface made available by CEX.IO from time to time. The User shall review the applicable Charges prior to submitting any Order or Instruction.

14.1.9. Unless otherwise expressly stated by CEX.IO in relation to a particular Service, Order type or Transaction, the Transaction Fee shall be charged and deducted in the quote currency, settlement currency, output currency or such other currency or Digital Asset as CEX.IO may specify through the relevant transaction flow or fee schedule. Without limitation, where the applicable trading pair is expressed in the form Base Currency / quote currency, CEX.IO may charge the Transaction Fee in the currency or asset appearing after the symbol “/”, unless otherwise disclosed to the User before execution. Thus, for BTC/GBP the fee is charged in GBP; for ETH/BTC the fee is charged in BTC.

14.1.10. CEX.IO may apply minimum Transaction Fees, minimum charges, minimum commission amounts, rounding rules, decimal precision rules and fee-calculation conventions in respect of any Transaction or category of Transactions. The minimum transaction fee equals the minimum currency amount. For Fiat Currency, it equals 0.01, and for Cryptocurrency it depends on the currency. The Transaction Fee is charged according to the Rounding Policy described below.

14.1.11. The minimum and maximum price, minimum and maximum Order size, minimum and maximum notional amount, minimum and maximum trade size, and any other execution thresholds or transaction parameters applicable to a Trading Pair, Order type or Service may vary and may be displayed on the Trade Page, order-entry interface or other relevant section of the Platform at the time the User places the relevant Order or Instruction.

14.1.12. For certain Order types, execution methods, products, markets, trading pairs, transaction sizes, customer categories, payment methods, promotional arrangements or other specific circumstances, the applicable Transaction Fee may differ from the standard fees published on the Fee Schedule page. In such cases, the applicable Transaction Fee or the applicable charging basis shall be disclosed to the User before the relevant Order or Transaction becomes binding.

14.2. THIRD-PARTY FEES

14.2.1.The User acknowledges and agrees that Charges may be imposed both by CEX.IO and by third parties, including banking institutions, payment service providers, card issuers, acquirers, card schemes, correspondent banks, custodians, blockchain validators, node operators, bridge operators, exchanges, liquidity providers or other intermediaries. CEX.IO shall have no responsibility for the amount, timing or application of any such third-party charges and may pass them through to the User where applicable.

14.2.2. The User acknowledges and agrees that blockchain networks, validators, miners, node operators, payment systems, banking institutions, card schemes, acquirers, issuers, correspondent banks and other third parties may impose their own fees, charges, spreads, deductions or costs in connection with any Transaction, Deposit, Withdrawal or transfer. Such third-party amounts are separate from CEX.IO’s Charges and may be deducted from the relevant transfer, charged to the User directly, or otherwise applied in accordance with the rules of the relevant third party.

14.2.3. In connection with Digital Asset Transactions, Withdrawals or other blockchain-based activity, CEX.IO may charge or pass through network fees, protocol fees, validator fees, miner fees, gas fees or similar blockchain-related costs incurred in processing or facilitating the relevant Transaction. Any such fee may be estimated, adjusted or determined by CEX.IO by reference to prevailing network conditions, transaction complexity, protocol requirements, routing arrangements, urgency, operational practicability and other relevant factors.

14.3. TAXES

14.3.1. The User shall be solely responsible for determining what taxes, duties, levies, assessments, charges, withholdings, reporting obligations and similar fiscal liabilities arise in connection with the User’s registration for an Account, access to the Platform, use of the Services, holding or transfer of Digital Assets, and each Transaction undertaken by or on behalf of the User.

14.3.2. Unless otherwise required by Applicable Law, all Charges payable by the User to CEX.IO are stated exclusive of any value added tax, goods and services tax, sales tax, use tax or other similar indirect tax, which, where applicable, shall be payable by the User in addition at the prevailing rate.

14.3.3. The User shall provide CEX.IO, upon request, with any tax information, tax forms, tax identification numbers, residency details, self-certifications, controlling-person information, withholding certificates or supporting documentation reasonably required by CEX.IO for tax classification, tax reporting, withholding, information exchange compliance, record-keeping or legal and regulatory purposes.

14.4. SET-OFF AND UNPAID AMOUNTS

14.4.1. If the User fails to pay any amount due to CEX.IO under these Terms when due, CEX.IO may, without prejudice to any other rights or remedies available to it under these Terms or Applicable Law:

• suspend, restrict or terminate the User’s access to the Services or any part thereof;
• deduct, debit, withhold or set off the overdue amount against any Funds, credits, proceeds, entitlements or balances standing to the credit of the User’s Account;
• reverse, cancel or refuse to process any pending Transaction, Withdrawal or other Instruction;
• charge reasonable costs of recovery, including banking, processing, administrative, legal and third-party collection costs; and
• take such further action as may be reasonably necessary to recover the outstanding amount.

14.4.2. Without prejudice to any other rights of CEX.IO under these Terms or Applicable Law, CEX.IO may at any time and without prior notice set off, net, apply or transfer any amount or balance standing to the credit of the User’s Account against any amount, liability, obligation, fee, cost, expense, indemnity claim, negative balance, chargeback exposure, reversal exposure, clawback exposure or other sum due, owing or incurred by the User to CEX.IO, whether present or future, actual or contingent, liquidated or unliquidated, and whether arising under these Terms or otherwise in connection with the Services.

14.4.3. For the foregoing purposes, CEX.IO may convert any amount or balance from one Fiat Currency or Digital Asset into another Fiat Currency or Digital Asset at such market rate, reference rate, commercially reasonable rate or internal conversion rate as CEX.IO may reasonably determine at the relevant time, taking into account prevailing market conditions, liquidity, costs and operational practicability.

14.4.4. Any exercise by CEX.IO of its rights under this Section 14 shall be without prejudice to any other right, remedy or protective measure available to CEX.IO under these Terms or Applicable Law. Nothing in this Section 14 shall exclude, restrict or limit any right of the User to receive such fee disclosures, pre-contract information, transaction confirmations, statements or notices as may be required by Applicable Law, nor shall it permit CEX.IO to impose any Charge that is prohibited by Applicable Law.

15. ROUNDING POLICY

15.1. CEX.IO shall apply rounding, decimal precision and calculation methodologies to prices, fees, balances, conversions, settlements, Transaction amounts and other values processed through the Platform in accordance with the technical parameters of the relevant Service, asset, Trading Pair, payment method and accounting system. Unless otherwise expressly stated by CEX.IO, Fiat Currency amounts shall be rounded to two (2) decimal places, and Digital Asset amounts shall be rounded in accordance with the asset-specific decimal precision supported by CEX.IO from time to time. Any such rounding shall be applied on a consistent, commercially reasonable and operationally necessary basis and may result in minor differences between displayed, estimated and finally processed amounts.

15.2. Where, by reason of the applicable decimal precision, minimum unit size, minimum transferable amount, system limitation or other technical or operational constraint, any fraction, residual amount or de minimis balance cannot be separately processed, displayed, transferred, traded or recorded as an independent entry, CEX.IO may round, aggregate, carry forward, suppress from separate display, or otherwise treat such amount in accordance with its applicable precision standards, dust-balance rules, minimum unit requirements and operational policies as communicated through the Platform from time to time.

15.3. Where the total amount payable, receivable or chargeable in respect of a Transaction is displayed to the User prior to confirmation, CEX.IO shall charge, credit or otherwise apply such amount in accordance with the disclosures made to the User at or before execution, subject only to any subsequent variation expressly permitted under these Terms, Applicable Law or the operational rules of the relevant network or Service.

15.4. To the extent that any rounding, truncation, decimal limitation, minimum unit threshold or other technical constraint results in a dust balance, fractional remainder or other minimum residual amount, such amount may be treated by CEX.IO in accordance with its applicable dust-balance, unsupported-balance and minimum-unit policies as communicated through the Platform from time to time.

15.5. CEX.IO may amend the applicable precision standards, decimal limits, rounding conventions and minimum unit requirements from time to time provided that any such changes shall be communicated or made available to Users in accordance with these Terms, in a clear and prominent manner before taking effect in relation to future Transactions.

16. INACTIVE ACCOUNT, MAINTENANCE AND STORAGE FEES

16.1. An Account shall be considered inactive when the User has not accessed the Account by logging in, nor made any Deposit or Transaction, including, but not limited to, conversions, trades, deposits or withdrawals, for a continuous period exceeding one hundred and eighty (180) calendar days. The inactivity period shall begin on the calendar day immediately following the date of the User’s last recorded activity in the Account. Following such determination, CEX.IO may, in its sole discretion, initiate a structured reactivation process, consisting of monthly electronic communications, including push notifications and/or emails, sent to the User’s registered contact information, expressly designed to inform and incentivize reactivation of the Account. The User shall be duly informed that continued inactivity beyond the specified period may result in the Account being classified as inactive, with the possible imposition of Maintenance Fees and its eventual deactivation pursuant to these Terms. All communications shall be deemed validly delivered upon successful sending to the User’s registered email address, without prejudice to any failure by the User to receive such communications due to technical issues or email filtering measures initiated by the User.

16.2. In the event that the User does not perform any authenticated login to the Account, nor carry out any Deposit, Withdrawal, Transaction or any other form of activity in the Account for a continuous period exceeding twelve (12) calendar months, calculated from the calendar day immediately following the User’s last recorded activity in the Account, CEX.IO shall have the right to designate such Account as inactive (an “Inactive Account”). Prior to making such designation, CEX.IO shall provide the User with written notice, sent to the email address registered with the Account, at least thirty-one (31) calendar days in advance, thereby granting the User a reasonable opportunity to avoid such designation by reactivating the Account through an appropriate affirmative action. If the User does not reactivate the Account within the notice period, CEX.IO reserves the unilateral right to impose a non-refundable Maintenance Fee, reasonably incurred in connection with the maintenance, preservation and safeguarding of the Account pursuant to these Terms. In the event the Maintenance Fee fully depletes or reduces the Account balance to zero, CEX.IO shall be entitled to deactivate and/or formally close the Account.

16.3. In the event that more than twenty-four (24) calendar months have elapsed since the last time the User logged into the Account or carried out any of the activities mentioned, CEX.IO shall have the right, in its sole discretion, to designate such Account as deactivated (a “Deactivated Account”). Following the designation of an Account as a Deactivated Account, CEX.IO may transfer the balance of the Account to a segregated account maintained by CEX.IO, specifically designated for the secure custody of inactive Funds. Such transfer shall be carried out to ensure the security and proper segregation of the User’s Funds. Prior to making the designation as inactive and the transfer, CEX.IO shall notify the User in writing, by sending to the email address registered with the Account, at least thirty-one (31) calendar days in advance. If the User does not reactivate the Account or take any other measure to avoid the designation as inactive within the notice period, CEX.IO shall proceed with the transfer of the Account balance to the segregated account and deactivate the Account.

16.4. For Inactive Account(s) and Deactivated Account(s), CEX.IO shall charge a monthly Maintenance Fee for the maintenance, preservation and administration of the relevant Account and any remaining Funds. The fee for individual Users shall be the greater of 0.3% of the outstanding Account balance or USD 30 per month, or its equivalent in any other Fiat Currency or Digital Asset. For corporate Users, the Maintenance Fee shall be the greater of 0.5% of the outstanding Account balance or USD 100 per month, or its equivalent in any other Fiat Currency or Digital Asset. These fees shall be automatically deducted from the User’s Account balance each month. If the Account balance is fully depleted or reduced to zero, or if the Account is formally closed with no remaining balance, Maintenance Fees shall no longer be charged. CEX.IO reserves the right to adjust these fees in the future, upon notice to the User in accordance with these Terms.

16.5. Following deactivation, the Account shall no longer be accessible for any Transaction and any remaining balance shall be held in the segregated account. The User may request the return of the Funds from the Deactivated Account, subject to applicable fees or charges, if any. To reactivate an Inactive Account or Deactivated Account, the User must submit a request from an authorised email address through CEX.IO Support. CEX.IO reserves the right to request updated “Know Your Customer” documentation, including proof of identity, proof of address, a recent photograph and a bank statement. Reactivation of the Account is free of charge for the User. CEX.IO reserves the right to reject the reactivation request if the User does not provide the required documentation or does not meet the applicable compliance requirements.

16.6. Deactivation of the Account does not automatically entail the deletion of the User’s Personal Data. CEX.IO may retain Personal Data for legal, regulatory or compliance reasons, even after deactivation of the Account. For more information on CEX.IO’s data retention practices, please refer to the Privacy Policy.

16.7. CEX.IO reserves the right to continue applying the Maintenance Fee to any remaining Funds transferred to CEX.IO’s internal administrative ledger, holding arrangement or other account used for inactive or deactivated balances, until such Funds are returned, withdrawn, transferred, set off, depleted or otherwise dealt with in accordance with these Terms and Applicable Law. If a Deactivated Account has a zero balance due to the application of Maintenance Fees, it may be formally closed. If the User has remaining Funds within such internal administrative ledger or holding arrangement, such Funds may be transferred back to the Account once it has been reactivated, subject to these Terms and CEX.IO’s applicable verification and compliance requirements.

16.8. In the event that CEX.IO ceases to support a particular Cryptocurrency, the User may be charged a non-refundable Storage Fee for the storage of such Cryptocurrency until the remaining asset is claimed by the User or the Account balance is reduced to zero. CEX.IO shall notify the User in writing of its intention to cease supporting the relevant Cryptocurrency, by sending an email to the address registered with the Account. Such notice shall be sent at least seven (7) calendar days in advance of the termination of support. The Storage Fee, if applicable, shall be calculated and applied in accordance with the current fee rate set by CEX.IO, and shall be non-refundable. The User shall be responsible for recovering the User’s assets before termination of support or depletion of the Account balance.

16.9. CEX.IO reserves the right to convert the User’s Funds from such Cryptocurrency into a Fiat Currency, at CEX.IO’s sole discretion. The User hereby expressly authorises and irrevocably instructs CEX.IO and agrees that, if such conversion is necessary, the User’s Funds will be automatically converted into an appropriate alternative as determined by CEX.IO. In such cases, CEX.IO shall apply the prevailing market rate for the conversion and the User agrees to bear the costs or fees associated with such conversion. The User further agrees that CEX.IO shall not be liable for any loss of value or adverse effects arising from the conversion process. If the User wishes to recover the User’s original Cryptocurrency prior to conversion, the User must do so within the notice period. Following the expiration of the notice period, CEX.IO shall proceed with the conversion and the User acknowledges and agrees that any subsequent recovery, return, remittance or payment in respect of such converted balance shall be made by reference to, and shall not exceed, the Fiat Currency amount determined as at the effective conversion date and time, and that CEX.IO does not guarantee, and shall have no liability for, any subsequent increase in the value of the original Digital Asset, any difference between the conversion price and any later market price, or any inability to recover or return the original Digital Asset following such conversion.

16.10. For the foregoing, the User hereby expressly authorises CEX.IO, without further instruction, to sell, realise or otherwise convert any Digital Assets credited to the Deactivated Account into US Dollars at the prevailing market rate, the average execution price reasonably obtained, or such other commercially reasonable rate or methodology as CEX.IO may determine having regard to available liquidity, market conditions, spreads, execution costs and operational practicability.

16.11. The date and time on which CEX.IO executes or records the relevant conversion shall be the effective conversion date and time for all purposes under these Terms. From that date and time, the User shall cease to have any exposure or entitlement in respect of the relevant Digital Assets in their original form, and CEX.IO shall have no liability for any subsequent increase or decrease in the market value of those Digital Assets, or for any volatility, appreciation, depreciation, yield, fork-related entitlement or similar economic consequence arising after the effective conversion date and time.

16.12. Following such conversion, CEX.IO may hold the resulting balance within the internal administrative ledger or holding arrangement referred to above pending lawful withdrawal, remittance, set-off, deduction of any amounts due under these Terms, or such other treatment as may be permitted by these Terms and Applicable Law. Any such internal administrative segregation or separate recording is solely an operational measure and shall not be construed as creating any trust, fiduciary relationship or regulatory safeguarding arrangement.

16.13. CEX.IO’s prior notice obligation, as specified in these Terms, shall be deemed satisfied from the moment the notice is sent by email to the User’s registered address. CEX.IO shall not assume any liability if the User does not receive such notice due to the User having unsubscribed from CEX.IO’s newsletter, marked CEX.IO emails as “spam” or taken any other action that prevents delivery of such emails. It is the User’s responsibility to keep the User’s contact preferences up to date and to ensure that CEX.IO emails are not blocked, redirected or otherwise not delivered.

16.14. CEX.IO may deduct the Storage Fee from any balance held in the Account.

16.15. CEX.IO reserves the right to amend the Maintenance Fee and/or the Storage Fee, as well as the method by which such fees are charged. In the event of any change, CEX.IO shall notify the User in writing of its intention to amend the Storage Fee or the manner in which it is applied. Such notice shall be sent by email to the User’s registered address at least seven (7) calendar days in advance of the effective date of the changes. The User’s continued use of the Platform following the effective date of such changes shall be deemed acceptance of the updated fees.

17. PAYMENT ORDERS AND INSTRUCTIONS

17.1. The User may, subject to these Terms and the availability of the relevant Service, submit Instructions and Orders through the Platform in such form and by such means as CEX.IO may permit from time to time.

17.2. Each Instruction and Order submitted by the User shall be complete, accurate, lawful and capable of being processed in accordance with the operational rules, technical parameters and compliance requirements applicable to the relevant Service. CEX.IO shall be entitled to rely on the content of any Instruction or Order as submitted and shall have no obligation to investigate whether the same reflects the User’s underlying intention.

17.3. An Instruction or Order shall be deemed received by CEX.IO only when it is actually received by the relevant CEX.IO system in readable form and is capable of being processed, and not merely when it is initiated, transmitted or displayed by the User’s device, browser, software, API integration or other interface.

17.4. CEX.IO shall not be obliged to accept or execute every Instruction or Order submitted by the User and shall not be responsible for any failure to process, execute, match, route or settle any Instruction or Order where such failure, delay or refusal arises from Applicable Law, insufficient balances, technical restrictions, pricing protections, market conditions, unavailable liquidity, unsupported assets or networks, incomplete or inaccurate information, fraud or security concerns, compliance review, sanctions screening, Force Majeure, or any other circumstance in which CEX.IO is entitled under these Terms to refuse or delay the relevant activity.

17.5. CEX.IO may, acting reasonably and in good faith, refuse to accept, process or execute any Instruction or Order, in whole or in part, where:

• the Instruction or Order is incomplete, inaccurate, inconsistent or unclear;
• the relevant balance is insufficient, unavailable, on hold, restricted or subject to prior reservation;
• the relevant Service, asset, network or Trading Pair is unavailable, suspended, restricted or no longer supported;
• the Instruction or Order would breach these Terms, Applicable Law or any internal compliance, sanctions, fraud-prevention, security, operational or risk-management control applied by CEX.IO;
• there is a manifest error, pricing anomaly, technical malfunction, market disruption, data-feed issue, system overload, latency event or other circumstance affecting the integrity or reliability of execution; or
• CEX.IO is otherwise entitled under these Terms to delay, suspend, reject, cancel or condition the relevant activity.

17.6. CEX.IO shall be entitled to rely upon, and act in accordance with, any Instruction, Order, authentication event, API request, communication or other purported instruction received through the User’s Account, credentials, authentication tools, approved devices, API keys, email channel or any other security procedure accepted by CEX.IO, and CEX.IO shall be entitled to treat the same as authentic and binding upon the User unless and until CEX.IO has received notice in accordance with these Terms that the relevant security elements have been compromised or misused and has had a reasonable opportunity to act on such notice.

17.7 The total price paid by the Buyer in respect to each Transaction performed via the Service 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.

17.8. Where the Platform displays an indicative quote, market price, conversion rate, reference rate, estimated output amount, estimated network fee, estimated settlement amount or similar pre-trade information, such information shall be deemed indicative only unless and until CEX.IO expressly confirms execution of the relevant Transaction. CEX.IO does not warrant that any displayed price, quote or rate will remain available for any period of time or that the User will be able to transact at that price, quote or rate.

17.9. The execution price, conversion rate, exchange rate, spread, fee, settlement amount, output amount or other economic term applicable to a Transaction may differ from any previously displayed or expected amount as a result of market movement, volatility, slippage, liquidity constraints, partial execution, changes in network fees, processing delays, routing methodology, pricing protections, third-party costs or any other relevant factor affecting execution or settlement.

17.10. An Order may be subject to minimum and maximum size requirements, price collars, circuit breakers, rate limits, throttling, margin of tolerance, partial execution, queue priority, time-in-force conditions, cancellation limits, order book rules or any other execution parameter, restriction or protection implemented by CEX.IO from time to time.

17.11. Unless expressly stated otherwise by CEX.IO in relation to a particular Service or Order type, the User may not cancel, amend or revoke an Instruction or Order after it has been submitted, accepted for processing, matched, executed, broadcast to the relevant network, or otherwise reached such stage of processing that cancellation, amendment or revocation is no longer reasonably practicable.

17.12. CEX.IO may, but shall not be obliged to, permit the cancellation, amendment or replacement of an Instruction or Order prior to execution or final processing, provided that any such cancellation, amendment or replacement shall take effect only if and when confirmed by CEX.IO through the Platform or otherwise in writing or electronic form.

17.13. A Transaction shall be deemed final and binding on the User once the relevant Order or Instruction has been accepted, matched, executed, processed, settled, broadcast, credited, debited or otherwise recorded by CEX.IO, as applicable to the relevant Service, and the User shall bear all resulting obligations, charges, market risk, network risk and other consequences arising therefrom, subject to Applicable Law and the express provisions of these Terms.

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

17.15. The User acknowledges and agrees that certain Transactions, including blockchain-based transfers, Digital Asset withdrawals, Digital Asset deposits, conversions, spot trades and other network-dependent or market-dependent Transactions, may be irreversible once initiated, executed, broadcast, settled or confirmed, and may be incapable of recall, reversal, cancellation or amendment.

17.16. The User shall be solely responsible for verifying, prior to submission of any Instruction or Order, all relevant Transaction Details, including the asset type, amount, destination wallet address, memo, tag, beneficiary information, bank account details, payment reference, selected network, selected Trading Pair, order parameters, fees, quoted terms and any other data relevant to the Transaction. CEX.IO shall not be liable for any loss arising from inaccurate, incomplete, incompatible or unsupported Transaction Details provided by the User.

17.17. CEX.IO may aggregate, net, split, batch, route, sequence, prioritise, re-route, postpone, partially execute or otherwise process Instructions and Orders in such manner as CEX.IO reasonably considers appropriate for operational efficiency, market execution, risk management, settlement, compliance or technical purposes.

17.18. CEX.IO shall be entitled to debit the User’s Account for the full amount of any Transaction, together with all applicable Charges, at the time of submission, acceptance, execution, settlement or such other time as CEX.IO may reasonably determine in accordance with the nature of the relevant Service or Transaction.

17.19. Where a Transaction is initiated using insufficient available balance, duplicate credit, provisional credit, uncollected funds, funds subject to chargeback risk, funds subject to hold, or any balance later determined not to have been validly credited, CEX.IO may refuse, reverse, cancel, reclaim, net, offset or otherwise unwind the relevant Transaction or any resulting credit, to the extent legally and technically permissible.

17.20. CEX.IO may impose a hold, reserve, settlement period, withdrawal delay, confirmation threshold, blockchain confirmation threshold, reconciliation requirement or other waiting period before treating any Deposit, credit or Transaction as final, available, settled or withdrawable.

17.21. If CEX.IO becomes aware of any manifest error, technical error, duplicated Transaction, mispricing, stale quote, unsupported asset credit, reconciliation discrepancy, erroneous transfer, incorrect booking, or other mistake affecting any Instruction, Order or Transaction, CEX.IO may cancel, void, reverse, correct, reclaim, re-book or otherwise adjust the relevant Transaction, entry or balance in order to restore the intended position.

17.22. CEX.IO may establish and apply rules regarding dust balances, minimum transferable amounts, minimum withdrawal amounts, unsupported residual balances, rounding methodology, decimal precision, fee deduction sequence and treatment of de minimis amounts. Where a balance falls below the applicable minimum threshold or is uneconomic or technically impracticable to process, CEX.IO may restrict the relevant functionality or apply such treatment as is disclosed in the applicable product rules or fee schedule.

17.23. Nothing in this Section shall oblige CEX.IO to accept any minimum volume of Orders, provide continuous market access, maintain any particular asset, Trading Pair, liquidity source or execution methodology, or guarantee execution, settlement or availability of any Service at any particular time or on any particular terms.

18. PAYMENT METHODS

18.1. CEX.IO supports a variety of payment methods, including but not limited to Apple Pay, Google Pay, debit card, bank transfer and any other payment method made available by CEX.IO from time to time, each a “Payment Method”. Any reference to third-party payment methods is for identification purposes only and does not imply sponsorship, endorsement, affiliation or approval by the relevant third-party owner, except where expressly stated

18.2. The User may only use a Payment Method of which the User is the lawful owner or an authorized user. By linking or designating a Payment Method to the User’s Account, the User represents and warrants that the User has full authority to use such Payment Method for Transactions conducted through the Platform. The User is solely responsible for ensuring the legitimacy of any recipient, payee or Transaction the User authorizes.

18.3. By linking, registering, selecting or using a Payment Method in connection with any Transaction, the User represents and warrants that the User has full right, authority and permission to use that Payment Method for the relevant Transaction and authorises CEX.IO and/or its payment service providers to debit the relevant Payment Method and/or the User’s Account for the full amount of the Transaction, including all applicable fees, charges and network costs disclosed in accordance with these Terms.

18.4. Once the User initiates a Transaction, the User may not withdraw or revoke consent to it. Following execution, CEX.IO has no obligation to cancel, withhold or reverse the Transaction, except as required by Applicable Law, network rules or CEX.IO’s compliance obligations.

18.5. Once a Transaction has been executed or otherwise confirmed by CEX.IO as completed, it becomes final, binding and non-reversible, except as required by Applicable Law or network rules. Submitting a Transaction instruction through the Platform does not guarantee execution, and CEX.IO reserves the right to cancel, reject or delay any Transaction that cannot be completed due to insufficient funds, network conditions, risk controls or compliance requirements.

18.6. CEX.IO is not responsible for losses arising from errors the User makes in entering payment instruction(s), nor for Transaction(s) the User authorizes that are later disputed as unsatisfactory, delayed or otherwise inconsistent with the User’s expectations.

18.7. For any Transaction, once submitted by the User and accepted by CEX.IO, CEX.IO or its authorized payment processor will debit the User’s designated Payment Method and/or Account balance(s) for the total amount of the Transaction, including any applicable Platform fees and network costs as disclosed at or before execution. The date and time the User initiates an Order may differ from the time the User’s Payment Method or Account balance is charged.

18.8. By using a card, bank transfer or other Payment Method to make Transaction(s), the User expressly acknowledges and agrees that such Transaction(s) may not carry the same consumer protections, rights of reversal or dispute resolution mechanisms that apply to purchases of tangible goods or traditional consumer services. Transactions are inherently final, non-reversible once executed, and may not be refundable, except as required by applicable law or network rules.

18.9. The User recognises 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.

18.10. Notwithstanding anything to the contrary in these Terms, CEX.IO makes no representation, warranty or guarantee that any Order, Transaction, Instruction or request submitted by the User, including those relating to the purchase, sale, exchange, conversion or withdrawal of Digital Assets, will be executed, or executed at any specific time. CEX.IO shall not be liable for any delays, failures, partial executions or non-executions of Orders or Transactions, regardless of the cause, including but not limited to market conditions, technical constraints, price fluctuations, latency, system maintenance, regulatory actions or compliance-related holds. The User acknowledges and accepts that any execution is subject to availability, matching criteria, system integrity and applicable legal and regulatory requirements.

18.11. CEX.IO may be required to cancel or withdraw Withdrawal Transactions already executed at the request of financial institutions, including, but not limited to, banks, that participate in the settlement of such Transactions. In such cases, the User undertakes to cooperate with CEX.IO to determine the reasons for such request.

19. DEPOSITS, WITHDRAWALS AND FUNDING

19.1. Subject at all times to these Terms, Applicable Law, the availability of the relevant Service, the completion of all onboarding, verification and compliance requirements, and any operational or risk controls applied by CEX.IO from time to time, the User may fund the Account and withdraw available balances by such methods, in such currencies and Digital Assets, and subject to such procedures, limits and conditions as CEX.IO may permit from time to time.

19.2. CEX.IO may accept or support Deposits and Withdrawals by bank transfer, payment card, transfer between Accounts, blockchain transfer, wallet transfer, conversion flow or any other funding or withdrawal method designated by CEX.IO from time to time. CEX.IO shall have the right, at any time and without liability except as required by Applicable Law, to add, remove, suspend, restrict or impose conditions on any funding or withdrawal method, Digital Asset, blockchain network, protocol or destination type.

19.3. The User shall ensure that each Deposit and Withdrawal Instruction is complete, accurate, lawful and submitted strictly in accordance with the procedures, directions, technical requirements and compliance requirements specified by CEX.IO from time to time, including in relation to account details, payment references, wallet addresses, network selection, beneficiary information, whitelisting, wallet ownership or control, Travel Rule data and any other Transaction Details.

19.4. CEX.IO shall have no obligation to credit, process, release or make available any Deposit unless and until the relevant funds or Digital Assets have been actually received by CEX.IO, irreversibly credited to the relevant account, wallet or payment channel, sufficiently confirmed, reconciled and cleared, and determined by CEX.IO, acting reasonably and in good faith, to be free from legal, regulatory, sanctions, fraud, security, chargeback, clawback, recall, reversal or operational concerns.

19.5. Any fiat or Digital Asset balance credited to the Account prior to final settlement, final blockchain confirmation, internal reconciliation, chargeback expiry or other finality threshold may be treated by CEX.IO as provisional only, and CEX.IO may place a hold, reserve or usage restriction on all or part of such balance pending completion of the relevant verification, confirmation or settlement process.

19.6. CEX.IO may, acting reasonably and in good faith, require the User to provide additional information, documentation or evidence in relation to any Deposit or Withdrawal.

19.7. CEX.IO may refuse, reject, delay, suspend, reverse where legally and technically possible, or impose conditions on any Deposit or Withdrawal where:

• the relevant Instruction, payment, transfer or wallet interaction is incomplete, inaccurate, inconsistent or unsupported;
• the relevant payment method, bank account, wallet address, network, asset or destination is not supported, has not been verified, is not whitelisted, or is otherwise unacceptable to CEX.IO;
• the relevant Deposit or Withdrawal gives rise to legal, regulatory, sanctions, anti-money laundering, counter-terrorist financing, fraud, security, chargeback, market abuse, tax or operational concerns;
• the relevant fiat or Digital Asset has not been finally received, settled, cleared, confirmed or reconciled;
• the User has breached these Terms or failed to satisfy any applicable compliance or verification requirement; or
• CEX.IO is otherwise entitled under these Terms or Applicable Law to take such action.

19.8. The User acknowledges and agrees that bank transfers, payment card transactions, payment services, blockchain transfers, wallet transfers and other funding and withdrawal methods are subject to the rules, limits, fees, processing times, settlement cycles, restrictions and operational dependencies of the relevant third-party provider, banking and/or financial institution, blockchain network, validator set, protocol or intermediary, and CEX.IO shall not be liable for any delay, rejection, non-delivery, chargeback, recall, reversal, shortfall, loss or failure attributable to any such third party or infrastructure.

19.9. The User shall ensure that any fiat Deposit originates from a bank account, payment account, card or other payment method lawfully used by the User and acceptable to CEX.IO. Where required by CEX.IO, the relevant account or payment method must be held in the User’s own name, under the User’s ownership or control, or otherwise expressly approved by CEX.IO.

19.10. The User represents, warrants and undertakes that any Withdrawal of Digital Assets or Fiat Currency from the Account shall be made only to a destination permitted by CEX.IO and lawfully used by the User. Where required by CEX.IO such destination must be held in the User’s own name, under the User’s ownership or control, previously verified or whitelisted, or otherwise expressly approved by CEX.IO. Nothing in these Terms shall oblige CEX.IO to permit Withdrawals to third-party wallets or accounts, and CEX.IO may, acting reasonably and in good faith, refuse, delay, suspend, condition or reject any Withdrawal Instruction where the proposed destination has not been verified by CEX.IO.

19.11. CEX.IO shall not be liable for any loss, delay or failure arising out of or in connection with:

• the User’s provision of an incorrect, incomplete, incompatible, unsupported or unauthorised bank account, payment reference, wallet address, memo, tag, beneficiary detail or other transaction details;
• the User’s selection of an incorrect blockchain network, protocol, asset or transfer route;
• any transfer of Funds by the User to a third-party or non-owned wallet or account requested or authorised by the User; or
• any refusal, delay, suspension, reversal or non-processing of a Deposit or Withdrawal in circumstances where CEX.IO is entitled under these Terms or Applicable Law to take such action.

19.12. Where a Deposit is made in a Fiat Currency or Digital Asset not supported by CEX.IO, is sent by means not supported by CEX.IO, or is sent without the required payment reference, wallet metadata or other required Transaction Details, CEX.IO may, but shall not be obliged to, use commercially reasonable efforts to identify, recover, return or otherwise deal with the relevant funds or Digital Assets. CEX.IO may charge the User reasonable administrative, recovery, blockchain, legal or third-party costs incurred in connection therewith and gives no representation or warranty that any such recovery or return shall be possible.

19.13. In the event that a Fiat Deposit Order is not completed because the User fails to transfer the relevant Fiat Currency to the Account, or otherwise to complete the funding of such Fiat Deposit Order in the manner prescribed by CEX.IO, within thirty (30) calendar days from the date of creation of the relevant Fiat Deposit Order, CEX.IO shall be entitled, without further notice and without incurring any liability to the User, to reject, cancel and close such Fiat Deposit Order, release any funds, rate, quotation, reservation or operational capacity associated with it, and require the User to submit a new order should the User wish to proceed thereafter.

19.14. CEX.IO may apply minimum and maximum Deposit and Withdrawal thresholds, daily, weekly or monthly limits, rolling limits, velocity checks, account-level limits, asset-specific limits, destination-specific limits, geolocation-based limits, source-of-funds thresholds, confirmation thresholds, reserve periods and any other quantitative or qualitative conditions it reasonably considers necessary or appropriate.

19.15. CEX.IO may impose fees, commissions, spreads, network fees, withdrawal fees, payment processing fees, foreign exchange costs, bank charges, intermediary charges, return fees, recovery fees and other Charges in connection with Deposits and Withdrawals, and shall be entitled to deduct the same from the amount deposited, withdrawn, credited or otherwise processed, or to debit the same separately from the User’s Account, in each case as disclosed in accordance with these Terms.

19.16. Where a chargeback, reversal, return, recall, indemnity claim, dispute or clawback arises in relation to any fiat Deposit, card-funded transaction, payment instrument or funding method used by the User, CEX.IO may, without prejudice to any other right or remedy available under these Terms or Applicable Law, suspend the relevant Account, reverse or cancel any associated credit, recover any corresponding Digital Assets, debit the User’s Account, set off any resulting liability against any balance standing to the credit of the User, and take such other action as CEX.IO reasonably considers necessary to protect its legitimate interests.

19.17. The User acknowledges and agrees that blockchain-based Deposits and Withdrawals may be affected by network congestion, fluctuating transaction fees, mempool conditions, validator performance, chain reorganisations, protocol changes, bridge failures, smart contract vulnerabilities, forks, airdrops, exploits, delays in broadcast, delays in confirmation, failed transfers or other events beyond CEX.IO’s reasonable control. CEX.IO shall not be liable for any resulting loss, delay, failure, reduced amount or non-finality, save to the extent directly caused by CEX.IO’s fraud, wilful misconduct or material breach of these Terms.

19.18. CEX.IO may establish and apply policies regarding unsupported residual balances, dust balances, minimum transferable amounts, minimum withdrawal amounts, fee deduction sequence, conversion of unsupported balances, treatment of delisted or discontinued assets, and deadlines for Withdrawal following suspension or discontinuation of support for any Digital Asset, network or Service.

19.19. Where CEX.IO suspends or discontinues support for any Digital Asset, network, protocol, payment rail or Withdrawal functionality, CEX.IO may specify a period during which the User may withdraw or otherwise deal with the affected balance, subject to Applicable Law and operational feasibility. If the User fails to act within the specified period, CEX.IO may take such action as is provided for under these Terms and reasonably necessary to comply with Applicable Law, manage operational risk and address unsupported balances.

19.20. Nothing in this Section 19 shall oblige CEX.IO to accept any Deposit, process any Withdrawal, support any particular asset, network, protocol, payment method or destination, or make any balance available for use or Withdrawal prior to such time as CEX.IO determines that all applicable legal, regulatory, compliance, security, settlement, reconciliation and operational requirements have been satisfied.

20. INCORRECTLY SENT DEPOSITS AND WITHDRAWALS

20.1. The minimum deposit amount for each Cryptocurrency can be found on the Limits and Commissions page.

20.2. CEX.IO reserves the right, but not the obligation, to recover, at the User’s request, the Cryptocurrency deposit incorrectly sent to the User’s CEX.IO account in certain situations. The detailed process and all conditions of such recovery, together with the Request Form, are available through the Platform or such other channel(s) as CEX.IO may designate.

20.3. 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 USD 100.00 in the User’s Deposit Cryptocurrency equivalent. This fee will be calculated from the original amount of the User’s Deposit and charged in the Deposit Cryptocurrency.

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

20.5. 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.

20.6. 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.

20.7. CEX.IO also reserves the right, but not the obligation, at the User’s request, to recover in certain situations incorrectly sent Fiat Withdrawals where: (i) the User made a mistake in bank details; or (ii) the beneficiary’s bank is in a high-risk area. The detailed process and all conditions of such recovery together with the Application Form are available through the Platform or such other channel as CEX.IO may designate.

20.8. The User acknowledges and agrees that the attempt to recover the incorrectly sent Fiat Withdrawals incurs a non-refundable fee in the amount of USD 50.00 (“Recovery Fee”). The User agrees that CEX.IO 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 the Recovery Fee.

20.9. The User acknowledges and agrees that the Recovery Fee will be charged regardless of the recovery outcome as CEX.IO uses significant resources to investigate the case.

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

21. CHARGEBACKS, PAYMENT DISPUTES AND ERRONEOUS CREDITS

21.1. Payment disputes, chargebacks and insufficient funds

21.1.1. The User agrees not to initiate or pursue any chargeback, payment reversal or similar dispute with the User’s financial institution or payment service provider for any Authorized Transaction that has been marked by CEX.IO as pending or complete, regardless of the Payment Method used.

21.1.2. In the event of any refund request, reversal request or chargeback related to an Authorized Transaction, the User remains liable for the full amount, including fees and associated costs. The User authorizes CEX.IO to recover such amounts by debiting any linked Payment Method or offsetting against balances owed to the User, subject to Applicable Law and network rules.

21.1.3. If the initially selected Payment Method is unavailable, declined, or returns insufficient funds, the User authorizes CEX.IO, at its sole discretion, to:

• cancel, suspend, or withhold the relevant Transaction if applicable;
• charge or deduct the amount due from any other Payment Method associated with the Account;
• offset the owed amount by deducting available Fiat Currency or Digital Asset balances held in the Account, including through conversion or liquidation of such assets.

21.1.4. The User agrees to promptly provide any information, documentation, or assistance requested by CEX.IO or its payment service providers in connection with the investigation, resolution, or dispute of any actual or attempted chargeback, payment reversal, or related claim. The User’s failure to cooperate in a timely and complete manner may be deemed a material breach of these Terms and may result in limitation, suspension, or termination of the Account, as well as the implementation of enforcement measures as described herein.

21.1.5. CEX.IO may impose a holding period of up to seven (7) business days on any Digital Asset that the User intends to buy, sell, exchange, or transfer through the Platform. A holding period may be extended, in CEX.IO’s discretion, if additional verification, risk review, or compliance procedures are required. Such holding periods may be applied, at CEX.IO’s sole discretion, to allow for the completion of settlement procedures, verification of the transaction, implementation of anti-fraud safeguards, and fulfilment of other regulatory, legal, or compliance obligations.

21.1.6. In the event of a payment failure or reversal, CEX.IO is under no obligation to reinstate the cancelled or affected Transaction at the original price, terms, or execution conditions. The User hereby waives any claims or entitlements to compensation, loss recovery, or consequential damages arising out of or related to such cancellation, suspension, or adjustment of a Transaction.

21.1.7. The User may not initiate or request a chargeback or reversal based solely on dissatisfaction with the Service, slow execution, market volatility, or a misunderstanding of the nature of Digital Assets. Filing an unfounded or fraudulent chargeback may constitute a material breach of these Terms and may lead to Account suspension, recovery of costs and fees incurred by CEX.IO in defending or reversing the chargeback, or legal action to enforce CEX.IO’s rights. Notwithstanding anything in these Terms, nothing herein limits any rights to dispute unauthorized charges or exercise rights expressly preserved by Applicable Law. CEX.IO may share information about fraudulent or abusive chargeback activity with card networks, issuing banks, and authorized financial institutions pursuant to Applicable Law.

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

21.2. Erroneous credits

21.2.1. In certain cases, due to a technical error, system malfunction, third-party integration fault, or any other internal or external issue(collectively an “Error”), funds or Digital Assets may be incorrectly credited to the User’s Account. This includes situations where CEX.IO has not actually received the corresponding deposit, transfer, or settlement from the originating institution, network, or payment method.

21.2.2. Any such funds or Digital Assets shall be deemed erroneously credited and do not constitute the User’s lawful property, even if the User has already withdrawn, transferred, or converted them  (the “Excess Amount”). Such Excess Amount shall remain the property of, or be repayable to, CEX.IO or the relevant rightful party, as applicable, and the User shall promptly notify CEX.IO upon becoming aware of the same and shall not use, transfer, withdraw, dispose of, encumber or otherwise deal with the Excess Amount except as expressly instructed by CEX.IO.

21.2.3. The User expressly agrees and acknowledges that: (i) the User has no entitlement to retain or use any erroneously credited funds; (ii) the User shall, upon becoming aware of such Error or upon request from CEX.IO, promptly return any such funds to CEX.IO and fully cooperate with all recovery efforts; (iii) CEX.IO shall be entitled, without prior notice, to reverse, debit, or withdraw any such erroneously credited funds from the Account, and in the event the balance is insufficient, to debit any other assets, fiat balances, or proceeds held in the Account, including by liquidating Digital Assets to offset the amount owed; (iv) where the erroneously credited funds have been withdrawn or otherwise disposed of by the User prior to recovery, CEX.IO without prior notice may freeze, suspend, or restrict access to the Account and initiate recovery of amounts due, including selling any Digital Assets held in the Account and pursuing all available legal remedies under Applicable Law, which may include civil litigation or referral to appropriate law-enforcement authorities, to recover such funds. CEX.IO’s rights under this clause shall survive termination of these Terms and shall apply retroactively to any such Error incident occurring at any time.

21.2.4. If the User becomes aware of or reasonably suspects that any funds or Digital Assets have been incorrectly credited to the User’s Account due to an Error, the User must promptly notify CEX.IO without undue delay via the communication channels provided on the Platform. Subject to timely notification and full cooperation in the return of such funds or Digital Assets, CEX.IO may, at its sole discretion, issue a goodwill credit, fee waiver, or other Service related benefit. Any such benefit shall be discretionary, non-transferable, and shall not be deemed an obligation, entitlement, or waiver of any rights available to CEX.IO under these Terms or Applicable Law.

21.2.5. If the balances standing to the credit of the User’s Account are insufficient to satisfy in full the Excess Amount and any reasonable costs, charges or losses incurred by CEX.IO in connection with the Error and its correction, the User shall remain liable for the shortfall and shall reimburse CEX.IO immediately upon demand or within such shorter or longer period as CEX.IO may reasonably specify in the relevant notice. If the User fails to make such reimbursement within the period specified by CEX.IO, CEX.IO may, to the extent legally permissible and without prejudice to any other right or remedy available to it, exercise any right of set-off, debit, recovery or enforcement available under these Terms or Applicable Law, including converting, liquidating or realising any available Funds in the User’s Account on a commercially reasonable basis and applying the net proceeds towards discharge of the outstanding liability, together with any applicable fees, third-party costs and reasonable recovery expenses.

21.2.6. The User shall not be entitled to assert, and hereby waives to the fullest extent permitted by Applicable Law, any claim, defence or entitlement based solely on the fact that the Excess Amount was initially reflected in the User’s Account, made available for use, or capable of being withdrawn, where such credit, availability or withdrawal right arose as a result of an Error, mistake, malfunction or other circumstance described in this Section 21. Nothing in this Section 21 shall limit or exclude CEX.IO’s right to pursue recovery of the Excess Amount, together with any related losses, costs, charges, expenses, interest and other sums recoverable at law, by any lawful means available to it, including contractual set-off, restitutionary recovery, injunctive relief, interim relief, tracing, debt recovery proceedings or any other legal or equitable remedy available under the applicable law.

22. SUSPENSION, RESTRICTION AND TERMINATION OF ACCOUNT AND SERVICES

22.1. CEX.IO may, at any time and without liability except to the extent required by applicable law, suspend, restrict, freeze, block, downgrade, close or terminate the User’s Account, the User’s access to the Platform or any Service, any balance, any Deposit, any Withdrawal, any Transaction, any Order, any Instruction, any wallet interaction, any Payment Method, any API access, any Digital Asset, any Trading Pair or any other functionality, in whole or in part, where CEX.IO reasonably suspects or determines that such action is necessary or appropriate for legal, regulatory, sanctions, anti-money laundering, counter-terrorist financing, fraud-prevention, security, operational, market integrity, reputational or risk-management reasons.

22.2. Without limitation to Clause 22.1, CEX.IO may take any action described in this Section 22 where:

• the User has breached, or CEX.IO reasonably suspects that the User has breached, these Terms, any product-specific terms, any applicable policy or any requirement notified by CEX.IO from time to time;
• the User has provided, or CEX.IO reasonably suspects that the User has provided, false, inaccurate, incomplete, outdated, misleading, forged, counterfeit, manipulated, inconsistent, unverifiable or otherwise unsatisfactory information, documentation, explanation, declaration or Instruction;
• the User fails, refuses or delays in providing any information, explanation, declaration, document or evidence requested by CEX.IO for onboarding, verification, ongoing monitoring, Account review, sanctions screening, source-of-funds, source-of-wealth, wallet ownership or control, tax, fraud-prevention, security or other compliance purposes;
• the User ceases to satisfy any eligibility requirement or becomes, or CEX.IO reasonably suspects that the User has become, a Restricted Person or is accessing or using the Platform or any Service from a Restricted Jurisdiction;
• unauthorised access, fraud, market abuse, money laundering, terrorist financing, proliferation financing, sanctions exposure, security compromise, account takeover, misuse of credentials, payment abuse, chargeback abuse or other unlawful, improper or suspicious activity has occurred or is suspected;
• the User has used, or CEX.IO reasonably suspects that the User has used, any Account, wallet, Payment Method, bank account, card, device, credentials, API key, Digital Asset, Fiat Currency or other property without lawful authority or in breach of these Terms;
• the relevant Service, Digital Asset, Trading Pair, blockchain, protocol, wallet infrastructure, payment method, banking rail, third-party dependency or technical infrastructure has become unavailable, unreliable, compromised, unsupported, operationally impracticable, unlawful or subject to legal, regulatory, sanctions, fraud-prevention, security or operational concern;
• such action is necessary or appropriate to comply with Applicable Law, a court order, a regulator, a law-enforcement agency, a competent authority, a payment service provider, a banking partner, a custodian, a card scheme, a sanctions-screening result, a blockchain analytics result or any other binding or risk-based requirement applicable to CEX.IO; or
• such action is otherwise reasonably necessary to protect CEX.IO, its affiliates, its Users, any third party, the integrity of the Platform, the Services or any relevant market.

22.3. Any suspension, restriction, freeze, block or limitation under this Section 22 may include, to the extent reasonably necessary in the circumstances:

• disabling or limiting access to the Account, the Platform, the Services or any part thereof;
• refusing, rejecting, delaying, suspending or cancelling any Order, Instruction, Deposit, Withdrawal, transfer, conversion, trade, payment, wallet interaction or other Transaction;
• disabling Deposits, Withdrawals, trading, transfers, conversions, API access, Payment Methods, wallet functionality or other specific features;
• placing any balance, asset, Transaction, wallet address, Payment Method, device, communication channel, API key, Account or related activity under review, hold or enhanced monitoring;
• requiring additional information, explanations, declarations, documents, undertakings, confirmations, verification steps or security checks;
• limiting the Account to reduced functionality, withdrawal-only functionality or such other restricted status as CEX.IO reasonably determines; and/or
• maintaining any restriction for so long as CEX.IO reasonably considers necessary to complete the relevant review, investigation, verification, remediation, reporting, legal or regulatory process.

22.4. CEX.IO may conduct an Account review at any time where CEX.IO considers this necessary or appropriate for legal, regulatory, sanctions, anti-money laundering, counter-terrorist financing, fraud-prevention, tax, security, operational or risk-management purposes. During any Account review, CEX.IO may take any action described in this Section 22 and may require the User to cooperate fully and promptly provide such information, records, explanations, declarations, documents and assistance as CEX.IO may reasonably request. Failure by the User to cooperate with any Account review may result in continued suspension, restriction, freezing, closure or termination of the Account or any Service.

22.5. CEX.IO may cancel any unconfirmed, incomplete, duplicate, fraudulent, abandoned or improperly opened Account. CEX.IO may also close or deactivate any Account that has remained inactive, dormant, unverified or unsupported for the period specified in these Terms or in any applicable inactivity, maintenance-fee, storage-fee, unsupported-asset or account-closure procedure notified by CEX.IO from time to time.

22.6. CEX.IO shall not be obliged to give prior notice of any suspension, restriction, freeze, block, closure or termination where providing such notice would be unlawful, would prejudice or undermine any investigation, review, legal hold, regulatory process, suspicious activity assessment, fraud-prevention measure, security measure or other legitimate protective action, or would otherwise expose CEX.IO, its Users or any third party to legal, regulatory, sanctions, fraud, security, operational or market-integrity risk.

22.7. Where reasonably practicable and legally permissible, CEX.IO shall endeavour to notify the User of any material suspension, restriction, closure or termination affecting the User’s Account. Any such notice may be provided by email, through the Platform, by in-account notification or by any other communication method permitted under these Terms. CEX.IO shall not be required to disclose any reason, information or document where such disclosure would be unlawful, restricted by Applicable Law, contrary to regulatory expectations, or likely to prejudice any investigation, monitoring activity, security measure, legal hold or risk-management process.

22.8. Suspension, restriction, freezing, blocking or limitation of the Account or any Service shall not operate as a waiver of any right or remedy available to CEX.IO and shall not prevent CEX.IO from subsequently closing or terminating the Account or any Service, maintaining or extending any restriction, reporting to any competent authority, preserving records, exercising any right of set-off, recovering any amount due, or taking any other action permitted under these Terms or Applicable Law.

22.9. The User may request closure of the Account by submitting a request through such channel(s) as CEX.IO may designate from time to time. CEX.IO may require the User to complete such authentication, verification, due diligence, sanctions, fraud-prevention, security and regulatory procedures as CEX.IO reasonably considers necessary before acting upon any such request.

22.10. Any request for Account closure shall be subject to:

• the cancellation, completion, rejection or settlement of all open Orders, pending Transactions, outstanding Instructions and other unsettled activity;
• the payment in full of all fees, commissions, charges, costs, expenses, negative balances, chargebacks, reversals, clawbacks, indemnities and other amounts due, owing or accrued to CEX.IO under these Terms;
• the provision by the User of valid and complete instructions for the withdrawal or transfer of any remaining Fiat Currency and/or Digital Assets standing to the credit of the Account, in each case to a destination permitted by CEX.IO; and
• the completion of any verification, due diligence, sanctions, fraud-prevention, security, legal, regulatory, tax, payment, wallet-ownership or operational review that CEX.IO reasonably considers necessary or appropriate.

22.11. CEX.IO’s acknowledgement of an Account closure request shall not oblige CEX.IO to close the Account immediately and shall not terminate, prejudice, suspend or otherwise affect any ongoing or subsequent investigation, monitoring activity, legal hold, regulatory review, suspicious activity assessment, dispute, chargeback process, payment review, asset-recovery process, cooperation with any competent authority, or any right or remedy available to CEX.IO under these Terms or Applicable Law.

22.12. Upon closure or termination of the Account, the User shall provide valid and complete withdrawal or transfer instructions, including an approved bank account, wallet address or other destination permitted by CEX.IO, in order to enable the return of any remaining balance, subject always to these Terms, Applicable Law, verification requirements, security controls, sanctions screening, financial-crime controls, payment restrictions, network availability, operational feasibility and any other applicable legal, regulatory, compliance or risk-management requirement.

22.13. CEX.IO shall use reasonable efforts to return any remaining available credit balance to the User as soon as reasonably practicable following receipt of valid transfer instructions and completion of all applicable checks. The User acknowledges and agrees that intermediary banks, payment service providers, card schemes, correspondent institutions, blockchain networks, validators, custodians, beneficiary institutions or other third parties may deduct fees, charges, network costs or other amounts from the amount transferred, and that such deductions may not always be capable of being calculated in advance. To the extent such charges are imposed by third parties and are not within CEX.IO’s control, the User shall bear them.

22.14. CEX.IO may deduct, withhold, debit, net or set off from any balance standing to the credit of the User’s Account any fees, commissions, charges, costs, expenses, negative balances, chargebacks, reversals, clawbacks, indemnity claims, transfer costs, recovery costs, safeguarding costs, legal costs, administrative costs, tax-related amounts or other liabilities due, owing or incurred by the User to CEX.IO, including any costs reasonably incurred in connection with the Account, its closure or any post-closure activity, including the return, transfer, recovery or safeguarding of any remaining Fiat Currency or Digital Assets. Where the costs and liabilities associated with closure, termination, return, transfer, recovery or safeguarding exceed the value of the remaining balance, the User shall remain liable to reimburse CEX.IO for the shortfall on demand.

22.15. The User shall not be entitled to close, or purport to close, any Account for the purpose of avoiding payment of any amount due to CEX.IO, evading any verification, due diligence, sanctions, fraud-prevention, anti-money laundering, tax, security or other compliance review, frustrating any investigation, avoiding any chargeback, reversal, clawback or recovery process, or otherwise circumventing these Terms or Applicable Law.

22.16. Where the User fails to provide timely, valid and complete withdrawal or transfer instructions, where the remaining balance is below any applicable minimum threshold, where the relevant asset, payment method, wallet, network or destination is unsupported, unavailable or restricted, or where CEX.IO is unable lawfully, securely or operationally to return or transfer any remaining Fiat Currency or Digital Assets, CEX.IO may retain, restrict, hold, convert, transfer, deal with or dispose of such Fiat Currency or Digital Assets in such manner as is permitted by these Terms and Applicable Law.

22.17. Following suspension, restriction, closure or termination of the Account, termination of the business relationship, or notice by CEX.IO that the User may no longer access or use the Platform or any Service, CEX.IO shall have no obligation to provide continued customer support, Account functionality, technical assistance, transaction processing, asset-recovery assistance, operational assistance, explanations, statements, reports or other support in relation to the closed, suspended, restricted or terminated Account, except to the extent required by Applicable Law, these Terms or as CEX.IO may agree in writing.

Without prejudice to the foregoing, CEX.IO may limit any post-closure or post-termination communication with the User to matters which CEX.IO reasonably considers necessary or appropriate, including authentication, Verification Procedures, return or transfer of any available balance, settlement of outstanding liabilities, legal or regulatory obligations, complaints handling, record-keeping, enforcement of these Terms or cooperation with any competent authority. CEX.IO may require the User to complete further Verification Procedures and provide any information, documents, explanations or confirmations reasonably requested by CEX.IO before responding to or taking any action in relation to any post-closure or post-termination request.

After suspension, restriction, closure or termination of the Account, or after notice by CEX.IO that the User may no longer access or use the Platform or any Service, the User must not initiate or attempt to initiate any Deposit, Withdrawal, transfer, payment, Transaction, wallet interaction or other activity in relation to the Account or any wallet address, payment details or other destination previously associated with the Account. Any Fiat Currency, Digital Asset or other value sent, transferred or attempted to be transferred to CEX.IO, the Account or any associated wallet address or payment channel after such time shall be at the User’s sole risk and may be rejected, returned where legally and technically possible, held, frozen, restricted, investigated, treated as unsupported, applied in or towards any amount due to CEX.IO, or otherwise dealt with by CEX.IO in accordance with these Terms and Applicable Law. CEX.IO shall have no obligation to credit, process, support, recover, trace, return or otherwise deal with any such post-closure or post-termination transfer except to the extent required by Applicable Law.

22.18. Closure, suspension, restriction or termination of the Account shall not automatically entail deletion of the User’s Personal Data. CEX.IO may retain Personal Data, Account records, Transaction records, communications, verification materials and related information for such period as is required or permitted under Applicable Law, the Privacy Policy and CEX.IO’s legal, regulatory, tax, accounting, audit, fraud-prevention, sanctions, security, dispute-resolution and record-keeping obligations.

22.19. Any suspension, restriction, freeze, block, closure or termination of the Account, the Platform or any Service shall not affect any rights, remedies, liabilities or obligations accrued or incurred prior to the effective date of such action, all of which shall survive until fully performed, satisfied or discharged. Without limitation, provisions relating to fees, charges, taxes, set-off, erroneous credits, payment disputes, chargebacks, reversals, clawbacks, indemnities, liability, intellectual property, records, disclosures, privacy, complaints, dispute resolution, governing law, enforcement and any other provision which by its nature is intended to survive shall continue to apply after suspension, restriction, closure or termination.

22.20. Nothing in this Section 22 shall limit or prejudice any other right or remedy available to CEX.IO under these Terms, any product-specific terms, any applicable policy or Applicable Law, including any right to refuse or delay any Transaction, suspend or discontinue any Service, delist or discontinue support for any Digital Asset, correct an error, recover an erroneous credit, exercise set-off, report to any competent authority, seek interim or injunctive relief, or pursue any debt, restitutionary, contractual, legal or equitable remedy.

23. SERVICE AVAILABILITY, MAINTENANCE AND SERVICE DISRUPTIONS

23.1. Subject to these Terms, CEX.IO shall use reasonable skill and care and commercially reasonable efforts to make the Platform and the Services available to the User; however, the User acknowledges and agrees that access to the Platform and the Services may from time to time be unavailable, delayed, interrupted, degraded, suspended or restricted by reason of scheduled maintenance, emergency maintenance, upgrades, repairs, testing, security incidents, capacity constraints, market conditions, blockchain or network events, third-party failures, Force Majeure, legal or regulatory requirements, or other technical and operational circumstances.

23.2. Except as expressly set out in these Terms, and save to the extent that any representation, warranty, condition or undertaking cannot lawfully be excluded or limited under Applicable Law, the Platform and the Services are provided on an “AS IS” and “AS AVAILABLE” basis. CEX.IO does not represent or warrant that the Platform or any Service will be continuously available, uninterrupted, timely, secure, error-free, free from defects, free from harmful code, or capable of supporting any particular Transaction, asset, network, functionality or result at any given time.

23.3. Where a Digital Asset balance is reflected in the User’s Account as supported and available on the Platform, CEX.IO shall, subject to these Terms, use commercially reasonable efforts to enable the User to access the relevant functionality made available by CEX.IO in respect of such Digital Asset, including holding, transfer, conversion, trading or withdrawal functionality, as applicable, save where such functionality is restricted, suspended, discontinued or unavailable in accordance with these Terms, Applicable Law or operational necessity.

23.4. CEX.IO may, at any time and without liability except to the extent required by Applicable Law, suspend, withdraw, restrict or limit access to all or any part of the Platform or the Services where reasonably necessary or appropriate for scheduled maintenance, emergency maintenance, upgrades, repairs, security interventions, incident response, legal or regulatory compliance, fraud-prevention, operational resilience, system integrity or any other legitimate operational reason.

23.5. Where reasonably practicable and legally permissible, CEX.IO shall endeavour to provide prior notice of any scheduled maintenance or material planned interruption affecting the Platform or the Services. The User acknowledges and agrees that advance notice may not be possible in the case of emergency maintenance, urgent security measures, incidents, third-party outages or other circumstances outside CEX.IO’s reasonable control. CEX.IO may make available service-status information, maintenance notices, incident updates or similar information through the Platform or such other communication channels as CEX.IO may designate from time to time. Any such information is provided for convenience only and nothing in these Terms shall oblige CEX.IO to maintain any particular public status page, notification channel or update frequency.

23.6. 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:

(a) suspension of User internal transfers within CEX.IO products to maintain the integrity, safety and accuracy of User’s funds during the migration process;

(b) suspension of creation of new Orders to maintain stability and consistency in the order book;

(c) cancellation of open Orders. All or some part of open Orders may be cancelled during the migration process to prevent conflicts with system upgrades and ensure a seamless transition; and

(d) 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 Policy may apply.

23.7. 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 minimise 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.

23.8. CEX.IO does not guarantee that any Order, Instruction, Deposit, Withdrawal, transfer, trade, conversion, payment or other Transaction will be accepted, processed, executed, matched, settled or completed within any particular period or at all. The submission of any Order or Transaction instruction by the User does not, of itself, constitute a guarantee of execution or completion.

23.9. The User acknowledges and agrees that the availability and performance of the Platform and the Services may depend in part on third-party systems, infrastructure and service providers, including internet service providers, cloud service providers, payment service providers, banking partners, custodians, exchanges, market data providers, telecommunications providers, blockchain networks, validators, node operators, bridge operators and other intermediaries, none of which are under CEX.IO’s control. CEX.IO shall not be liable for any unavailability, delay, interruption, failure or degradation attributable to any such third party.

23.10. The User is solely responsible for maintaining such hardware, software, internet connectivity, devices, browsers, operating systems, security settings and other technical means as are necessary to access and use the Platform and the Services. CEX.IO shall not be responsible for any inability of the User to access the Platform or the Services arising from the User’s own equipment, software, connectivity or technical environment.

23.11. CEX.IO shall not be liable for any loss, delay, failed Transaction, missed opportunity, price movement, market movement, data loss or other damage arising out of or in connection with any interruption, suspension, restriction, degradation, delay or unavailability of the Platform or the Services.

23.12. CEX.IO may, from time to time, make available to selected Users certain beta, pilot, preview, test, limited-release or experimental products, services, features or functionalities. Any such feature may be subject to additional eligibility criteria, separate terms, limited availability, reduced functionality, restricted support, enhanced monitoring, increased operational risk and change or withdrawal at any time, with or without notice, to the fullest extent permitted by Applicable Law. Unless expressly stated otherwise by CEX.IO, beta, pilot, preview, test, limited-release or experimental features are provided on an “AS IS” and “AS AVAILABLE” basis and may not be relied upon as forming part of the standard or continuing Services.

24. API, MOBILE APPLICATIONS AND RELATED TOOLS

24.1. Subject to any additional requirements imposed by CEX.IO from time to time, the User may be permitted to access or use an application programming interface or other automated connectivity solution made available by or on behalf of CEX.IO (the “API”). Any such access shall be personal, limited, non-exclusive, non-transferable, revocable and subject at all times to these Terms, any technical documentation, integration rules, rate limits, security requirements and other conditions notified by CEX.IO from time to time.

24.2. The User shall ensure that any API integration, API-connected application, script, bot, software, infrastructure, algorithm, trading system, middleware, routing tool or third-party solution used by or on behalf of the User:

(a) does not impair, disrupt, overload, damage, compromise, test, scrape, reverse engineer, probe or otherwise interfere with the Platform, the API, any Service, any market, any order book, any account, any user environment or any CEX.IO or third-party system;

(b) complies with all technical documentation, operational rules, rate limits, throughput restrictions, data usage restrictions and security requirements imposed by CEX.IO;

(c) does not create excessive load, abusive traffic, unnecessary polling, duplicate calls, manipulative activity, denial-of-service conditions or any other operational burden on the Platform or the API; and

(d) is not used for any unlawful, manipulative, deceptive, fraudulent, abusive or unauthorised purpose.

24.3. The User shall not, whether through the API or otherwise:

(a) send unsolicited or unlawful communications, malicious code, corrupted data or harmful instructions;

(b) attempt to obtain unauthorised access to any system, network, market data, account, credential, environment or confidential information;

(c) use the API in a manner that infringes any intellectual property right, confidentiality obligation, privacy right or other right of any person; or

(d) use the API to engage in market abuse, market manipulation, wash trading, spoofing, layering, abusive latency strategies, quote stuffing, arbitrage designed to exploit technical faults, or any other conduct prohibited by these Terms or Applicable Law.

24.4. Where the User permits any third party to access the Account or interact with the Platform by means of the API or otherwise, the User shall remain fully liable and responsible for all acts, omissions, Instructions, Transactions, errors, misuse, breaches and losses arising from or in connection with such third-party access or use as if such acts or omissions had been committed by the User.

24.5. The API, any related documentation, credentials, data feeds, schemas, endpoints, technical specifications and all related functionality are provided on an “AS IS” and “AS AVAILABLE” basis, and CEX.IO gives no representation, warranty or undertaking that the API will be continuously available, uninterrupted, latency-free, error-free, compatible with any third-party software or infrastructure, or fit for any particular purpose, save to the extent such representation or warranty cannot lawfully be excluded.

24.6. Without prejudice to any other rights or remedies available to CEX.IO under these Terms or applicable law, CEX.IO may immediately suspend, restrict or terminate the User’s Account access, API access, any API key, any connected application or any relevant functionality where CEX.IO reasonably suspects or determines that the User or any third party acting through the User has breached this Section, compromised security, endangered the Platform, exceeded permitted usage, or otherwise exposed CEX.IO, the Platform, other users or any third party to legal, regulatory, market, security or operational risk.

24.7. Nothing in this Section shall oblige CEX.IO to make the API available to the User, to continue supporting any specific endpoint, function, version, integration or technical feature, or to maintain backward compatibility for any minimum period. CEX.IO may amend, replace, withdraw or deprecate any part of the API, related documentation or technical requirements at any time, subject to Applicable Law and such notice as CEX.IO considers reasonably appropriate in the circumstances.

24.8. 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 in connection with the use of the API or the use of the API by any third party that the User has given access to the API.

25. PLATFORM LICENCE, CEX.IO CONTENT, MARKET DATA AND INTELLECTUAL PROPERTY RIGHTS

25.1. Subject to these Terms, Applicable Law, successful onboarding and any eligibility, jurisdictional, product, technical, operational or risk-based restrictions applied by CEX.IO from time to time, CEX.IO grants the User a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to access and use the Platform, the Services and the CEX.IO Content made available to the User through the Platform solely for the User’s own lawful use and only for the purposes expressly contemplated by these Terms.

25.2. The licence granted under Clause 25.1 is conditional upon the User’s continuing compliance with these Terms, any applicable product-specific terms, CEX.IO’s technical documentation, operational requirements, security requirements, usage limits and any instructions, policies or restrictions notified by CEX.IO from time to time. CEX.IO may suspend, restrict, revoke or terminate such licence at any time where CEX.IO reasonably suspects or determines that the User has breached these Terms or where such action is necessary or appropriate for legal, regulatory, sanctions, fraud-prevention, security, operational, market integrity, reputational or risk-management reasons.

25.3. CEX.IO and/or its licensors own all right, title and interest in and to: (i) the Platform, the Site, the Services and all related interfaces, functionality, software, systems, infrastructure and technology; (ii) all content, materials, text, graphics, layouts, designs, charts, market data, pricing data, quotes, indices, analytics, compilations, databases, database contents, documentation, trade names, trademarks, logos and branding made available on or through them; (iii) the selection, coordination, arrangement and presentation of the foregoing; and (iv) all intellectual property rights, database rights, proprietary rights and confidential information in and to the foregoing (together, “CEX.IO Content”). All CEX.IO Content is protected by copyright, patent, trademark, database rights and other Applicable Law, unless otherwise specified.

25.4. Except for the limited licence expressly granted under Clause 25.1, nothing in these Terms transfers, assigns, licenses or otherwise makes available to the User any right, title or interest in or to the Platform, the Services, the Site, any software, any technology, any CEX.IO Content, any Market Data, any trademark, trade name, logo, domain name, database, proprietary information, confidential information or other intellectual property of CEX.IO, its affiliates or its licensors. All rights not expressly granted to the User under these Terms are reserved by CEX.IO and its licensors.

25.5. Any market data, pricing information, quotes, charts, order book information, reference data, analytics, research materials or similar information made available through the Platform (“Market Data”) is provided solely for informational purposes and for the User’s internal use in connection with the Services. Market Data may be owned by CEX.IO, its affiliates, licensors, exchanges, venues, data vendors or other third parties and may be delayed, indicative, incomplete, inaccurate, interrupted or unavailable from time to time. CEX.IO does not represent or warrant that any Market Data is accurate, complete, current, uninterrupted, error-free or fit for any particular purpose.

25.6. In connection with the Services, the User may access, receive or interact with third-party content, software, data, websites, APIs, integrations or other third-party services. CEX.IO does not control or endorse, and shall not be responsible or liable for, any third-party content or third-party service. The User’s use of any third-party content or third-party service may be subject to separate terms and conditions with the relevant third party, and CEX.IO is not a party to such terms unless expressly stated otherwise.

25.7. The User shall not, and shall not permit, facilitate or enable any third party to:

(a) use any CEX.IO Content, Market Data, Platform functionality or Service in any manner or for any purpose that is unlawful, fraudulent, deceptive, manipulative or otherwise in breach of these Terms or Applicable Law;

(b) use any CEX.IO Content, Market Data, Platform functionality or Service in any manner that infringes, misappropriates or otherwise violates any intellectual property right, database right, confidentiality obligation, privacy right, proprietary right or other right of CEX.IO or any third party;

(c) copy, reproduce, republish, modify, adapt, translate, disassemble, decompile, reverse engineer or otherwise attempt to derive source code, underlying ideas, algorithms, structure, sequence, organisation or technical logic from the Platform, the Services, any software or any CEX.IO Content, except to the extent such restriction is prohibited by Applicable Law;

(d) remove, alter, conceal or obscure any copyright, trademark, proprietary, confidentiality or other rights notice contained in or accompanying any CEX.IO Content;

(e) sell, resell, assign, transfer, distribute, sublicense, lease, lend, publish, disclose, commercially exploit or otherwise make available any CEX.IO Content, Market Data or Platform functionality to any third party, except where CEX.IO has expressly approved such use in writing;

(f) extract, scrape, harvest, mine, index, cache, store, reproduce, reutilise or otherwise exploit any database, database content, Market Data, pricing data, user data or other data made available through the Platform, except as expressly permitted through an approved API or other authorised interface and in accordance with all applicable technical and operational requirements;

(g) use any virus, malware, malicious code, automated process, bot, scraper, spider, parser, harvesting tool, emulator or similar device, routine or mechanism in connection with the Platform, the Services, CEX.IO Content or Market Data, except as expressly permitted through an approved API or other authorised interface;

(h) bypass, disable, avoid, impair, overload, probe, scan, test, interfere with or otherwise circumvent any technical, security, access-control, rate-limit, geolocation, withdrawal-control, fraud-prevention, sanctions-screening or other safeguard implemented by or on behalf of CEX.IO;

(i) access or use any CEX.IO Content, Market Data, Platform functionality or Service in order to develop, build, train, support or operate any product or service that is competitive with the Platform or the Services;

(j) develop, enable or operate any third-party application, integration, widget, embedded tool, service or interface that interacts with the Platform, the Services, CEX.IO Content or Market Data without CEX.IO’s prior written consent, unless such interaction is expressly permitted through an approved API or other authorised interface;

(k) use any CEX.IO Content, Market Data, Platform functionality or Service for the benefit of any person other than the User, except where CEX.IO has expressly approved such use in writing; or

(l) encourage, permit, facilitate or enable any other person or entity to do any of the foregoing.

25.8. Provided that the User has the rights to do so, the User may provide CEX.IO with feedback, suggestions, ideas, requests, recommendations or similar communications relating to the Platform, the Services, CEX.IO Content or any product or functionality (“Feedback”). The User grants to CEX.IO a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable and sublicensable licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, commercialise and otherwise exploit such Feedback for any purpose, without restriction or obligation to compensate the User.

25.9. Nothing in this Section 25 shall operate to exclude, restrict or override any right that the User may have under Applicable Law, including any mandatory right of a lawful user of a computer program or database to the extent such right cannot lawfully be excluded or limited by contract.

25.10. Without prejudice to any other rights or remedies available to CEX.IO under these Terms or Applicable Law, CEX.IO may suspend, restrict or terminate the User’s access to any CEX.IO Content, Market Data or related functionality where CEX.IO reasonably suspects or determines that the User has breached this Section 25 or where such action is otherwise reasonably necessary to protect CEX.IO’s rights, comply with Applicable Law, comply with third-party terms applicable to any CEX.IO Content or Market Data, or protect the integrity, security or operation of the Platform.

26. PROHIBITED USE, MARKET CONDUCT AND ABUSE PREVENTION

26.1. The User shall access and use the Platform and the Services solely for lawful purposes and strictly in accordance with these Terms, Applicable Law and any instructions, policies, restrictions, eligibility criteria or operational requirements notified by CEX.IO from time to time.

26.2. The User shall not, whether directly or indirectly, engage in, attempt to engage in, facilitate, assist, encourage, procure, permit or enable any unlawful, improper, abusive, deceptive, manipulative, unauthorised or prohibited use of the Platform, the Account, any Service, any Digital Asset, any Payment Method, any wallet, any API, any CEX.IO Content or any related functionality.

26.3. Without limitation to Clause 26.2, the User shall not use, or attempt to use, the Platform or any Service for or in connection with:

• money laundering, terrorist financing, proliferation financing, sanctions evasion or any other financial crime;
• fraud, deception, misrepresentation, phishing, social engineering, account takeover, identity theft, theft, extortion, blackmail, bribery, corruption, embezzlement or any other dishonest or unlawful conduct;
• the concealment, movement, layering, conversion, transfer or attempted legitimisation of proceeds of crime or other unlawful assets;
• the submission, uploading, use or reliance upon any false, inaccurate, fictitious, misleading, forged, counterfeit, manipulated, altered, incomplete, unlawfully obtained or otherwise invalid information, documentation, explanation, declaration or Instruction;
• the use of any Account, wallet, Payment Method, bank account, card, device, credentials, API key, Digital Asset, fiat currency or other property that the User is not lawfully entitled to use;
• any unlawful gambling, unlawful payments activity, unauthorised money transmission, unauthorised payment services, unauthorised investment business or any other regulated activity carried on without any required licence, registration, authorisation, approval or exemption;
• any Ponzi scheme, pyramid scheme, high-yield investment programme, “get rich quick” scheme, fraudulent investment arrangement or materially misleading promotional activity;
• any activity involving goods or services that are illegal, or the promotion, offer, sale, purchase, marketing or distribution of which is illegal or restricted under Applicable Law;
• any activity involving illegal, obscene, exploitative or abusive content, including content involving children or minors, sexual exploitation, human trafficking, forced labour, violence, terrorism, extremist activity, unlawful propaganda or material that violates human dignity;
• any activity involving weapons, firearms, ammunition, explosives, controlled military goods, dual-use goods, narcotics, controlled substances, hallucinogens, counterfeit goods, stolen goods, human remains, body parts, protected animals or plants, archaeological findings, embargoed goods or any other goods or services subject to trade restrictions or special legal controls;
• any activity that infringes, misappropriates or otherwise violates any intellectual property right, database right, confidentiality obligation, privacy right, proprietary right or other right of any person;
• any activity that could expose CEX.IO, its affiliates, any User or any third party to legal, regulatory, tax, sanctions, financial-crime, fraud, security, operational, market integrity or reputational risk; or
• any other purpose that is unlawful, contrary to these Terms or inconsistent with the intended operation of the Platform or the Services.

26.4. The User represents and warrants, on a continuing basis, that: (i) the Fiat Currency, Digital Assets, Payment Methods, wallet addresses, bank accounts, cards, devices, credentials and other property used by the User in connection with the Services are used lawfully by the User; (ii) such property is not derived from, connected with, or intended for any unlawful conduct, including money laundering, terrorist financing, sanctions evasion, fraud or other financial crime; (iii) the User has full right, title, authority and entitlement to use the relevant property, accounts, wallets, Payment Methods and devices; and (iv) the User’s use of the Services and each Instruction submitted by the User does not infringe the rights of any third party and does not breach Applicable Law.

26.5. The User shall not engage in, attempt to engage in, facilitate, assist, encourage, procure or enable any conduct that has the purpose or effect of misleading CEX.IO, other Users, market participants, payment service providers, banking partners, custodians, blockchain analytics providers, competent authorities or any other relevant third party as to the genuine nature of any Account, Order, Instruction, Transaction, market activity, price, liquidity, demand, supply, ownership, control, source of funds, source of wealth, destination of funds, wallet ownership or economic exposure.

26.6. The User shall not engage in, attempt to engage in, facilitate, assist, encourage, procure or enable market abuse, market manipulation or abusive trading conduct of any kind, including wash trading, self-trading intended to create a false or misleading appearance of market activity, matched orders, circular trading, pre-arranged trading, spoofing, layering, quote stuffing, pump-and-dump activity, abusive latency strategies, arbitrage designed to exploit technical faults, or the placement, modification or cancellation of Orders in a manner intended to mislead other market participants or distort price discovery.

26.7. The User shall not knowingly, recklessly or negligently use the Platform or any Service in a manner that could impair, disrupt, overload, damage, disable, compromise or otherwise adversely affect the integrity, performance, security, resilience, availability or reputation of the Platform, any Service, any market, any order book, any API, any database, any wallet infrastructure, any account, any User environment or any related CEX.IO or third-party system.

26.8. Without limitation to Clause 26.7, the User shall not:

• upload, transmit, introduce or deploy any virus, malware, spyware, malicious code, Trojan horse, worm, time bomb, logic bomb, exploit, corrupted data or other harmful software, instruction or device;
• probe, scan, test or attempt to test the vulnerability of the Platform or any related system, network or security control, except with CEX.IO’s prior written authorisation;
• interfere with, circumvent, disable, impair or bypass any authentication, access-control, rate-limit, geolocation, withdrawal-control, security, fraud-prevention, sanctions-screening or other technical or operational safeguard implemented by or on behalf of CEX.IO;
• use any scraper, spider, parser, bot, script, automation tool, emulator or other automated means, except as expressly permitted through an approved API or other authorised interface and in accordance with all applicable technical and operational requirements; or
• carry out any activity that could interfere with any other person’s access to or use of the Platform or the Services.

26.9. The User shall not structure, split, sequence, route, disguise or otherwise arrange Transactions, account activity, wallet activity, payments, Deposits, Withdrawals, device usage, Account ownership or access patterns in a manner intended to evade or circumvent any limit, threshold, review, control, holding period, verification requirement, sanctions control, fraud-prevention measure, Travel Rule requirement, tax reporting requirement, security control or any other legal, regulatory, compliance, risk-management or operational safeguard applied by CEX.IO.

26.10. The User shall not create, operate, control or use any multiple, duplicate, related or linked Accounts, whether directly or indirectly, for the purpose of circumventing these Terms, evading controls, exploiting Promotions, concealing beneficial ownership, facilitating unauthorised intermediation or otherwise obtaining an unfair, improper or unlawful advantage.

26.11. The User shall not use the Platform or any Service on behalf of, for the benefit of, or under the direction of any third party, whether as nominee, undisclosed agent, intermediary, broker, dealer, signal provider, investment manager, trustee, fiduciary, money service business, payment service provider or otherwise, unless such arrangement has been fully disclosed to CEX.IO, expressly approved by CEX.IO in writing and, where applicable, is conducted under all licences, registrations, authorisations, approvals or exemptions required under Applicable Law.

26.12. The User shall not access or use, or attempt to access or use, the Platform or any Service from any jurisdiction, territory or location where such access or use is unlawful, restricted or prohibited, or by using any means intended to conceal, falsify or misrepresent the User’s location, identity, residency, nationality, place of incorporation, place of establishment, beneficial ownership, control or other eligibility criterion.

26.13. CEX.IO may, at any time and without prior notice where reasonably necessary, monitor, review, investigate, analyse, suspend, restrict, reject, cancel, reverse where possible, delay or otherwise take action in relation to any Account, Order, Transaction, Instruction, communication, device, wallet, Payment Method, API access, Digital Asset, balance or activity where CEX.IO reasonably suspects or determines that a breach of this Section 26 has occurred or may occur, or that such action is necessary or appropriate to protect CEX.IO, its affiliates, its Users, the integrity of the Platform or any market, or to comply with Applicable Law.

26.14. Without prejudice to any other rights or remedies available to CEX.IO under these Terms or Applicable Law, where CEX.IO reasonably suspects or determines that the User has breached this Section 26, CEX.IO may:

• refuse to process any Order, Deposit, Withdrawal, transfer or other Instruction;
• cancel, reject, suspend or delay any Order or Transaction not yet settled or finally processed;
• suspend, restrict, freeze or terminate the Account or any Service;
• place any balance, asset, wallet interaction, Payment Method, API access or activity under review or hold;
• require additional information, records, evidence, explanations, declarations or undertakings;
• disqualify the User from any Promotion, rebate, benefit or feature;
• report the matter to any competent authority, law-enforcement agency, payment service provider, banking partner, custodian, market operator, blockchain analytics provider or other relevant third party; and/or
• take any other protective, remedial or enforcement action reasonably considered necessary or appropriate in the circumstances.

26.15. The User shall cooperate fully with any review, inquiry, investigation or remedial process conducted by CEX.IO or on its behalf in connection with this Section 26 and shall promptly provide such information, records, explanations, declarations, documents and assistance as CEX.IO may reasonably request.

26.16. Any breach of this Section 26 shall constitute a material breach of these Terms.

27. COMMUNICATIONS, NOTICES AND ELECTRONIC RECORDS 

27.1. The User acknowledges and agrees that all communications, notices, disclosures, statements, confirmations, alerts, reports, amendments, requests, warnings and other information relating to the Account, the Platform, the Services or these Terms may be provided by CEX.IO in electronic form.

27.2. CEX.IO may communicate with the User by any one or more of the following means:

(a) by email to the email address registered to the User’s Account;

(b) through the Platform, including by in-account message, notification, dashboard alert, pop-up or other electronic interface;

(c) by SMS, telephone call, push notification or other message sent to the mobile number or device associated with the User’s Account;

(d) through any API channel, webhook or other technical communication mechanism made available by CEX.IO; or

(e) by any other electronic or physical means permitted under Applicable Law and reasonably designated by CEX.IO from time to time.

27.3. The User shall ensure that all contact details, delivery channels and communication preferences associated with the Account remain accurate, complete, current and under the User’s control at all times, including the User’s email address, telephone number, postal address, approved devices and any other relevant communication information.

27.4. Any communication, notice or document sent by CEX.IO shall be deemed duly given and received:

(a) if sent by email, at the time of transmission, provided that no error message indicating failed delivery is received by CEX.IO;

(b) if made available through the Platform, at the time it is posted or displayed to the User’s Account or otherwise made accessible through the relevant interface;

(c) if sent by SMS, push notification or similar electronic message, at the time of transmission to the relevant device or number; and

(d) (d) if sent by post or courier, on the fifth (5th) Business Day following dispatch, unless Applicable Law requires a different rule or the relevant notice is actually received earlier,

unless, in each case, Applicable Law requires a different rule.

27.5. The User acknowledges and agrees that it is the User’s responsibility to monitor the User’s email account, mobile device, API channels and the Platform on a regular basis for communications from CEX.IO, and that failure by the User to review any communication duly sent or made available by CEX.IO shall not affect its validity, effectiveness or enforceability.

27.6. The User hereby consents to the use of electronic communications, electronic signatures, electronic records and electronic storage in connection with the Services and these Terms, and acknowledges that such electronic records shall satisfy any legal requirement that communications be in writing, to the fullest extent permitted by Applicable Law.

27.7. CEX.IO may require the User to acknowledge, accept, confirm or re-confirm certain notices, disclosures, amendments, risk warnings, transaction details or security prompts through the Platform or by other electronic means as a condition of continued access to the Services or to any particular functionality.

27.8. CEX.IO may record, retain, monitor and produce any communications, messages, calls, logs, confirmations, acknowledgements, clicks, consents, instructions, access events and related metadata relating to the User, the Account and the Services in accordance with Applicable Law and the Privacy Policy.

27.9. The User may communicate with CEX.IO only through the contact details, support channels and communication methods designated by CEX.IO from time to time. CEX.IO shall have no responsibility for any communication, instruction, notice or request purportedly sent by the User through an unofficial, obsolete, spoofed, compromised or unauthorised channel.

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

28. PROMOTIONS, CAMPAIGNS AND PROMOTIONAL BENEFITS

28.1. CEX.IO may offer, from time to time, marketing, promotional, incentive, referral, rebate, discount, trading-fee balance, reward or similar programmes under which eligible Users may receive promotional bonuses, rewards, fee rebates, fee discounts, trading fee balances, cashback, referral benefits or other promotional benefits (collectively, “Promotions”).

28.2. Promotions are ancillary to the Services and do not alter the nature or scope of the Services described in these Terms. The availability of any Promotion is subject at all times to Applicable Law, CEX.IO’s internal policies, product availability, operational capacity, jurisdictional restrictions, eligibility criteria, verification requirements, account standing, transaction limits and any additional terms, disclosures, limitations or conditions made available by CEX.IO from time to time.

28.3. The detailed terms, conditions and mechanics of any Promotion shall be governed by separate terms and conditions made available by CEX.IO for that Promotion, including, where applicable, the Promotions and Reward Center Terms, eligibility and verification requirements, qualification criteria, geographic limitations, participation periods, reward calculations, valuation methodology, expiry periods, use restrictions, fees and charges, tax consequences, privacy notices and any additional disclosures.

28.4. Any promotional bonus, reward, rebate, discount, trading fee balance, cashback, referral benefit or other promotional benefit may be temporary, conditional, non-transferable, non-withdrawable, restricted to particular Services, subject to expiry, subject to limits, and revocable unless expressly stated otherwise by CEX.IO in writing. Unless expressly stated otherwise in the applicable Promotion terms, participation in a Promotion does not create any entitlement to continued access to that Promotion, any reward, rebate, bonus, preferential fee, Digital Asset, Service, product feature or Account functionality.

28.5. CEX.IO may amend, suspend, withdraw, terminate, cancel, reverse, claw back, withhold, restrict or disapply any Promotion, promotional benefit, reward, rebate, bonus, discount, trading fee balance, cashback, referral benefit or other benefit where CEX.IO reasonably considers this necessary or appropriate, including where the User breaches these Terms or any Promotion terms, fails to satisfy eligibility requirements, provides false or misleading information, engages in fraud, abuse, manipulation, multiple-account activity, chargeback activity, suspicious activity, prohibited use or any activity that may expose CEX.IO to legal, regulatory, sanctions, financial-crime, fraud, tax, security, operational, market-integrity, reputational or other risk.

28.6. Unless expressly stated otherwise in the applicable Promotion Terms, any Promotion, promotional benefit, reward, rebate, bonus, discount, trading fee balance, cashback, referral benefit or similar benefit shall not constitute investment advice, financial advice, legal advice, tax advice, a personal recommendation, or a representation that any Digital Asset, Transaction, Service or Promotion is suitable or appropriate for any User. The User remains solely responsible for deciding whether to participate in any Promotion and for determining any tax consequences arising from participation.

28.7. CEX.IO may restrict, withhold, cancel or refuse any Promotion or promotional benefit in any jurisdiction or in relation to any User where CEX.IO determines that the Promotion is not available, is prohibited, is restricted, requires additional approval, or gives rise to legal, regulatory, tax, sanctions, operational, compliance or reputational concerns.

28.8. In the event of any inconsistency between these Terms and the applicable Promotion terms, the Promotion terms shall prevail solely in respect of that Promotion, unless expressly stated otherwise.

29. LIABILITY, LIMITATIONS AND INDEMNITIES

29.1. NOTHING IN THESE TERMS SHALL EXCLUDE, RESTRICT OR LIMIT: (I) ANY LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION OR WILFUL MISCONDUCT; (II) ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE; OR (III) ANY OTHER LIABILITY WHICH CANNOT LAWFULLY BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

29.2. EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS, AND SAVE FOR ANY WARRANTY, REPRESENTATION, CONDITION OR UNDERTAKING WHICH CANNOT LAWFULLY BE EXCLUDED OR LIMITED, CEX.IO GIVES NO REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY, IN RELATION TO THE SERVICES, THE PLATFORM, ANY DIGITAL ASSET, ANY MARKET, ANY TRADING PAIR, ANY BLOCKCHAIN, ANY PROTOCOL, ANY SMART CONTRACT, ANY WALLET INFRASTRUCTURE, ANY THIRD-PARTY PROVIDER OR ANY OUTCOME OF ANY TRANSACTION, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, UNINTERRUPTED AVAILABILITY, ERROR-FREE OPERATION, SECURITY FROM ALL POSSIBLE THREATS, ACCURACY OF THIRD-PARTY DATA, PROFITABILITY, SUITABILITY OR FITNESS OF ANY TRANSACTION FOR THE USER’S OBJECTIVES.

29.3. WITHOUT PREJUDICE TO CLAUSE 29.2, CEX.IO DOES NOT REPRESENT OR WARRANT THAT: (I) ANY TRANSACTION WILL BE EXECUTED AT ANY PARTICULAR PRICE, WITHIN ANY PARTICULAR TIME, OR ON ANY PARTICULAR TERMS; (II) ANY ORDER WILL BE MATCHED, FILLED, CLEARED OR SETTLED IN FULL OR AT ALL; (III) ANY MARKET QUOTATION, PRICE FEED, INDICATIVE PRICE, CONVERSION RATE, VALUATION, MARKET DEPTH INFORMATION OR OTHER MARKET DATA DISPLAYED ON THE PLATFORM IS CONTINUOUSLY AVAILABLE, COMPLETE, CURRENT OR FREE FROM ERROR; (IV) ANY DIGITAL ASSET, STABLECOIN OR TOKEN WILL MAINTAIN ANY PARTICULAR VALUE, PEG, BACKING, RESERVE STATUS, CONVERTIBILITY, REDEMPTION RIGHT, LIQUIDITY PROFILE OR MARKET ACCEPTANCE; (V) ANY BLOCKCHAIN, PROTOCOL, VALIDATOR SET, BRIDGE, SMART CONTRACT OR NETWORK WILL REMAIN AVAILABLE, SECURE, INTEROPERABLE, FINAL, COMPATIBLE OR FREE FROM FORKS, EXPLOITS, CONGESTION, DELAYS, REVERSIONS, GOVERNANCE DISPUTES OR TECHNICAL FAILURE; OR (VI) THE SERVICES WILL BE AVAILABLE IN ANY JURISDICTION, FOR ANY CATEGORY OF USER, OR IN RELATION TO ANY SPECIFIC PRODUCT, ASSET OR FUNCTIONALITY FOR ANY MINIMUM PERIOD.

29.4. SUBJECT TO CLAUSE 29.1, CEX.IO SHALL NOT BE LIABLE TO THE USER, WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, BREACH OF STATUTORY DUTY, RESTITUTION OR OTHERWISE, FOR ANY: (I) INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS; (II) LOSS OF PROFIT, REVENUE, BUSINESS, CONTRACTS, OPPORTUNITY, ANTICIPATED SAVINGS, GOODWILL OR REPUTATION; (III) LOSS OF DATA, CORRUPTION OF DATA OR INTERRUPTION OF BUSINESS; (IV) LOSS ARISING FROM MARKET MOVEMENT, VOLATILITY, ILLIQUIDITY, LOSS OF VALUE OF ANY DIGITAL ASSET, PROTOCOL EVENT, FORK, VALIDATOR FAILURE, BLOCKCHAIN CONGESTION OR NETWORK FAILURE; (V) LOSS ARISING FROM THE ACTS OR OMISSIONS OF ANY THIRD PARTY, INCLUDING ANY BANKING INSTITUTION, PAYMENT SERVICE PROVIDER, CARD ISSUER, CARD SCHEME, ACQUIRER, CUSTODIAN, EXCHANGE, MARKET DATA PROVIDER, INTERNET SERVICE PROVIDER, CLOUD PROVIDER, TELECOMMUNICATIONS PROVIDER, BLOCKCHAIN NETWORK, VALIDATOR, NODE OPERATOR, BRIDGE OPERATOR OR OTHER THIRD-PARTY INFRASTRUCTURE OR INTERMEDIARY; (VI) ANY INACCURATE, INCOMPLETE, INCOMPATIBLE OR INCORRECT INSTRUCTION, WALLET ADDRESS, BANK ACCOUNT DETAIL, PAYMENT METHOD, MEMO, TAG, BENEFICIARY DETAIL OR OTHER TRANSACTION DETAIL PROVIDED BY THE USER; (VII) ANY FAILURE, DELAY, SUSPENSION, REJECTION, REVERSAL OR RESTRICTION OF ANY TRANSACTION, DEPOSIT, WITHDRAWAL OR SERVICE WHERE CEX.IO IS ENTITLED UNDER THESE TERMS TO TAKE SUCH ACTION; (VIII) ANY UNAUTHORISED ACCESS TO THE USER’S ACCOUNT, CREDENTIALS, EMAIL ACCOUNT, DEVICE OR OTHER ACCESS METHOD TO THE EXTENT RESULTING FROM THE USER’S OWN ACTS, OMISSIONS OR SECURITY FAILINGS; (IX) ANY DECISION BY THE USER TO BUY, SELL, HOLD, TRANSFER, STAKE, CONVERT OR OTHERWISE DEAL IN ANY DIGITAL ASSET OR TO USE ANY SERVICE; (X) ANY TAX LIABILITY OR REPORTING OBLIGATION OF THE USER; (XI) ANY USE OF THE API, ANY API INTEGRATION, API-CONNECTED APPLICATION, SCRIPT, BOT, SOFTWARE, INFRASTRUCTURE, ALGORITHM, TRADING SYSTEM, MIDDLEWARE, ROUTING TOOL OR THIRD-PARTY SOLUTION USED BY OR ON BEHALF OF THE USER, EXCEPT TO THE EXTENT SUCH LIABILITY CANNOT LAWFULLY BE EXCLUDED; OR (XII) ANY EVENT OR CIRCUMSTANCE EXPRESSLY ALLOCATED TO THE USER UNDER THESE TERMS OR ANY SEPARATE RISK DISCLOSURE INCORPORATED BY REFERENCE.

29.5. SUBJECT TO CLAUSE 29.1, CEX.IO’S AGGREGATE LIABILITY TO THAT USER ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE ACCOUNT, THE PLATFORM OR ANY SERVICE, WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, BREACH OF STATUTORY DUTY OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF: (I) THE TOTAL AMOUNT OF CHARGES PAID BY THAT USER TO CEX.IO IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; AND (II) USD 1,000, OR THE EQUIVALENT IN THE RELEVANT FIAT CURRENCY, CALCULATED AT A COMMERCIALLY REASONABLE RATE DETERMINED BY CEX.IO.

29.6. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION 29 SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND SHALL APPLY IRRESPECTIVE OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, BREACH OF STATUTORY DUTY OR OTHERWISE, AND EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

29.7. THE USER SHALL BE RESPONSIBLE FOR ANY AND ALL DAMAGES CAUSED, AND ALL LIABILITY ACTIONS BROUGHT AGAINST CEX.IO, ARISING OUT OF OR IN CONNECTION WITH THE USER’S INFRINGEMENT OF ANY THIRD-PARTY RIGHTS OR VIOLATION OF ANY APPLICABLE LAWS.

29.8. THE USER SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS CEX.IO, ITS AFFILIATES, AND THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS AND SERVICE PROVIDERS FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, DAMAGES, CLAIMS, DEMANDS, ACTIONS, JUDGMENTS, COSTS AND EXPENSES, INCLUDING REASONABLE LEGAL FEES, ARISING OUT OF OR IN CONNECTION WITH: (I) ANY BREACH BY THE USER OF THESE TERMS; (II) ANY UNLAWFUL, FRAUDULENT, NEGLIGENT OR IMPROPER USE BY THE USER OF THE ACCOUNT, THE PLATFORM OR ANY SERVICE; (III) ANY VIOLATION BY THE USER OF APPLICABLE LAW OR OF ANY RIGHT OF ANY THIRD PARTY; (IV) ANY USE BY THE USER OF ANY PAYMENT METHOD, BANK ACCOUNT, WALLET, DEVICE, CREDENTIALS OR OTHER ASSET WITHOUT LAWFUL AUTHORITY; (V) ANY ACT OR OMISSION OF ANY PERSON TO WHOM THE USER HAS GRANTED ACCESS TO THE ACCOUNT OR PERMITTED TO ACT ON THE USER’S BEHALF; (VI) ANY UNJUSTIFIED CHARGEBACK, REVERSAL, RECALL, CLAWBACK OR PAYMENT DISPUTE ARISING FROM OR IN CONNECTION WITH THE USER’S CONDUCT; (VII) ANY USE OF THE API BY THE USER OR BY ANY THIRD PARTY TO WHOM THE USER HAS GIVEN ACCESS TO THE API; OR (VIII) ANY BREACH BY THE USER OF ANY API, SECURITY, TECHNICAL DOCUMENTATION, RATE LIMIT, INTEGRATION, ACCEPTABLE USE OR OTHER REQUIREMENT APPLICABLE TO THE USER’S ACCESS TO OR USE OF THE API.

29.9. THE USER SHALL TAKE ALL REASONABLE STEPS TO MITIGATE ANY LOSS THAT THE USER MAY SUFFER IN CONNECTION WITH THESE TERMS, THE ACCOUNT, THE PLATFORM OR ANY SERVICE. CEX.IO SHALL NOT BE LIABLE FOR ANY LOSS TO THE EXTENT THAT THE USER HAS FAILED TO TAKE REASONABLE STEPS TO MITIGATE THAT LOSS.

29.10. CEX.IO SHALL NOT BE LIABLE FOR ANY DELAY, FAILURE, INTERRUPTION, SUSPENSION, RESTRICTION OR NON-PERFORMANCE OF ANY OBLIGATION UNDER THESE TERMS TO THE EXTENT CAUSED BY ANY EVENT OR CIRCUMSTANCE BEYOND CEX.IO’S REASONABLE CONTROL, INCLUDING ANY ACT OF GOD, NATURAL DISASTER, EPIDEMIC, PANDEMIC, WAR, TERRORISM, CIVIL UNREST, INDUSTRIAL DISPUTE, GOVERNMENTAL ACTION, CHANGE IN APPLICABLE LAW, INTERRUPTION OF UTILITIES, CYBER INCIDENT, FAILURE OF TELECOMMUNICATIONS, INTERNET OR CLOUD SERVICES, BANKING OUTAGE, PAYMENT SYSTEM FAILURE, BLOCKCHAIN FAILURE, VALIDATOR FAILURE, EXCHANGE OUTAGE OR OTHER THIRD-PARTY INFRASTRUCTURE FAILURE, PROVIDED ALWAYS THAT NOTHING IN THIS CLAUSE 29.10 SHALL EXCLUDE OR LIMIT ANY LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

29.11. ANY RIGHT OR REMEDY OF CEX.IO UNDER THIS SECTION 29 IS IN ADDITION TO, AND SHALL NOT PREJUDICE, ANY OTHER RIGHT OR REMEDY AVAILABLE TO CEX.IO UNDER THESE TERMS OR APPLICABLE LAW.

30. COMPLAINTS, CUSTOMER SUPPORT AND ESCALATION

30.1. If the User has any question, concern, complaint or dispute in relation to the Account, the Platform, the Services or these Terms, the User should first contact CEX.IO through CEX.IO’s official customer support channels and provide such information and supporting materials as are reasonably necessary to enable CEX.IO to review the matter. CEX.IO’s official support channel for personal requests is its secure online live chat made available through the website and mobile application. The Help Centre, website, blog, status page and official social media channels may be used by CEX.IO for general information and updates, but personal account-specific issues should not be pursued through social media.

30.2. For the purposes of these Terms, CEX.IO’s official communication channels include the CEX.IO website, Help Centre, blog, status page, official in-app and web live chat, and official social media channels identified by CEX.IO from time to time. Communications purporting to originate from CEX.IO through any other unofficial, spoofed, obsolete or unauthorised channel shall not be relied upon by the User. 

30.3. The User shall cooperate in good faith with any complaint-handling, review or escalation process and shall promptly provide any information, clarification, records or evidence reasonably requested by CEX.IO in connection with the complaint.

30.4. CEX.IO may reject, defer, suspend or close any complaint or support request where: (i) the complaint is clearly without merit, abusive, repetitive or intended to harass; (ii) where the User fails to provide information reasonably requested by CEX.IO; or (iii) CEX.IO is restricted from engaging further by Applicable Law, legal process, sanctions, fraud-prevention considerations, or another legitimate compliance or security reason.

30.5. Nothing in this Section 30 shall prevent CEX.IO from taking any action otherwise permitted or required under these Terms or Applicable Law while a complaint, review or support request remains pending, including suspending or restricting the Account, refusing or delaying a Transaction, preserving records, or making any report or disclosure to a competent authority.

30.6. Where a complaint relates to a third-party payment service provider, banking partner, card issuer, card scheme, custodian, network participant or other third-party service or infrastructure, CEX.IO may, where reasonably appropriate, direct the User to the relevant third party or coordinate with that third party to the extent reasonably necessary.

30.7. Any complaint, support request or escalation submitted by the User shall be made only through the contact details or support channels officially designated by CEX.IO from time to time. CEX.IO shall have no responsibility for any complaint or notice sent through an unofficial, obsolete, spoofed, compromised or otherwise unauthorised channel. Users who are uncertain whether a channel is genuine should use the secure live chat on the website or mobile app, or consult CEX.IO’s published official channels list.

30.8. CEX.IO may record, retain and use any complaint, support request, call, communication, document, evidence or related material for complaints-handling, quality assurance, training, audit, legal, regulatory, fraud-prevention and dispute-resolution purposes in accordance with Applicable Law and the Privacy Policy.

30.9. The making of a complaint or support request by the User shall not relieve the User of any obligation under these Terms, including the obligation to pay any amount lawfully due, except to the extent otherwise required by Applicable Law or expressly agreed by CEX.IO in writing.

30.10. The submission of a complaint, support request, escalation, email, message or other communication after suspension, restriction, closure or termination of the Account, termination of the business relationship, or notice by CEX.IO that the User may no longer access or use the Platform or any Service, shall not require CEX.IO to reopen the Account, restore access to the Platform or any Service, process any Transaction, accept any Deposit or Withdrawal, provide ongoing customer support, or continue the business relationship with the User. CEX.IO may decline to respond substantively to repetitive, abusive, unsupported, irrelevant or previously answered communications, except to the extent a response is required by Applicable Law or CEX.IO’s applicable complaints-handling obligations.

30.11. Nothing in this Section 30 shall prejudice any right of either party to seek interim relief, injunctive relief, declaratory relief, debt recovery or any other remedy available under these Terms or Applicable Law. 

31. GOVERNING LAW AND DISPUTE RESOLUTION

31.1. These Terms, and any non-contractual obligations arising out of or in connection with them, shall be governed by and construed in accordance with the laws of Saint Christopher and Nevis, including the laws applicable in the island of Nevis, without regard to any conflict-of-law rule or principle that would result in the application of the laws of any other jurisdiction..

31.2. The choice of the law under Clause 31.1 shall not deprive the User of any mandatory protections afforded to the User under the laws of the jurisdiction in which the User is domiciled or habitually resident, to the extent that such protections cannot lawfully be excluded or limited by agreement.

31.3. Subject to Clause 31.2, the courts of Nevis shall have exclusive jurisdiction to settle any dispute, claim or controversy arising out of or in connection with these Terms, the Account, the Platform or any Service, including any question regarding their existence, validity, formation, interpretation, performance, breach or termination and any non-contractual obligations arising out of or in connection with them.

31.4. Before commencing formal proceedings, each party shall use reasonable efforts to seek to resolve the relevant dispute through CEX.IO’s complaints and escalation procedures set out in these Terms, except where immediate action is reasonably necessary to preserve rights, seek urgent relief, comply with Applicable Law or avoid prejudice that could not adequately be remedied by damages.

31.5. Nothing in this Section 31 shall prevent CEX.IO from applying at any time to any court of competent jurisdiction for interim, injunctive, protective or conservatory relief, or from taking any action permitted by Applicable Law to protect its rights, assets, systems, confidential information, intellectual property, security interests or regulatory position.

31.6. Without prejudice to any mandatory right of a consumer under Applicable Law, the User and CEX.IO agree that each party shall bring claims against the other only in that party’s individual capacity and not as a claimant or class member in any purported class, collective, representative or group proceeding, to the fullest extent permitted by Applicable Law.

31.7. Time for Bringing Claims. Subject always to any non-excludable rights, statutory limitation periods, regulatory complaint rights, and any rights which may not lawfully be restricted under Applicable Law, each party is expected to notify the other party of any claim arising out of or in connection with these Terms as soon as reasonably practicable after becoming aware of the facts giving rise to such claim. Nothing in these Terms shall operate to exclude, restrict or prejudice any statutory limitation period, mandatory consumer protection right, regulatory complaint right, right to refer a complaint to an applicable ombudsman or competent authority, or any claim which cannot lawfully be excluded or limited.

For Business Users only, and subject to Applicable Law, any contractual claim arising out of or in connection with these Terms must be commenced within one (1) year from the date on which the claiming party became aware, or ought reasonably to have become aware, of the facts giving rise to the claim, provided that this clause shall not apply to claims based on fraud, fraudulent concealment, wilful misconduct, deliberate breach, non-payment of undisputed amounts, indemnity claims, confidentiality breaches, intellectual property misuse, regulatory obligations, or any claim which may not lawfully be limited.

32. PERSONAL DATA, DISCLOSURES AND PRIVACY

32.1. CEX.IO processes Personal Data in accordance with Applicable Law and the Privacy Policy, as amended from time to time. The Privacy Policy is hereby incorporated into and forms an integral part of these Terms by reference.

32.2. By accessing or using the Platform or any Service, the User acknowledges that the User has read and understood the Privacy Policy and that CEX.IO may collect, use, store, disclose, transfer and otherwise process Personal Data in the manner described therein and as otherwise permitted or required by Applicable Law.

32.3. Without prejudice to Clause 32.1, CEX.IO may disclose, share or otherwise make available information relating to the User, the Account, any Transaction and any use of the Services where such disclosure is required or reasonably necessary for the provision of the Services, compliance with CEX.IO’s legal or regulatory obligations, lawful requests of courts or competent authorities, anti-money laundering, counter-terrorist financing, sanctions compliance, fraud prevention, security, tax reporting, enforcement of these Terms, protection of CEX.IO’s rights, or any other purpose described in the Privacy Policy.

The User acknowledges and agrees that CEX.IO does not warrant, represent or undertake that Transactions are anonymous as between all relevant participants or infrastructure providers. While CEX.IO may limit the information disclosed to other Users through the Platform, Transactions and related activity may be visible, traceable, reviewable or attributable by CEX.IO to the extent inherent in the relevant technology, required by Applicable Law, or necessary for the provision, security, investigation or compliance monitoring of the Services.

32.4. CEX.IO may rely on CEX.IO affiliates and third-party service providers, including under outsourcing, subcontracting or other service arrangements, where CEX.IO considers this necessary or appropriate for the efficiency, quality, security, resilience, continuity, maintenance or lawful provision of the Platform and the Services. Subject to Applicable Law and the Privacy Policy, CEX.IO may disclose, transfer, make available or otherwise permit access to Personal Data and other information relating to the User, the Account, any Transaction, any use of the Services and, where relevant, any person connected with the User, including beneficial owners, controllers, directors, officers, employees, authorised signatories, representatives, agents, beneficiaries, payees or other persons whose information is provided to or processed by CEX.IO in connection with the Services.

Such affiliates and third-party service providers may support CEX.IO in relation to technical and security operations, operational support, payment processing, internal controls, customer due diligence, identity verification, background checks, sanctions screening, fraud prevention, risk assessment, transaction monitoring, product development, product maintenance, communications, marketing communications where permitted by Applicable Law, claims administration, complaints handling, customer support, record-keeping, audit, legal and regulatory compliance, enforcement of these Terms and other ancillary services relating to the Platform or the Services.

The information disclosed, transferred, made available or otherwise processed for such purposes may include, without limitation: (i) in respect of an individual, name, address, date and place of birth, nationality, identification information and verification information; (ii) in respect of a legal entity, corporate name, registered office, legal form, registration number, constitutional information, ownership and control information and verification information; (iii) in respect of beneficial owners, controllers, directors, officers, authorised signatories, representatives and other connected persons, identification, verification and contact information; and (iv) in each case, contact details, financial information, Account information, Transaction information, source-of-funds and source-of-wealth information, wallet ownership or control information, device information, usage data, risk data, communication records and any other information reasonably required for the relevant purpose.

Where the User provides or makes available to CEX.IO any Personal Data or other information relating to any beneficial owner, controller, director, officer, employee, authorised signatory, representative, agent, beneficiary, payee or other connected person, the User represents and warrants that the User has the right to provide such information to CEX.IO and shall ensure that such person is informed, where required by Applicable Law, that such information may be processed, disclosed, transferred or made available in accordance with these Terms and the Privacy Policy.

32.5. Further information regarding the categories of Personal Data processed by CEX.IO, the purposes of processing, legal bases, recipients, international transfers, retention periods and the User’s rights in relation to Personal Data is set out in the Privacy Policy.

33. MODIFICATIONS AND AMENDMENTS

33.1. CEX.IO may amend, supplement, restate or otherwise modify these Terms, any policy, any fee schedule, any risk disclosure, any product-specific terms, and any other document incorporated herein by reference from time to time.

33.2. Where CEX.IO makes any material amendment to these Terms, CEX.IO shall provide notice of such amendment in accordance with these Terms and on a durable medium and within such notice period as is required by Applicable Law or, if no such period is prescribed, within a reasonable period before the relevant amendment takes effect.

33.3. CEX.IO may provide notice of any amendment by email, through the Platform, by in-account notification, by posting an updated version of the Terms on the Site, or by any other communication method. The User is responsible for reviewing such notices and the most current version of the Terms.

33.4. Any amendment shall take effect on the date specified in the relevant notice or, if no date is specified, on the date on which the amended Terms are published or otherwise communicated by CEX.IO.

33.5. If the User does not agree to any amendment, the User must cease using the Services and, where applicable, request closure of the Account before the amendment takes effect. Subject to Applicable Law, the User’s continued access to or use of the Platform or any Service after the effective date of an amendment shall constitute the User’s acceptance of the amended Terms.

33.6. Notwithstanding Clause 33.5, CEX.IO may make amendments with immediate effect, without prior notice, where such amendment:

• is required to comply with Applicable Law, a court order, or a requirement or direction of a competent authority;
• relates to the introduction of a new Service, feature or functionality and does not materially and adversely affect the User;
• corrects any obvious error, ambiguity, inconsistency, typographical mistake or drafting defect; or
• is otherwise favourable to the User.

33.7. Nothing in these Terms shall oblige CEX.IO to maintain any particular Service, product, feature, Digital Asset, Trading Pair, payment method or functionality for any minimum period, nor shall it restrict CEX.IO’s right to make such changes.

34. MISCELLANEOUS

34.1. Third-Party Websites, Content and Services. The Site and the Services may contain links to, integrations with, or references to websites, applications, content, software, products or services provided by third parties that are not owned, operated or controlled by CEX.IO. Such links, integrations or references are provided solely for convenience and informational purposes and shall not constitute any endorsement, approval or recommendation by CEX.IO of the relevant third party or of any content, product or service made available by it. CEX.IO does not control and is not responsible for the availability, content, accuracy, legality, security, functionality, terms of use, privacy practices or other policies of any such third-party website, application, content, product or service. The User acknowledges and agrees that access to and use of any third-party website, application, content, product or service shall be entirely at the User’s own risk and may be subject to separate terms, conditions and policies imposed by the relevant third party. To the fullest extent permitted by Applicable Law, CEX.IO shall have no liability arising out of or in connection with the User’s access to, use of, reliance on, or inability to use any such third-party website, application, content, product or service. The User should carefully review the applicable terms of use, privacy policies and other governing documents of any third-party website or service before accessing or using it.

34.2. Conflicts of Interest. CEX.IO is committed to identifying, managing and, where reasonably possible, preventing conflicts of interest in order to protect users and preserve the integrity of the Platform. Potential conflicts of interest may arise between CEX.IO, its affiliates, its shareholders, directors, officers, employees, contractors, service providers and users, or between different groups of users.

34.2.1. CEX.IO maintains internal policies, procedures and controls designed to identify, assess, manage and mitigate conflicts of interest, including organisational separation, compliance oversight, monitoring, escalation and governance arrangements, as CEX.IO considers appropriate having regard to the nature of its business, the Services and Applicable Law.

34.2.2. Where CEX.IO reasonably determines that a conflict of interest cannot be avoided, eliminated or sufficiently mitigated by its internal arrangements, CEX.IO may disclose the general nature and/or source of the relevant conflict to the User.

34.3. Entire Agreement. These Terms, together with the Privacy Policy, the General Risk Disclosure, any applicable fee schedule, product-specific terms, Promotion Terms and any other document expressly incorporated herein by reference, constitute the entire agreement between the User and CEX.IO in relation to the subject matter hereof and supersede all prior discussions, correspondence, negotiations, representations, understandings and agreements between them relating to that subject matter, except in the case of fraud or fraudulent misrepresentation.

34.4. No Reliance. The User acknowledges that, in entering into these Terms, the User has not relied on, and shall have no remedy in respect of, any statement, representation, assurance or warranty that is not expressly set out in these Terms, except in the case of fraud or fraudulent misrepresentation.

34.5. Severability. If any provision of these Terms, or any part of any provision, is found by any court or competent authority to be invalid, unlawful or unenforceable, that provision or part-provision shall, to the extent required, be deemed severed, and the validity and enforceability of the remaining provisions of these Terms shall not be affected. Where any invalid, unlawful or unenforceable provision would be valid, lawful or enforceable if part of it were deleted or modified, the provision shall apply with such minimum deletion or modification as is necessary to make it valid, lawful and enforceable, to the fullest extent permitted by Applicable Law.

34.6. No Waiver. No failure, delay or omission by CEX.IO in exercising any right, power, remedy or privilege under these Terms or Applicable Law shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, remedy or privilege preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege.

34.7. Cumulative Rights. Except as expressly stated otherwise in these Terms, the rights and remedies of CEX.IO under these Terms are cumulative and are in addition to, and not exclusive of, any rights or remedies provided by Applicable Law.

34.8. Assignment. CEX.IO may assign, transfer, novate, subcontract, delegate, declare a trust over or otherwise dispose of any of its rights and obligations under these Terms, in whole or in part, to any affiliate or to any third party in connection with a reorganisation, group restructuring, merger, acquisition, sale of business, transfer of assets, outsourcing arrangement or other legitimate commercial arrangement, provided that such transfer shall not adversely affect any non-excludable rights of the User under Applicable Law. The User may not assign, transfer, novate, charge, declare a trust over or otherwise dispose of any of the User’s rights or obligations under these Terms without CEX.IO’s prior written consent.

34.9. Language. These Terms are drawn up in the English language. If these Terms are translated into any other language, the English language version shall prevail in the event of any inconsistency or ambiguity, to the fullest extent permitted by Applicable Law. CEX.IO may, from time to time, make available translations of these Terms, or functionality enabling Users to view these Terms in another language, including through automated, machine-learning, artificial intelligence or other translation technologies. Unless CEX.IO expressly states otherwise, any such translation is provided solely for the User’s convenience and information, and shall not amend, replace, qualify or otherwise affect the meaning, interpretation or legal effect of the English language version. The User acknowledges that automated or artificial intelligence-based translations may not fully capture the precise legal meaning, terminology, nuance or effect of the English language version. In the event of any inconsistency, discrepancy, ambiguity, omission or conflict between the English language version and any translated version, the English language version shall prevail to the fullest extent permitted by Applicable Law.

34.10. Further Assurances. The User shall, at the User’s own cost and expense, promptly execute and do all such further acts, documents and things as CEX.IO may reasonably require for the purpose of giving full effect to these Terms and the rights and obligations contemplated hereby.

34.11. Survival. Any provision of these Terms which by its nature is intended to survive termination, suspension, restriction or expiry of these Terms, including provisions relating to fees, taxes, set-off, liability, indemnities, intellectual property, records, disclosures, privacy, complaints, dispute resolution, governing law and enforcement, shall so survive.

35. CONTACT DETAILS 

35.1. Contact Channels. The User may contact CEX.IO through the official channels designated by CEX.IO from time to time, including the secure online live chat available through the website,  mobile application and the Help Centre. CEX.IO’s published customer support channel includes support@cex.io. 

35.2. Complaints Contact. If the User wishes to submit a formal complaint, the User may do so through the Complaint Form made available by CEX.IO, by such other official complaint-handling channel as CEX.IO may designate from time to time.

35.3. Official Sources of Information. CEX.IO may publish legal documentation, customer notices, service information, status updates and other relevant information through its website, Help Centre, blog, status page and other official channels designated by CEX.IO from time to time. The User shall rely only on such official channels when seeking information relating to the Services, the Account or these Terms.

35.4. Changes to Contact Details. CEX.IO may amend its contact details, support channels, complaints channels or other contact information from time to time. Any such changes may be communicated through the Platform, the Site or other official channels and shall take effect in accordance with these Terms.

Last update: 05 February 2026

These Terms of Use and the Privacy Policy (hereinafter, the “Terms of Use” or the “Terms”) that register for and/or open a CEX.IO Account or any associated mobile applications, website, or application programming interfaces (together, the “Site” or the “Platform”). These Terms constitute a legally electronic agreement that applies to your access (also referred to herein as “you”, “your” or “User”) and CEX.IO Europe, S.L., a limited liability company, duly incorporated and existing under Spanish law, with tax identification number: B72550395, and registered office at Paseo de la Castellana 53 1ª, Madrid, Spain. CEX.IO EUROPE S.L. is registered with reference E028 as a provider of virtual currency exchange services for Fiat and/or Custody of Electronic Currencies in the register of the Bank of Spain (“CEX.IO”, “we”, “us” or “our”). 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 them and act in accordance with them. If you use 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 take effect as of the date on which 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 accept the Prime Liquidity Service Agreement).

CEX.IO EUROPE S.L. does not provide its Services on the Platform to customers from the following list of countries: Afghanistan, Belarus, the Democratic Republic of the Congo, Canada, Cuba, Guam, Guinea-Bissau, Haiti, India, Iran, Iraq, Japan, Lebanon, Libya, Mali, Myanmar, North Korea, Puerto Rico, the Russian Federation, Singapore, Somalia, South Sudan, the State of Palestine, Sudan, Syria, the United States, the United States Virgin Islands, Venezuela, Yemen.

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

If you are uncertain about your status under the laws of the country in which this Site is being viewed, please contact support@cex.io.

With effect from 08 October 2023, promotions relating to cryptoassets are within the scope of the U.K.'s financial promotion regime. The effect of this extension is broadly that promotions to buy or sell cryptoassets or to engage in certain investment services relating to cryptoassets are subject to the financial promotion restriction.

Remaining committed to our customers, CEX.IO understands and shares the importance of reducing and preventing harm to all of them and helps strengthen how people are protected from the high risks associated with cryptoassets.

The website (“Website”) and the information on it was prepared by CEX.IO only for, and is directed only at UK consumers for the purposes of Financial Services and Markets Act 2000 (“FSMA“) and the rules and guidance of the Financial Conduct Authority of the United Kingdom (“FCA”).

The information on the Website is indicative only and is not intended to constitute any form of financial promotion within the meaning of the FSMA.

Please note that, at this time, clients based in the United Kingdom are eligible to use the following services: CEX.IO Wallet and CEX.IO Spot Trading.

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 authorise 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. Capitalised 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/ Digital Asset(s): means a peer-to-peer decentralised digital representation of value (e.g. bitcoins, ethers, etc.) including tokens.

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. Instant Buy: means a trading service into which the User can buy Cryptocurrency immediately (instantly) from local Fiat currency.

1.1.11. Instant Sell: means a trading service into which the User can convert Cryptocurrency to Fiat currency immediately (instantly).

1.1.12. 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.

1.1.13. Order: means any instruction you submit through the Platform requesting CEX.IO to perform a Service. When an Order (in whole or in part) is carried out, the executed portion constitutes a Transaction.

1.1.14. 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.).

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

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

1.1.17. Services: means all and any technologies, products and/or functionalities provided by CEX.IO.

1.1.18. 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.

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

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

1.1.21. Transaction: means (a) the execution (in whole or in part) of an Order; and (b) any operation on the Platform involving Digital Assets or fiat currency, including but not limited to buying, selling, sending, receiving, depositing, withdrawing, or converting, once accepted and processed by CEX.IO. A Transaction is deemed authorized (“Authorized Transaction”) if it is initiated using your Account credentials, a linked Payment Method, or any authentication mechanism (including two-factor authentication), whether or not you later dispute or claim it was unauthorized or fraudulent. You are solely responsible for all such Authorized Transactions, which shall be considered final, binding, and non-reversible once executed, except as required by applicable law.

1.1.22. 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.

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

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

1.1.25. 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.

1.1.26. 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 unauthorised 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 organisations, 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 authorised 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 authorised third parties, due to legal obligations such as prevention of crimes and tax purposes and/or to provide the service requested by the User.

4.7. Due to their decentralized and technologically complex nature, Digital Assets are susceptible to heightened risks, including, but not limited to, fraud, cyber intrusions, system vulnerabilities, and other malicious or unauthorized activities. You acknowledge and understand that any actual or attempted breach, attack, or malfunction affecting the Platform’s infrastructure may result in your inability to access, control, or use your Digital Assets, whether temporarily or permanently. Such events may occur without prior notice and outside CEX.IO’s reasonable control. For a more detailed description of these and other material risks associated with the use of Digital Assets and related services, you are expressly referred to the General Risk Disclosure, which is incorporated into these Terms.

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 cancelled 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 minimise 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 cancelled or reversed and it holds all Cryptocurrencies acquired by each User in his/her Account and on the respective User's behalf.

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 familiarisation 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 unauthorised 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 unauthorised 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 unauthorised 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 utilise 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 unauthorised 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 unauthorised 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 unauthorised 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 authorises CEX.IO to, directly or indirectly (through third parties), make any inquiries as we consider it necessary to check the relevance and accuracy of the information provided for verification purposes. Personal 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 REVIEWS

13.1. You agree and acknowledge that in accordance with CEX.IO's regulatory obligations and CEX.IO’s internal risk and compliance policies, CEX.IO may from time to time conduct reviews of your Account and related activity (each, an “Account Review”). Such Account Reviews may be conducted for a variety of reasons, including but not limited to potentially unusual or high-risk transaction patterns, operational or technical triggers, changes in usage behavior, inquiries or requests from regulatory, supervisory, or law enforcement authorities, or in connection with CEX.IO’s ongoing compliance, fraud prevention, and risk mitigation functions.

13.2. During the course of an Account Review, CEX.IO may: (1) restrict, suspend, or Freeze the Account under review, as well as any other Account(s) beneficially owned or controlled by you, or by any members of such User’s household, or for which you are a representative or authorized signatory and, in the case of entities, any affiliated account(s); (2) Freeze any Funds or assets in the Account while the Account Review is being conducted; (3) Suspend your access to Services or any affiliated CEX.IO Platforms, pending the outcome of the review, 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 CEX.IO’s AML Program; (iii) any applicable laws, rules, or regulations of any regulator with jurisdiction over CEX.IO; or (iv) any of CEX.IO's applicable policies as incorporated by reference herein; (4) request additional information, documentation, certifications, or explanations in relation to your Account activity, source of funds, identity, or any other matter deemed relevant by CEX.IO. 

13.3. You agree to cooperate fully with any Account Review, and understand that failure to provide requested information may result in continued suspension, restrictions on your Account or or permanent termination of Services. CEX.IO reserves the right to take any lawful measures necessary or appropriate to resolve the Account Review, including, without limitation, reporting to regulatory authorities, further restricting account activity, or recovering funds subject to review.

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. Payment Methods. CEX.IO supports a variety of payment methods, including but not limited to Apple Pay, Google Pay, debit card (each, a “Payment Method”). You may only use a Payment Method of which you are the lawful owner or an authorized user. By linking or designating a Payment Method to your Account, you represent and warrant that you have full authority to use such Payment Method for Transactions conducted through the Platform. You are solely responsible for ensuring the legitimacy of any recipient, payee, or Transaction you authorize.

15.1.1. Once you initiate a Transaction, you may not withdraw or revoke your consent to it. Following execution, CEX.IO has no obligation to cancel, withhold, or reverse the Transaction, except as required by applicable law, network rules, or CEX.IO’s compliance obligations.

15.1.2. Once a Transaction has been executed or otherwise confirmed by CEX.IO as completed, it becomes final, binding, and non-reversible, except as required by applicable law or network rules. Submitting a Transaction instruction through the Platform does not guarantee execution, and CEX.IO reserves the right to cancel, reject, or delay any Transaction that cannot be completed due to insufficient funds, network conditions, risk controls, or compliance requirements.

15.1.3. CEX.IO is not responsible for losses arising from errors you make in entering payment instruction(s), nor for Transaction(s) you authorize that are later disputed as unsatisfactory, delayed, or otherwise inconsistent with your expectations.

15.1.4. For any Transaction, once submitted by you and accepted by us, CEX.IO or its authorized payment processor will debit your designated Payment Method and/or Account balance(s) for the total amount of the Transaction, including any applicable Platform fees and network costs as disclosed at or before execution. The date and time you initiate an order may differ from the time your Payment Method or Account balance is charged.

15.1.5. By using a card, bank transfer, or other Payment Method to make the Transaction(s), you expressly acknowledge and agree that such Transaction(s) may not carry the same consumer protections, rights of reversal, or dispute resolution mechanisms that apply to purchases of tangible goods or traditional consumer services. Transactions are inherently final, non-reversible once executed, and may not be refundable, except as required by applicable law or network rules.

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. Erroneous credits. In certain cases, due to a technical error, system malfunction, third-party integration fault, or any other internal or external issue (collectively, an “Error”), funds or Digital Assets may be incorrectly credited to your Account. This includes situations where CEX.IO has not actually received the corresponding deposit, transfer, or settlement from the originating institution, network, or payment method. Any such funds or Digital Assets shall be deemed erroneously credited and do not constitute your lawful property, even if you have already withdrawn, transferred, or converted them. You expressly agree and acknowledge that (i) you have no entitlement to retain or use any erroneously credited funds; (ii) you shall, upon becoming aware of such Error or upon request from CEX.IO, promptly return any such funds to CEX.IO and fully cooperate with all recovery efforts; (iii) CEX.IO shall be entitled, without prior notice, to reverse, debit, or withdraw any such erroneously credited funds from the Account, and in the event the balance is insufficient, to debit any other assets, fiat balances, or proceeds held in the Account, including by liquidating digital assets to offset the amount owed; (iv) where the erroneously credited funds have been withdrawn or otherwise disposed of by the User prior to recovery, CEX.IO without prior notice may Freeze, suspend, or restrict access to the Account and initiate recovery of amounts due, including selling any digital assets held in the Account and pursuing all available legal remedies under applicable law, which may include civil litigation or referral to appropriate law-enforcement authorities, to recover such funds. CEX.IO’s rights under this clause shall survive termination of these Terms and shall apply retroactively to any such Error incident occurring at any time.

15.5.1. If you become aware of or reasonably suspect that any funds or Digital Assets have been incorrectly credited to your Account due to an Error, you must promptly notify CEX.IO without undue delay via the communication channels provided on the Platform. Subject to timely notification and full cooperation in the return of such funds or Digital Assets, CEX.IO may, at its sole discretion, issue a goodwill credit, fee waiver, or other Service related benefit. Any such benefit shall be discretionary, non-transferable, and shall not be deemed an obligation, entitlement, or waiver of any rights available to CEX.IO under these Terms or applicable law.

15.6. Payment Disputes, Chargebacks, and Insufficient Funds. You agree not to initiate or pursue any chargeback, payment reversal, or similar dispute with your financial institution or payment service provider for any Authorized Transaction that has been marked by CEX.IO as pending or complete, regardless of the Payment Method used. In the event of any refund request, reversal request, or chargeback related to an Authorized Transaction, you remain liable for the full amount, including fees and associated costs. You authorize CEX.IO to recover such amounts by debiting any linked payment method or offsetting against balances owed to you, subject to applicable law and network rules. If the initially selected Payment Method is unavailable, declined, or returns insufficient funds, you authorize CEX.IO, at its sole discretion, to:

• cancel, suspend, or withhold the relevant Transaction if applicable;
• charge or deduct the amount due from any other Payment Method associated with your Account;
• offset the owed amount by deducting available fiat or Digital Asset balances held in your Account, including through conversion or liquidation of such assets.

15.6.1. You agree to promptly provide any information, documentation, or assistance requested by CEX.IO or its payment service providers in connection with the investigation, resolution, or dispute of any actual or attempted chargeback, payment reversal, or related claim. Your failure to cooperate in a timely and complete manner may be deemed a material breach of these Terms and may result in limitation, suspension, or termination of your Account, as well as the implementation of enforcement measures as described herein.

15.6.2. CEX.IO may impose a holding period of up to seven (7) business days on any Digital Asset that you intend to buy, sell, exchange, or transfer through the Platform. A holding period may be extended, in CEX.IO’s discretion, if additional verification, risk review, or compliance procedures are required. Such holding periods may be applied, at our sole discretion, to allow for the completion of settlement procedures, verification of the transaction, implementation of anti-fraud safeguards, and fulfilment of other regulatory, legal, or compliance obligations.

15.6.3. In the event of a payment failure or reversal, CEX.IO is under no obligation to reinstate the cancelled or affected Transaction at the original price, terms, or execution conditions. You hereby waive any claims or entitlements to compensation, loss recovery, or consequential damages arising out of or related to such cancellation, suspension, or adjustment of a Transaction.

15.6.4. You may not initiate or request a chargeback or reversal based solely on dissatisfaction with the service, slow execution, market volatility, or a misunderstanding of the nature of Digital Assets. Filing an unfounded or fraudulent chargeback may constitute a material breach of these Terms and may lead to account suspension, recovery of costs and fees incurred by CEX.IO in defending or reversing the chargeback, or legal action to enforce our rights. Notwithstanding anything in these Terms, nothing herein limits any rights to dispute unauthorized charges or exercise rights expressly preserved by applicable law. CEX.IO may share information about fraudulent or abusive chargeback activity with card networks, issuing banks, and authorized financial institutions pursuant to applicable law.

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. Orders and executions. By submitting an Order, you authorize CEX.IO to execute the corresponding action on your behalf in accordance with these Terms. You hereby agree that any such Order and/or Transaction shall only be submitted after conducting your own independent assessment, due diligence, and risk evaluation. Once executed, such operation shall be deemed final, binding, and non-reversible. CEX.IO is not obliged to modify, reverse, or reinstate any such operation once processed. CEX.IO reserves the right to decline, suspend, or reject any Order and/or Transaction request for any reason, including but not limited to: suspected fraudulent activity, high market volatility, unusual order size, latency issues, Account review, or operational constraints.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, CEX.IO MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT ANY ORDER, TRANSACTION, INSTRUCTION, OR REQUEST YOU SUBMIT, WITHOUT LIMITATION TO THOSE RELATING TO THE PURCHASE, SALE, EXCHANGE, CONVERSION, OR WITHDRAWAL OF DIGITAL ASSETS, WILL BE EXECUTED, OR EXECUTED AT ANY SPECIFIC TIME. CEX.IO SHALL NOT BE LIABLE FOR ANY DELAYS, FAILURES, PARTIAL EXECUTIONS, OR NON-EXECUTIONS OF ORDERS OR TRANSACTIONS, REGARDLESS OF THE CAUSE, INCLUDING BUT NOT LIMITED TO MARKET CONDITIONS, TECHNICAL CONSTRAINTS, PRICE FLUCTUATIONS, LATENCY, SYSTEM MAINTENANCE, REGULATORY ACTIONS, OR COMPLIANCE-RELATED HOLDS. YOU ACKNOWLEDGE AND ACCEPT THAT ANY EXECUTION IS SUBJECT TO AVAILABILITY, MATCHING CRITERIA, SYSTEM INTEGRITY, AND APPLICABLE LEGAL AND REGULATORY REQUIREMENTS.

15.9. CEX.IO may be required to cancel or withdraw Withdrawal Transactions already executed at the request of financial institutions, including, but not limited to, banks, that participate in the settlement of such Transactions. In such cases, the User undertakes to cooperate with CEX.IO to determine the reasons for such request.

15.10. The minimum deposit amount for each cryptocurrency can be found on the Limits and Commissions page.

15.11. CEX.IO has not supported the old ETH address type since 1 August 2018. The User acknowledges and agrees that deposits sent to the old CEX.IO ETH address type cannot be recovered and that the User could lose the User’s funds.

15.12. CEX.IO reserves the right, but not the obligation, to recover, at the User’s request, the cryptocurrency deposit incorrectly sent to the User’s CEX.IO account in certain situations. The detailed process and all conditions of such recovery, together with the request 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. An Account shall be considered inactive when the User has not accessed the Account by logging in, nor made any Deposit or Transaction, including, but not limited to, conversions, trades, deposits or withdrawals, for a continuous period exceeding one hundred and eighty (180) calendar days. The inactivity period shall begin on the calendar day immediately following the date of the User’s last recorded activity in the Account. Following such determination, the Company may, in its sole discretion, initiate a structured reactivation process, consisting of monthly electronic communications (including push notifications and/or emails) sent to the User’s registered contact information, expressly designed to inform and incentivize reactivation of the Account. The User shall be duly informed that continued inactivity beyond the specified period may result in the Account being classified as inactive, with the possible imposition of Maintenance Fees and its eventual deactivation pursuant to these Terms. All communications shall be deemed validly delivered upon successful sending to the User’s registered email address, without prejudice to any failure by the User to receive such communications due to technical issues or email filtering measures initiated by the User.

16.2. In the event that the User does not perform any authenticated login to the Account, nor carry out any Deposit, Withdrawal, Transaction or any other form of activity in the Account for a continuous period exceeding twelve (12) calendar months, calculated from the calendar day immediately following the User’s last recorded activity in the Account, CEX.IO shall have the right to designate such Account as inactive (an “Inactive Account”). Prior to making such designation, CEX.IO shall provide the User with written notice, sent to the email address registered with the Account, at least thirty-one (31) calendar days in advance, thereby granting the User a reasonable opportunity to avoid such designation by reactivating the Account through an appropriate affirmative action. If the User does not reactivate the Account within the notice period, CEX.IO reserves the unilateral right to impose a non-refundable Maintenance Fee, reasonably incurred in connection with the maintenance, preservation and safeguarding of the Account pursuant to the Terms. In the event the Maintenance Fee fully depletes or reduces the Account balance to zero, CEX.IO shall be entitled to deactivate and/or formally close the Account.

16.3. In the event that more than twenty-four (24) calendar months have elapsed since the last time the User logged into the Account or carried out any of the activities mentioned, CEX.IO shall have the right, in its sole discretion, to designate such Account as deactivated (a “Deactivated Account”). Following the designation of an Account as a Deactivated Account, CEX.IO may transfer the balance of the Account to a segregated account maintained by CEX.IO, specifically designated for the secure custody of inactive Funds. Such transfer shall be carried out to ensure the security and proper segregation of the User’s Funds. Prior to making the designation as inactive and the transfer, CEX.IO shall notify the User in writing, by sending to the email address registered with the Account, at least thirty-one (31) calendar days in advance. If the User does not reactivate the Account or take any other measure to avoid the designation as inactive within the notice period, CEX.IO shall proceed with the transfer of the Account balance to the segregated account and deactivate the Account.

16.4. For Inactive Account(s) and Deactivated Account(s), CEX.IO shall charge a monthly Maintenance Fee for the storage and custody of funds. The fee for individual users shall be the greater of 0.3% of the outstanding Account balance or USD 30 per month (or its equivalent in any other fiat currency or Cryptocurrency). For corporate users, the Maintenance Fee shall be the greater of 0.5% of the outstanding Account balance or USD 100 per month (or its equivalent in any other fiat currency or Cryptocurrency). These fees shall be automatically deducted from the User’s Account balance each month. If the Account balance is fully depleted or if the Account is deactivated or closed, Maintenance Fees shall no longer be charged. CEX.IO reserves the right to adjust these fees in the future, upon notice to the User in accordance with these Terms.

16.5. Following deactivation, the Account shall no longer be accessible for any transaction and any remaining balance shall be held in the segregated account. The User may request the return of the Funds from the Deactivated Account, subject to applicable fees or charges, if any. To reactivate an inactive or deactivated Account, the User must submit a request from an authorized email address through CEX.IO Support. CEX.IO reserves the right to request updated “Know Your Customer” (KYC) documentation, including proof of identity, proof of address, a recent photograph and a bank statement. Reactivation of the Account is free of charge for the User. CEX.IO reserves the right to reject the reactivation request if the User does not provide the required documentation or does not meet the applicable compliance requirements.

16.6. Deactivation of the Account does not automatically entail the deletion of the User’s personal data. CEX.IO may retain personal data for legal, regulatory or compliance reasons, even after deactivation of the Account. For more information on CEX.IO’s data retention practices, please refer to the Privacy Policy.

16.7. CEX.IO reserves the right to subsequently apply the Maintenance Fee to the User’s Funds transferred to CEX.IO’s special segregated account, reducing the safeguarded balances held. If a Deactivated Account has a zero balance due to the Maintenance Fees applied, it may be formally closed. If the User has Funds within CEX.IO’s special segregated account, such Funds will be transferred back to the Account once it has been reactivated.

16.8. In the event that CEX.IO ceases to support a particular Cryptocurrency, the User may be charged a non-refundable Storage Fee for the storage of such Cryptocurrency until the remaining asset is claimed by the User or the Account balance is reduced to zero. CEX.IO shall notify the User in writing of its intention to cease supporting the relevant Cryptocurrency, by sending an email to the address registered with the Account. Such notice shall be sent at least seven (7) calendar days in advance of the termination of support. The Storage Fee, if applicable, shall be calculated and applied in accordance with the current fee rate set by CEX.IO, and shall be non-refundable. The User shall be responsible for recovering the User’s assets before termination of support or depletion of the Account balance.

16.9. In the event that CEX.IO is unable to continue supporting a particular Cryptocurrency due to changes in applicable laws or regulatory requirements, CEX.IO reserves the right to convert the User’s Funds from such Cryptocurrency into another accessible Cryptocurrency or into a fiat currency, at CEX.IO’s sole discretion. The User agrees that, if such conversion is necessary, the User’s Funds will be automatically converted into an appropriate alternative as determined by CEX.IO. CEX.IO shall notify the User in writing in advance by email to the address registered with the Account, informing the User about the planned conversion. In such cases, CEX.IO shall apply the prevailing market rate for the conversion and the User agrees to bear the costs or fees associated with such conversion. The User further agrees that CEX.IO shall not be liable for any loss of value or adverse effects arising from the conversion process. If the User wishes to recover the User’s original Cryptocurrency prior to conversion, the User must do so within the notice period. Following the expiration of the notice period, CEX.IO shall proceed with the conversion and the User may not claim the original Cryptocurrency.

16.10. CEX.IO’s prior notice obligation, as specified in these Terms, shall be deemed satisfied from the moment the notice is sent by email to the User’s registered address. CEX.IO shall not assume any liability if the User does not receive such notice due to the User having unsubscribed from CEX.IO’s newsletter, marked CEX.IO emails as “spam” or taken any other action that prevents delivery of such emails. It is the User’s responsibility to keep the User’s contact preferences up to date and to ensure that CEX.IO emails are not blocked, redirected or otherwise not delivered.

16.11. CEX.IO may deduct the Storage Fee from any balance held in the Account.

16.12. CEX.IO reserves the right to amend the Maintenance Fee and/or the Storage Fee, as well as the method by which such fees are charged. In the event of any change, CEX.IO shall notify the User in writing of its intention to amend the Storage Fee or the manner in which it is applied. Such notice shall be sent by email to the User’s registered address at least seven (7) calendar days in advance of the effective date of the changes. The User’s continued use of the Platform following the effective date of such changes shall be deemed acceptance of the updated fees.

17. DOUBLE SPENDING

17.1. Should a User be credited an amount exceeding the 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. The User agrees that CEX.IO has a right to unilaterally withdraw any 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 freeze the User’s Account and/or to disable withdrawals from the User’s CEX.IO Account.

17.3. If the User Account’s balance is insufficient to cover the debt, the User is obligated to replenish the Account with the excess amount. Should the User fail to do so within five (5) calendar days, CEX.IO reserves the right to unilaterally sell the User’s Funds in the Account in a proportional amount by the market order at any time thereafter and use the proceeds to offset the debt owed to CEX.IO. The commission will be deducted from the User's balance.

17.4. CEX.IO has a right to claim the full cover of the exceeding amount using all available legal options.

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. DELISTING OF CRYPTOCURRENCIES FROM CEX.IO PLATFORM 

19.1. CEX.IO reserves the right to delist any Cryptocurrency for any reason, including but not limited to, low liquidity or blockchain issues.

19.2. CEX.IO will notify Users of any upcoming delisting with a minimum of thirty (30) days' prior written notice. The User is obligated to exchange, if such a possibility is preserved, or withdraw the Сryptocurrency that will be delisted to an external wallet within thirty (30) calendar days of such notice.

19.3. Upon expiration of the thirty (30) calendar day notice period, if the amount of the delisted Cryptocurrency falls below the minimum withdrawal amount, CEX.IO will write off the remaining balance in the delisted Cryptocurrency on the User’s Account. The User may refer to the Limits and Commissions webpage for details on the minimum withdrawal amounts for each Cryptocurrency.

19.4. Additionally, subject to applicable law, following the expiry of the thirty (30) calendar day notice period, and if the User has not withdrawn the delisted Cryptocurrency by the delisting date, CEX.IO reserves the right to convert the User’s remaining balance of the delisted Cryptocurrency into other Crypto Asset as CEX.IO may reasonably designate, provided that such asset is supported on the Platform and lawfully available to the User in the User’s jurisdiction at the time of conversion. The conversion rate will be the arithmetic average of the relevant market rate for the delisted Cryptocurrency over the five (5) calendar days immediately preceding the delisting date, as reasonably determined by CEX.IO. Where CEX.IO determines, acting reasonably and in good faith, that such rate is not representative due to material market disruption, abnormal volatility, or insufficient liquidity, CEX.IO may apply a reasonable alternative methodology designed to achieve a  market rate. Any conversion will be subject to a conversion commission, which may vary depending on the Cryptocurrency, and any applicable network or third party fees, and will be deducted from the converted amount unless CEX.IO states otherwise in the notice.

19.5. The User acknowledges and warrants that the User fully understands and accepts that, in the event that CEX.IO is unable, for any reason, including, but not limited to, low liquidity, to convert a delisted cryptocurrency, CEX.IO shall have the exclusive and irrevocable right to cancel all remaining balances of such delisted cryptocurrency held in the User’s Account and to cease supporting the corresponding blockchain.

19.6. Upon announcing the delisting of the Cryptocurrency, CEX.IO reserves the right to suspend all related services, including but not limited to, deposits, trading, and conversions. However, CEX.IO will maintain the ability for Users to withdraw the Cryptocurrency that will be delisted recently.

19.7. The thirty (30) days term for withdrawal of the Cryptocurrency that will be delisted will not be available in case of a force-major, namely an event beyond CEX.IO control, including, but not limited to the Cryptocurrency’s non-working blockchain or wallet, due to which CEX.IO will be unable to conduct any transactions.

19.8. The User acknowledges and agrees that failure to withdraw the delisted Cryptocurrency within the specified thirty (30) day period before its delisting will result in the User losing access to those funds.

19.9. CEX.IO reserves the right to cease any trading pair without prior notice to the Users.

19.10. In some cases that may potentially bring losses to CEX.IO and/or the Users, or in case of any force major, or in the event that CEX.IO receives an order from a relevant government authority and/or Cryptocurrency Delisting is part of a legal or regulatory action CEX.IO is entitled under its sole discretion to delist any Cryptocurrency from the Platform immediately.

19.11. 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.

20. FORKS OF SUPPORTED CRYPTOCURRENCY

20.1. 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.

20.2. 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.

21. STAKING

21.1. 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.

21.2. 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.

21.3. CEX.IO acts as a node operator or validator on the PoS blockchain networks, which allow the holders of applicable Cryptocurrency to become delegators. When delegating, participant stakes Cryptocurrency and delegates the voting powers attributable to such a staked Cryptocurrency 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.

21.4. Non-custodial Staking requires delegating to CEX.IO validation nodes a certain amount of certain Cryptocurrency. Such delegation shall not involve the transfer of any Cryptocurrency from the delegator to CEX.IO or vice versa, and any delegated Cryptocurrency shall at all times remain the property of, and under the control of a delegator. The delegator can unstake his Cryptocurrency 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 Cryptocurrency 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 Cryptocurrency of the delegators and will not be able to recover these Cryptocurrency in case of theft or loss.

21.5. 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.

21.6. 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.

21.7. 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.

21.8. 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.

21.9. 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.

21.10. 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.

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

22. CEX.IO PAY SERVICE

22.1. Subject to your compliance with these Terms and your satisfaction of all applicable eligibility criteria, CEX.IO may allow the User to send or receive certain Digital Assets to or from other eligible CEX.IO Account holders on the Platform through the service referred to as the “CEX.IO Pay Service”, intended for personal use.

22.2. Your use of the CEX.IO Pay Service is strictly conditioned upon (i) your compliance with all eligibility requirements set out in these Terms and (ii) compliance with all applicable laws and regulations in your jurisdiction of residence. The CEX.IO Pay Service is made available to you solely for personal and non-commercial use, and may not be used to send or receive Digital Assets to or from third parties, unless expressly permitted by CEX.IO. You are solely responsible for selecting the recipient of any transfer and for verifying the authenticity, accuracy, and suitability of such recipient. CEX.IO does not select, endorse, or assume any responsibility for the identity, legitimacy, or suitability of any recipient designated by you. Any eligibility verification performed by CEX.IO, including validation of an active Account, jurisdictional support, and the recipient’s verification status, is technical and administrative in nature and does not constitute an endorsement or acceptance of the recipient, nor does it relieve you of your full responsibility for any loss, error, or unauthorized transfer resulting from the recipient you choose.

22.3. CEX.IO expressly reserves the right, in its sole discretion, to establish additional eligibility criteria or restrictions governing your access to or use of the CEX.IO Pay Service. In addition, the availability of the CEX.IO Pay Service is strictly limited to the jurisdictions in which CEX.IO is authorized to provide such services. CEX.IO reserves the right to restrict, suspend, or disable access to the CEX.IO Pay Service, in its sole discretion, in order to maintain compliance with licensing requirements and regulatory obligations.

22.4. Before initiating any Digital Asset transfer through the CEX.IO Pay Service, you may be required to complete and satisfactorily comply with any and all compliance, verification, and due diligence procedures that CEX.IO deems necessary. Failure to satisfy such compliance requirements to CEX.IO’s satisfaction may result in the suspension, delay, or denial of the requested transfer or of your access to the CEX.IO Pay Service.

22.5. To initiate a Digital Asset transfer via the CEX.IO Pay Service (each, a “CEX.IO Pay”), you, as sender, must submit to CEX.IO explicit instructions specifying (i) the type and amount of Digital Assets held in your Account that you wish to transfer, and (ii) the designated recipient for such transfer (the “CEX.IO Pay Instructions”). By providing the CEX.IO Pay Instructions and confirming the transaction, you authorize CEX.IO to execute the transfer of the specified Digital Assets to the recipient you select. You may only initiate a CEX.IO Pay to a user who has a CEX.IO Account and who meets the eligibility criteria to access and use the CEX.IO Pay Service. CEX.IO will perform an automatic eligibility verification prior to executing the transfer and, in the event that the designated recipient does not meet the necessary criteria (e.g., residing in a supported jurisdiction or having completed the required verification procedures), CEX.IO will notify you at the time you initiate the transaction and prevent the submission of the CEX.IO Pay Instructions. You may not proceed with the transaction unless such eligibility conditions are met.

22.6. You represent and warrant that your CEX.IO Account holds sufficient Digital Assets to cover the total amount of the transfer at the time you submit the CEX.IO Pay Instructions. If the available Digital Asset balance in your Account is insufficient to complete the requested CEX.IO Pay, you may choose to use other Digital Assets in your Account to conduct an operation under the Instant Buy/Sell service in order to obtain the amount and type of Digital Assets required for the transfer. Such transactions will be subject to the fees and terms applicable to the Instant Buy/Sell service set out in these Terms.

22.7. You may initiate a Digital Asset transfer to a recipient only if such Digital Assets are supported and authorized for transfer within the jurisdiction applicable to the recipient. CEX.IO reserves the exclusive right, in its sole discretion and without prior notice, to add, restrict, suspend, or remove any Digital Asset from the list of assets eligible for transfer via the CEX.IO Pay Service in any jurisdiction. Prior to executing any CEX.IO Pay, CEX.IO will verify and validate the recipient’s eligibility to receive such transfer. Transfers will be prohibited if the recipient’s CEX.IO Account does not meet the eligibility requirements set by CEX.IO in these Terms, applicable laws and regulations.

22.8. Your access to and use of the CEX.IO Pay Service are subject to transaction limits, which may include, but are not limited to, restrictions on the amount and frequency of CEX.IO Pays that you may initiate in any given period. CEX.IO reserves the right to modify, adjust, or impose such transaction limits at any time, in its sole discretion and in accordance with applicable law.

22.9. You acknowledge and agree that upon submission of the CEX.IO Pay Instructions and confirmation of the transaction, CEX.IO will promptly commence processing the transfer. Consequently, the designated Digital Assets may be debited from your CEX.IO Account immediately upon your confirmation. Title and ownership of the Digital Assets transferred through the CEX.IO Pay Service shall pass to the recipient immediately upon successful completion of the transfer.

22.10. You are solely responsible for verifying the accuracy and completeness of all transaction information before submitting the CEX.IO Pay Instructions, as transfers processed through the CEX.IO Pay Service are final and may not be cancelled or reversed, except as determined by CEX.IO in its sole discretion and only if it has the technical capability to perform such cancellation or reversal. You acknowledge and agree that you will bear full responsibility for any inaccuracy or error in the CEX.IO Pay Instructions submitted, and that such errors may result in the irreversible loss of your Digital Assets.

22.11. CEX.IO Payments that you initiate may be reflected as having a “Pending” status in your CEX.IO Account (each a “Pending CEX.IO Payment”). Such Pending CEX.IO Payments may remain in this status for a variable period, depending on factors beyond CEX.IO’s control. Pending CEX.IO Payments will either be ultimately rejected or successfully completed as CEX.IO Payments.

22.12. CEX.IO Payments may fail due to circumstances beyond CEX.IO’s control. In the event that a CEX.IO Payment fails, you will be promptly notified of such failure. You may reinitiate the transfer by submitting new CEX.IO Pay Instructions in accordance with the procedures set forth in these Terms.

22.13. All completed CEX.IO Payments are final and, except as expressly provided herein, are not subject to reversal or cancellation. CEX.IO reserves the sole and absolute discretion to accept or refuse any cancellation request. Acceptance of any cancellation request shall not create any obligation or precedent to cancel future CEX.IO Payments under the same or similar circumstances. CEX.IO reserves the right to cancel or refuse to process any Pending CEX.IO Payments as required by applicable law, regulation, court order, or directive of any governmental or regulatory authority to which CEX.IO is subject in any applicable jurisdiction.

22.14. Fees. There are no fees charged by CEX.IO for the use of the CEX.IO Pay Service, unless expressly stated otherwise in the Terms or communicated to the User with reasonable prior notice.

22.15. By using the CEX.IO Pay Service, you acknowledge and agree that, for the purpose of facilitating Digital Asset transfers and ensuring accurate identification of transaction counterparties, certain limited identifying information will be disclosed to the recipient of each CEX.IO Pay transaction. Specifically, the recipient will be able to view: (i) your registered first name, (ii) the first letter of your last name, and (iii) your unique CEX.IO user identification number assigned to your CEX.IO Account. CEX.IO does not authorize recipients to use or process this information for any purpose other than the intended transaction. For additional information on how CEX.IO collects, uses, and protects your personal data, please refer to our Privacy Policy.

23. CEX.IO INSTANT BUY / SELL

23.1. 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.

23.2. The CEX.IO Instant Sell allows users to sell Cryptocurrency in a single-click transaction, subject to our current fees. The Cryptocurrency available for Instant Sell is made available by CEX.IO at its sole discretion.

23.3. All pricing or performance data related to the Instant Buy / Sell is for informational purposes only. The Instant Buy / Sell is not an offer to purchase or sell any single security, investment, or financial instrument. The Instant Buy / Sell 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.

24. TRANSACTION FEE

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

24.2. 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.

24.3. 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.

24.4. 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.

24.5. 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.

24.6. 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.

24.7. 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.

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

24.9. 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.

24.10. 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.

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

25.1. 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. 

25.2. Specific conditions (requirements) fulfilment 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 fulfilment 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. 

25.3. 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.

25.4. The Trading Fee Balance may be granted by CEX.IO and made available within the CEX.IO Spot Trading product as a trading fee discount of a specified value denominated in Cryptocurrency as CEX.IO may designate. The Trading Fee Balance, if granted, is recorded and displayed in the User’s Account as a separate, non-withdrawable balance that is distinct from the User’s ordinary Spot Trading available balance and may be used solely for the limited purpose of offsetting eligible Spot Trading fees.

25.5. 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.

25.6. 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.

25.7. 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.

25.8. 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.

25.9. Where the User holds an amount of such Cryptocurrency in the Trading Fee Balance and the trading fee for an order is assessed in the second currency of the selected trading pair (e.g., for the ETH/BTC trading pair the fee is calculated in BTC), CEX.IO will apply the Trading Fee Balance by converting, for settlement purposes only, an amount of the Trading Fee Balance equivalent to the fee amount Y into the fee currency at the then-current applicable spot market rate on CEX.IO or such other rate source as CEX.IO specifies for fee calculations. The User acknowledges that such spot market rate may be volatile and may differ from rates available on other venues. The corresponding equivalent amount will then be deducted from the User’s Trading Fee Balance and applied first toward satisfaction of the applicable trading fee, with any remaining unpaid portion, if the Trading Fee Balance is insufficient, being charged to the User’s ordinary Spot Trading available balance in accordance with these Terms.

25.10. 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.

25.11. 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.

25.12. 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.

25.13. 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.

25.14. 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 behaviours. 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.

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

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

25.17. 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. 

25.18. THE TERMS AND CONDITIONS OF THIS SECTION DO NOT APPLY TO USERS FROM THE UK.

26. ONE-CLICK TRANSACTION AGREEMENT

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

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

26.3. You certify that you are an authorised 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.

26.4. 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.

26.5. 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.

26.6. 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.

26.7. 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 unauthorised violation.

26.8. 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.

26.9. 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 the Site using email: finance@cex.io.

26.10. 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.

26.11. 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.

26.12. 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.

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

26.14. 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.

27. ROUNDING POLICY

27.1. 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.

27.2. 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.

28. ILLEGAL TRANSACTIONS

28.1. 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.

28.2. 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.

28.3. 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.

29. TERMINATION OF THE TERMS OF USE

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

29.2. 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 unauthorised 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.

29.3. 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.

29.4. 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.

29.5. 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.

30. SERVICES AVAILABILITY

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

30.2. 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.

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

31. API, WIDGETS, AND MOBILE APPLICATIONS

31.1. 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.

31.2. 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.

31.3. 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.

32. PROMOTIONS

32.1. CEX.IO may offer, from time to time, marketing and incentive programmes under which eligible users may receive promotional bonuses, rewards, fee rebates or similar (collectively, the “Promotions”). Such Promotions are ancillary to the Services and do not alter the nature or scope of the Services described in these Terms of Use. The detailed terms, conditions and mechanics of any Promotions are governed by separate terms and by the Promotions and Reward Center Terms as published by CEX.IO from time to time, which apply in addition to these Terms of Use. Before participating in any Promotion, you must carefully review and understand the applicable Promotion Terms made available by CEX.IO for that Promotion, including eligibility and verification requirements, qualification criteria, limitations and exclusions, valuation and use restrictions including any expiry, fees and charges and any potential tax consequences, material risks including crypto-asset price volatility and the irreversible nature of crypto-asset transactions where relevant, and any additional privacy notices or disclosures that apply to the Promotion. By participating in any future Promotions, you agree to abide by the corresponding terms of use provided at the time of the promotion.

33. FINANCIAL OR LEGAL ADVICE

33.1. 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.

34. TAXATION

34.1. 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.

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

35. NOTICES AND COMMUNICATION

35.1. 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.

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

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

36. GOVERNING LAW AND DISPUTE RESOLUTION

36.1. These Terms of Use shall be governed by and construed in accordance with the laws of Spain, 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 Spain 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.

37. LIMITATION OF LIABILITY

37.1. 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.

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

38. INDEMNITY

38.1. 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.

39. MODIFICATIONS AND AMENDMENTS

39.1. 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.

40. FORCE MAJEURE

40.1. 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.

41. LINKS TO THIRD-PARTY WEBSITES

41.1. 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.

42. SEVERABILITY

42.1. 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.

43. NO SOLICITATION

43.1. 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.

43.2. 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.

44. CHANGE OF CONTROL

44.1. 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.

45. NON-WAIVER OF RIGHTS

45.1. 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.

46. ENTIRE AGREEMENT

46.1. The User unequivocally agrees and understands that these Terms of Use collectively memorialise 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.

47. LANGUAGE

47.1. CEX.IO makes these Terms of Use available to users in Spanish and may also make translations available in other languages for convenience and accessibility. All user-facing contractual information and communications will be provided in a manner that is fair, clear and not misleading. Where a translated version is provided, the Spanish version constitutes the governing version for users contracting with CEX.IO Europe S.L. in Spain and shall prevail in the event of any inconsistency, discrepancy, or interpretative conflict between language versions. Translations are provided for informational purposes only and do not modify the meaning of the Spanish version.

48. CONTACT US

48.1. 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.

48.2. 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.

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

GENERAL RISK DISCLOSURE

This General Risk Disclosure (“Disclosure”) is provided by CEX.IO Europe, S.L. (“CEX.IO”, “we”, or “us”) to inform you (“you” or “User”) of certain material risks associated with the use of our Services, as well as the purchase, sale or exchange of Digital Assets in general. By accessing or using the Platform, you acknowledge that you have read, understood, and accepted the following risks.

Before engaging in Digital Asset transactions, we encourage you to familiarize yourself with the nature and risks of such assets. Educational resources are available at the Support Center or CEX.IO University.

DIGITAL ASSETS ARE SUSCEPTIBLE TO FRAUD, CYBERSECURITY THREATS, AND IRREVERSIBLE LOSS. By using the Platform, you expressly acknowledge, understand, and accept the following risks:

Risk of fraud

By engaging in transactions involving Digital Assets through the Platform, you acknowledge and understand that the nature of Digital Assets may expose you to an increased risk of fraud and deceptive practices.

Fraudulent schemes may include, without limitation, impersonation of legitimate businesses, investment scams, romance scams, social-engineering attacks, phishing, or misuse of compromised accounts.

Because Digital Assets are transferred on decentralized networks and transactions are final once executed, it may be impossible to stop, reverse or recover assets transferred as a result of fraud or unauthorized activity.

Users are solely responsible for verifying the authenticity of communications, websites, and counterparties before authorizing any transaction. The Platform does not offer recovery or replacement of Digital Assets or fiat currency if you lose funds because of fraud or scams.

Cybersecurity threats

You acknowledge that Digital Assets and related services may be subject to attacks by hackers, malware, phishing attempts, credential compromise, or other unauthorized access attempts targeting blockchain networks, accounts, wallets, private keys, APIs, or third-party vendors. Due to the decentralized, digital, and pseudonymous nature of Digital Assets, malicious actors may attempt to gain unauthorized access to your account, private keys, or login credentials to steal your assets. These risks may result in the permanent and irrecoverable loss of Digital Assets.

Irretrievable loss of Digital Assets

Digital Asset transfers are generally irreversible by design. Once executed and recorded on a blockchain, a transaction may not be canceled, reversed, or modified. This applies in cases of mistaken, unauthorized, or fraudulent transfers. You acknowledge that immutability and finality of blockchain transactions may lead to the permanent loss of funds if incorrect transfer instructions are provided or your account is compromised. CEX.IO shall not be liable for such losses, except to the extent explicitly required by applicable law.

Technological failures and Platform outages

You acknowledge that the Platform, including any affiliated wallet infrastructure, blockchain networks, or access portals, may be affected by technical disruptions, outages, or system errors that impair your ability to access, control, or use your Digital Assets. These events may occur with or without notice and may result in delays, failed transactions, or temporary inability to transact.

The Platform does not assume liability for losses, missed opportunities, or damages arising from any such disruptions, except to the extent required by applicable law.

Price volatility risk

You acknowledge that Digital Assets are volatile and may experience rapid and substantial price changes, including sharp increases or decreases over short periods. You may lose some or all of the value of your assets. You should only transact after evaluating whether such volatility or a Digital Asset is appropriate for your financial situation and risk tolerance.

Liquidity, delisting, and network congestion risk

You acknowledge that market liquidity for Digital Assets can be limited or deteriorate quickly. Trading halts, delistings, order-book illiquidity, protocol outages or upgrades, or blockchain congestion and fee spikes may delay, restrict, or prevent your ability to buy, sell, convert, transfer, or withdraw Digital Assets. In some cases, such actions may occur without prior notice to comply with law, address security or operational concerns, or as otherwise permitted under the Terms. Transfers may be irrevocable, and delays or unavailability may result in financial loss.

No insurance

You acknowledge that Digital Assets held or transacted through the Platform are not insured or guaranteed by any governmental agency, nor are they covered by any private insurance against theft, loss, or unauthorized access.

Regulatory risk

The legal and regulatory treatment of Digital Assets is evolving. Laws, regulations, policies, and enforcement approaches may change or be newly introduced at the state or international level. You acknowledge that these changes may adversely affect the legality, availability, or use of our services or specific Digital Asset(s), and regulatory developments may impact your ability to buy, sell, transfer, or hold Digital Asset(s).

User responsibility

You acknowledge that you are solely responsible for maintaining the security and confidentiality of your login credentials, two-factor authentication, and wallet information. You agree to promptly notify CEX.IO of any suspected unauthorized, mistaken, or accidental transactions. To the fullest extent permitted by law, any delay or failure to notify may materially limit CEX.IO’s ability to assist you, in your efforts, including, without limitation, to locate, freeze, or attempt to recover assets or otherwise taking remedial steps, and may prejudice or adversely affect any rights you may have to dispute the Transaction.

You further acknowledge that you are solely responsible for determining, reporting, and paying all taxes that may arise from your use of the Services or any Transaction. CEX.IO does not provide tax advice and does not calculate, withhold, or remit taxes on your behalf unless explicitly required by law.

Fees structure

CEX.IO generates substantially all of its revenue from transaction fees charged in connection with the purchase, sale, exchange, or other disposition of Digital Assets and related services provided to users via the Platform. These transaction fees may be assessed as either (i) a fixed amount per transaction or (ii) a percentage of the transaction value, depending on the type of transaction, asset class, market conditions, and service level. The applicable fees are described and available at Limits and Commissions. You acknowledge that Fees are generally applied at the time of transaction execution and are deducted automatically from your available balance in the relevant currency or Digital Asset, unless expressly stated otherwise.

BY ACCESSING OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND ACCEPTED THE ABOVE RISKS. YOU AGREE THAT CEX.IO SHALL NOT BE LIABLE FOR ANY LOSSES ARISING OUT OF OR IN CONNECTION WITH FRAUD, CYBERSECURITY BREACHES, TECHNICAL FAILURES, OR THE IRREVERSIBLE NATURE OF DIGITAL ASSET TRANSACTIONS, EXCEPT WHERE EXPRESSLY REQUIRED BY LAW.

Last update: 30 June 2026

GENERAL RISK DISCLOSURE. NO ADVICE. USER RESPONSIBILITY.

This General Risk Disclosure, No Advice and User Responsibility Notice (the “Disclosure”) is provided by CEX.IO Markets UK LTD (“CEX.IO”, “we”, “us” or “our”) to inform you (“you” or the “User”) of certain material risks associated with Digital Assets and the use of the Platform and the Services. This Disclosure forms an integral part of the Terms and is incorporated into the Terms by reference.

Before opening an Account, accessing or using the Platform, using any Service or entering into any Transaction, you must carefully read and understand this Disclosure and the Terms. By accessing or using the Platform or any Service, you acknowledge that you have read, understood and accepted this Disclosure and that you are able to bear the economic, technological, legal, regulatory, tax and operational risks associated with Digital Assets and the Services, including the risk of partial or total loss. If you do not understand the nature of any Digital Asset, Service, Transaction or associated risk, you must not proceed.

Regulatory Status and Consumer Protection Notice. CEX.IO Markets UK LTD is registered with the Financial Conduct Authority as a cryptoasset business under the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 for anti-money laundering, counter-terrorist financing and transfer-of-funds compliance purposes. Such registration does not constitute an approval, recommendation or endorsement by the Financial Conduct Authority of CEX.IO, the Platform, the Services or any Digital Asset.

The User acknowledges and agrees that the cryptoasset services carried on by CEX.IO Markets UK LTD under these Terms are not within the scope of the jurisdiction of the Financial Ombudsman Service and are not subject to protection under the Financial Services Compensation Scheme, except to the extent expressly required by Applicable Law. This means that, in relation to such cryptoasset services, the User may not be able to refer a complaint to the Financial Ombudsman Service and may not be entitled to claim compensation from the Financial Services Compensation Scheme if something goes wrong, including if CEX.IO is unable to meet its obligations.

Nothing in these Terms shall be construed as conferring any complaint right, ombudsman right or compensation-scheme right except to the extent such right is expressly available under Applicable Law.

Digital Assets are high-risk and highly volatile. The value of Digital Assets may rise or fall significantly, and you may lose all or a substantial part of the value of your Digital Assets. Digital Asset transactions may be irreversible and may be affected by fraud, cyber incidents, technical failures, market disruption, liquidity constraints, delisting, network congestion, forks, protocol events, regulatory changes and other events outside CEX.IO’s control. Digital Assets and related Services may not be protected by any compensation scheme, insurance arrangement or other loss-protection mechanism.

The Services are provided on an execution-only basis. Unless expressly stated otherwise by CEX.IO in writing and to the extent required by applicable law, CEX.IO does not provide investment advice, financial advice, legal advice, tax advice, personal recommendations or any other form of regulated or professional advice. Nothing on the Platform, in the Terms, in this Disclosure, in any market data, chart, research material, educational content, product description, asset summary, staking information, communication, notification or other material made available by CEX.IO shall be treated as advice, a recommendation, a personal recommendation, an endorsement, an invitation or a solicitation to buy, sell, hold, stake, transfer, convert or otherwise transact in any Digital Asset or to use any particular Service.

CEX.IO does not assess, and shall not be deemed to assess, the merits, suitability or appropriateness of any Transaction, Digital Asset or Service for you, except to the extent required by applicable law. You are solely responsible for deciding whether any Digital Asset, Transaction or Service is appropriate for you, taking into account your financial situation, risk tolerance, knowledge, experience, objectives and legal, regulatory and tax circumstances. You should conduct your own due diligence and seek independent professional advice where appropriate.

Your use of the Platform and the Services may be subject to onboarding controls, appropriateness assessments, risk warnings, customer categorisation, cooling-off mechanisms, transfer-of-funds information requirements and other compliance measures which CEX.IO may apply from time to time in order to satisfy applicable legal and regulatory obligations.

Digital Assets are susceptible to fraud, cybersecurity threats and irreversible loss. By using the Platform or any Service, you expressly acknowledge, understand and accept the following risks.

Risk of fraud. By engaging in Transactions involving Digital Assets through the Platform, you acknowledge and understand that the nature of Digital Assets may expose you to an increased risk of fraud and deceptive practices. Fraudulent schemes may include, without limitation, impersonation of legitimate businesses, investment scams, romance scams, social-engineering attacks, phishing or misuse of compromised accounts. Because Digital Assets are transferred on decentralised networks and Transactions may be final once executed, it may be impossible to stop, reverse or recover assets transferred as a result of fraud, mistake or unauthorised activity. You are solely responsible for verifying the authenticity of communications, websites, instructions, recipients and counterparties before authorising any Transaction.

Cybersecurity threats. Digital Assets and related services may be subject to attacks by hackers, malware, phishing attempts, credential compromise or other unauthorised access attempts targeting blockchain networks, accounts, wallets, private keys, APIs, third-party vendors or other infrastructure. Due to the digital and pseudonymous nature of Digital Assets, malicious actors may attempt to gain unauthorised access to your Account, login credentials, Security Credentials, API keys, wallet information or devices to steal your assets. These risks may result in the permanent and irrecoverable loss of Digital Assets.

Irretrievable loss of Digital Assets. Digital Asset transfers are generally irreversible by design. Once executed, broadcast, settled or recorded on a blockchain, a Transaction may not be capable of cancellation, reversal or modification. This applies in cases of mistaken, unauthorised or fraudulent transfers. You acknowledge that immutability and finality of blockchain transactions may lead to the permanent loss of funds if incorrect Transaction Details are provided or if your Account, device, wallet, credentials or other access method is compromised.

Technological failures and Platform outages. The Platform, the Services, wallet infrastructure, blockchain networks, APIs, access portals and related systems may be affected by technical disruptions, outages, congestion, cyber incidents, system errors, maintenance, third-party failures or other events that impair your ability to access, control, use, buy, sell, convert, transfer, stake, withdraw or otherwise deal with Digital Assets. These events may occur with or without notice and may result in delays, failed Transactions, missed opportunities or temporary or permanent inability to transact.

Price volatility risk. Digital Assets are volatile and may experience rapid and substantial price changes, including sharp increases or decreases over short periods. You may lose some or all of the value of your Digital Assets. You should only transact after evaluating whether the relevant Digital Asset, Transaction or Service is appropriate for your financial situation and risk tolerance.

Liquidity, delisting and network congestion risk. Market liquidity for Digital Assets may be limited or deteriorate quickly. Trading halts, delistings, order-book illiquidity, protocol outages or upgrades, blockchain congestion, fee spikes, forks, protocol events or other market or network conditions may delay, restrict or prevent your ability to buy, sell, convert, transfer, stake or withdraw Digital Assets. In some cases, such actions may occur without prior notice in order to comply with law, address security or operational concerns, or as otherwise permitted under the Terms. Delays, restrictions or unavailability may result in financial loss.

Regulatory risk. The legal and regulatory treatment of Digital Assets is evolving. Laws, regulations, policies, guidance and enforcement approaches may change or be newly introduced in the United Kingdom or any other relevant jurisdiction. Such changes may adversely affect the legality, availability, transferability, value or use of the Services or any specific Digital Asset, and may impact your ability to buy, sell, transfer, convert, stake, withdraw or hold Digital Assets.

No insurance or loss protection. Digital Assets held or transacted through the Platform may not be insured, guaranteed or protected by any governmental agency, compensation scheme, private insurance arrangement or other loss-protection mechanism against theft, loss, unauthorised access, fraud, cyber incident, market loss, technical failure or other loss event.

User responsibility. You are solely responsible for maintaining the security and confidentiality of your login credentials, Security Credentials, two-factor authentication, wallet information, devices, API keys and other access methods. You must promptly notify CEX.IO of any suspected unauthorised, mistaken, accidental, suspicious or erroneous Transaction or Account activity. To the fullest extent permitted by applicable law, any delay or failure to notify CEX.IO may materially limit CEX.IO’s ability to assist with locating, freezing, recovering or otherwise taking remedial steps in relation to assets or Transactions, and may prejudice or adversely affect any rights you may have to dispute the relevant Transaction.

Tax responsibility. You are solely responsible for determining, reporting and paying all taxes, duties, levies, charges, withholdings and similar fiscal liabilities that may arise from your access to or use of the Platform, the Services, any Digital Asset or any Transaction. CEX.IO does not provide tax advice and does not calculate, withhold or remit taxes on your behalf unless expressly required by applicable law.

Fees and charges. CEX.IO may charge fees, commissions, spreads, network fees, processing fees, withdrawal fees, third-party charges and other amounts in connection with the purchase, sale, exchange, conversion, transfer, withdrawal or other use of Digital Assets and related Services. Such fees and charges may be assessed as a fixed amount, a percentage of the Transaction value, a spread or otherwise, depending on the type of Transaction, Digital Asset, market conditions, Service, payment method or other applicable factor. Applicable fees and charges are described in the Terms, the applicable fee schedule, the Limits and Commissions page or the relevant transaction flow. You acknowledge that fees and charges may be applied at the time of Transaction execution and may be deducted automatically from your available balance in the relevant Fiat Currency or Digital Asset, unless expressly stated otherwise.

No fiduciary duty, advisory duty, trustee duty, portfolio-management duty or similar duty arises between CEX.IO and the User by reason only of the User’s access to the Platform or use of the Services.

BY ACCESSING OR USING THE PLATFORM OR ANY SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND ACCEPTED THIS DISCLOSURE AND THE RISKS DESCRIBED HEREIN. YOU AGREE THAT CEX.IO SHALL NOT BE LIABLE FOR ANY LOSSES ARISING OUT OF OR IN CONNECTION WITH FRAUD, CYBERSECURITY BREACHES, TECHNICAL FAILURES, MARKET MOVEMENTS, LIQUIDITY CONSTRAINTS, REGULATORY CHANGES, NETWORK EVENTS OR THE IRREVERSIBLE NATURE OF DIGITAL ASSET TRANSACTIONS, EXCEPT TO THE EXTENT EXPRESSLY REQUIRED BY APPLICABLE LAW.

IF YOU DO NOT ACCEPT THIS DISCLOSURE OR THE TERMS, YOU MUST NOT ACCESS OR USE THE SITE, THE PLATFORM, THE ACCOUNT OR ANY SERVICE.

TERMS OF USE

These Terms of Use, together with the Privacy Policy, the General Risk Disclosure, any applicable fee schedule, product-specific terms and any other document expressly incorporated by reference , govern the User’s access to and use of the Site, the Platform, the Account and the Services made available by CEX.IO from time to time.

These Terms constitute a legally binding electronic agreement between the User and CEX.IO Markets UK LTD, a limited liability company incorporated and existing under the laws of England and Wales with company number 15140258 and registered office at 78-79 Pall Mall, London, England, SW1Y 5ES. CEX.IO Markets UK LTD is registered with the Financial Conduct Authority as a cryptoasset business under the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, with firm reference number 1007192, for certain cryptoasset activities (“CEX.IO”, “we”, “us” or “our”).

By registering for or opening an Account, clicking any acceptance, registration or similar button, accessing or visiting the Site or the Platform, submitting any Instruction, or using any Service, the User confirms that the User has read, understood and accepted these Terms, the Privacy Policy and any documents incorporated by reference, and agrees to be bound by them from the date of such acceptance or first use, whichever occurs earlier (the “Effective Date”). If the User does not agree to these Terms, the User must not access or use the Site, the Platform, the Account or any Service.

Where the User accesses or uses the Site, the Platform, the Account or any Service on behalf of a company, partnership or other legal entity, the User represents and warrants that the User is duly authorised to bind such entity to these Terms, and all references in these Terms to the “User” shall be construed accordingly.

Access to certain Services, products, features, account tiers or functionality may be subject to additional agreements, supplemental terms, product-specific terms, eligibility requirements, risk disclosures, onboarding requirements, transaction limits or other conditions notified by CEX.IO from time to time. In the event of any inconsistency between these Terms and any applicable product-specific terms, the product-specific terms shall prevail solely in respect of the relevant Service, product, feature or functionality, unless expressly stated otherwise.

The Site, the Platform and the information made available through them are intended only for persons to whom CEX.IO may lawfully provide the relevant Services. The availability of the Site, the Platform or any Service does not constitute a representation or warranty that any Service, Digital Asset, product, feature or functionality is lawful, available or appropriate for use in any particular jurisdiction or by any particular category of User. Eligibility and jurisdictional restrictions are set out in these Terms and may be applied by CEX.IO from time to time in accordance with applicable law and CEX.IO’s internal policies.

These Terms apply to the User’s access to and use of the Site, the Platform, the Account and any Service provided by CEX.IO and do not amend, replace or otherwise affect the terms of any separate agreement that the User may have entered into with CEX.IO in relation to specific products, services or arrangements, except where expressly stated.

CEX.IO may amend these Terms from time to time in accordance with the Section 33 (Modifications and Amendments). Notice of material changes may be provided by posting the revised Terms on the Site or Platform, updating the relevant “Last Updated” date, or by any other communication method permitted under these Terms. The User is responsible for reviewing the most current version of these Terms and any notices made available by CEX.IO through the Site, the Platform or other official communication channels. Continued access to or use of the Site, the Platform, the Account or any Service after any amendment becomes effective shall constitute acceptance of the amended Terms. If the User does not agree to any amendment, the User must cease using the Services and, where applicable, close the Account in accordance with these Terms.

CEX.IO does not provide Services to Users located in, resident in, incorporated in, established in, operating from, or accessing the Platform from, the following Restricted Jurisdictions: Afghanistan, Belarus, the Democratic Republic of the Congo, Canada, Cuba, Guam, Guinea-Bissau, Haiti, India, Iran, Iraq, Japan, Lebanon, Libya, Mali, Myanmar, North Korea, Puerto Rico, the Russian Federation, Singapore, Somalia, South Sudan, the State of Palestine, Sudan, Syria, the United States, the United States Virgin Islands, Venezuela and Yemen, together with any other jurisdiction designated by CEX.IO from time to time.

With effect from 08 October 2023, promotions relating to cryptoassets are within the scope of the U.K.'s financial promotion regime. The effect of this extension is broadly that promotions to buy or sell cryptoassets or to engage in certain investment services relating to cryptoassets are subject to the financial promotion restriction.

Remaining committed to our customers, CEX.IO understands and shares the importance of reducing and preventing harm to all of them and helps strengthen how people are protected from the high risks associated with cryptoassets.

The website (“Website”) and the information on it was prepared by CEX.IO only for, and is directed only at UK consumers for the purposes of Financial Services and Markets Act 2000 (“FSMA“) and the rules and guidance of the Financial Conduct Authority of the United Kingdom (“FCA”).

1. DEFINITIONS

1.1. Capitalised terms used in these Terms shall have the meanings given to them below, unless the context otherwise requires.

1.1.1. Account means an account opened by the User with CEX.IO through the Platform and maintained in the User’s name, through which the User may access and use the Services, subject at all times to these Terms and any applicable product-specific terms.

1.1.2. Account Review means any review carried out by CEX.IO in relation to the User’s Account, Account activity, Transactions, source of funds, source of wealth, identity, verification status, risk profile, security status, compliance status or any other matter relevant to CEX.IO’s legal, regulatory, compliance, fraud-prevention, security or risk-management requirements.

1.1.3. API means any application programming interface or other automated connectivity solution made available by or on behalf of CEX.IO from time to time.

1.1.4. Applicable Law means any applicable law, statute, regulation, rule, regulatory requirement, binding regulatory guidance, court order, sanctions regime, governmental or regulatory direction or other legal requirement applicable to CEX.IO, the User, the Platform, the Account, the Services, any Digital Asset, any Transaction or any relevant activity.

1.1.5. Authorised Transaction means a Transaction initiated using the User’s Account credentials, linked Payment Method, Security Credentials, approved device, API key or other authentication mechanism, whether or not the User later disputes or claims that such Transaction was unauthorised or fraudulent, except to the extent otherwise required by Applicable Law.

1.1.6. Business Day means any day other than a Saturday, Sunday or public holiday in England on which banks are generally open for business in London.

1.1.7. Buyer means the User who submits an Order to buy Digital Assets through the Platform.

1.1.8. CEX.IO Pay means a Digital Asset transfer initiated through the CEX.IO Pay Service in accordance with these Terms.

1.1.9. CEX.IO Pay Service means the Service through which eligible Users may send or receive certain Digital Assets to or from other eligible CEX.IO Account holders on the Platform, where such functionality is made available by CEX.IO from time to time.

1.1.10. CEX.IO Spot Trading means the functionality Service that enables eligible Users, subject to availability and eligibility, to place Orders for the purchase and sale of supported Digital Assets for immediate or near-immediate execution on the Platform in accordance with these Terms.

1.1.11. Charges means all fees, commissions, network fees, processing fees, withdrawal fees, custody-related charges, maintenance fees, inactivity-related charges, third-party charges, recovery fees, spreads, foreign exchange costs, bank charges, intermediary charges, return fees and any other amounts payable in connection with the User’s access to or use of the Services, as notified to the User through the Platform, the Fee Schedule, quote, order screen, transaction confirmation or otherwise in accordance with these Terms.

1.1.12. Cryptocurrency and/or Digital Asset(s) means any digital representation of value, right or other asset, including any cryptoasset, cryptocurrency, token, stablecoin, virtual currency or similar digital unit, that is based on, recorded on, transferred through or otherwise associated with a cryptographic protocol, distributed ledger, blockchain or similar technology, as supported by CEX.IO from time to time.

1.1.13. Deposit means any crediting of Fiat Currency and/or Digital Assets to the User’s Account, whether by bank transfer, card-funded purchase flow, blockchain transfer, internal transfer or any other method accepted by CEX.IO from time to time.

1.1.14. Effective Date means the date on which the User accepts these Terms or first accesses or uses the Site, the Platform, the Account or any Service, whichever occurs earlier.

1.1.15. Fee Schedule means any fee schedule, Limits and Commissions page, pricing page, product page, transaction screen, quote, confirmation interface or other disclosure made available by CEX.IO from time to time setting out applicable Charges, limits, commissions, network fees, spreads or other pricing information.

1.1.16. Fiat Currency means government-issued currency that is recognised as legal tender by the country or monetary union of issuance.

1.1.17. Force Majeure means any event or circumstance beyond CEX.IO’s reasonable control, including any act of God, natural disaster, epidemic, pandemic, war, terrorism, civil unrest, industrial dispute, governmental action, change in Applicable Law, interruption of utilities, cyber incident, failure of telecommunications, internet or cloud services, banking outage, payment system failure, blockchain failure, validator failure, exchange outage or other third-party infrastructure failure.

1.1.18. Funds means, collectively, Digital Assets and/or Fiat Currency.

1.1.19. General Risk Disclosure means the general risk disclosure made available by CEX.IO from time to time, as amended, updated or replaced by CEX.IO, which forms an integral part of these Terms and is incorporated into these Terms.

1.1.20. Instruction means any request, order, command, election, designation, confirmation or other communication submitted or purportedly submitted by the User or on the User’s behalf through the Platform, the Account, an API connection, a linked Payment Method, approved device, verified communication channel or any other channel accepted by CEX.IO for the purposes of a Service.

1.1.21. Instant Buy means the functionality enabling eligible Users to purchase supported Digital Assets through a simplified transaction flow, where such functionality is made available by CEX.IO from time to time.

1.1.22. Instant Sell means the functionality enabling eligible Users to sell supported Digital Assets through a simplified transaction flow, where such functionality is made available by CEX.IO from time to time.

1.1.23. Maintenance Fee means a fee charged by CEX.IO for maintaining, preserving, storing or administering balances in Fiat Currency and/or Digital Assets in Accounts that are inactive, dormant, deactivated or otherwise subject to inactivity treatment in accordance with these Terms.

1.1.24. Order means any Instruction submitted by the User through the Platform requesting CEX.IO to perform a Service. When an Order, in whole or in part, is carried out, the executed portion constitutes a Transaction.

1.1.25. Payment Method means any payment method made available or accepted by CEX.IO from time to time, including Apple Pay, Google Pay, debit card, bank transfer, payment account, payment card or any other funding or payment method supported by CEX.IO.

1.1.26. Personal Data or Personal Information means any information relating to an identified or identifiable natural person, or any equivalent concept of personal data, personal information or personally identifiable information, in each case as defined under Applicable Law relating to privacy or data protection.

1.1.27. Platform means the digital environment made available by or on behalf of CEX.IO through the Site, any mobile application, API, hosted interface, account dashboard, trading interface, wallet infrastructure or any associated technological functionality through which the Services are provided.

1.1.28. Privacy Policy means the privacy policy made available by CEX.IO from time to time, as amended, updated or replaced by CEX.IO, which is incorporated into and forms part of these Terms by reference.

1.1.29. Quote Currency means the second symbol in a Trading Pair.

1.1.30. Seller means the User who submits an Order to sell Digital Assets through the Platform.

1.1.31. Services means any and all products, services, functionalities, technologies, software, interfaces, wallet features, exchange features, conversion tools, API access, account services, support features and related services made available by or on behalf of CEX.IO from time to time, including, where available, account functionality, wallet and balance functionality, Fiat Currency and Digital Asset Deposits and Withdrawals, spot trading, purchase, sale, exchange and conversion functionality, Instant Buy, Instant Sell, CEX.IO Pay, Staking and any other product, tool, feature or functionality designated by CEX.IO as forming part of the Services.

1.1.32. Site means the CEX.IO website at https://cex.io, together with any sub-domains, successor URLs, localised versions, mobile applications and associated online interfaces through which CEX.IO makes the Platform available.

1.1.33. Staking or Staking Services means any Service made available by CEX.IO from time to time enabling eligible Users to participate, whether on a custodial or non-custodial basis, in transaction validation, consensus, delegation or similar protocol processes of supported proof-of-stake or similar blockchain networks.

1.1.34. Storage Fee means a non-refundable fee charged by CEX.IO for storing, preserving, maintaining or administering balances of a Cryptocurrency or Digital Asset that is no longer supported by CEX.IO or is otherwise subject to unsupported-asset treatment.

1.1.35. Terms means these Terms of Use, together with the Privacy Policy, the General Risk Disclosure, any applicable Fee Schedule, product-specific terms and any other document expressly incorporated by reference, as amended, updated or replaced from time to time.

1.1.36. Trading Pair means a pair of Digital Assets, Fiat Currencies or one Digital Asset and one Fiat Currency supported by CEX.IO for trading, exchange or conversion through the Platform.

1.1.37. Transaction means: (i) the execution, in whole or in part, of an Order; and (ii) any operation on the Platform involving Digital Assets or Fiat Currency, including buying, selling, sending, receiving, depositing, withdrawing, transferring, staking or converting, once accepted, processed, executed, settled, broadcast, credited, debited or otherwise recorded by CEX.IO, as applicable to the relevant Service.

1.1.38. Transaction Details means all information required or relevant for the processing of a Transaction, including, in the case of a Digital Asset transaction, the asset type, amount, recipient address, wallet address, selected network, memo, tag, destination tag, beneficiary information, originator information, wallet ownership or control information and any other transfer data required by CEX.IO; and, in the case of a Fiat Currency transaction, payment details, payment reference, beneficiary details, beneficiary bank details and any other information required by CEX.IO.

1.1.39. Transaction Fee means a fee payable to CEX.IO in respect of a completed, partially completed, matched, executed, converted, settled or otherwise processed Transaction.

1.1.40. User, the User, you or your means any person who registers for, opens, accesses or uses an Account, the Site, the Platform or any Service, and, where the relevant person acts on behalf of a company, partnership or other legal entity, includes that legal entity.

1.1.41. Withdrawal means any Transaction involving a transfer of Funds from the User’s Account to a bank account, payment account, external wallet address or other destination permitted by CEX.IO.

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

1.3. Unless the context otherwise requires: (i) words in the singular include the plural and vice versa; (ii) a reference to a “person” includes a natural person, corporate body, partnership, association, governmental authority, trust or other legal arrangement; (iii) references to “including”, “include”, “in particular” or similar expressions shall be construed as illustrative and shall not limit the generality of the words preceding them; and (iv) references to any law or regulation include that law or regulation as amended, extended, consolidated, re-enacted or replaced from time to time.

2. ACCESS TO THE PLATFORM AND SERVICES

2.1. These Terms govern the User’s access to and use of the Platform, the Account and any Services made available by CEX.IO from time to time. By registering for an Account, accessing the Platform, submitting any Instruction or using any Service, the User agrees to be bound by these Terms, any applicable product-specific terms, the General Risk Disclosure, the Privacy Policy, the applicable fee schedule and any other document expressly incorporated into these Terms by reference.

2.2. The Platform is made available to the User as a digital environment through which eligible Users may access such products, tools, features and functionalities as CEX.IO may make available from time to time, subject always to these Terms, Applicable Law, successful onboarding and verification, product availability, operational capacity, jurisdictional restrictions and any eligibility, product-specific, transaction-specific or risk-based criteria applied by CEX.IO.

2.3. The Services may include account functionality, wallet and balance functionality, Fiat Currency and Digital Asset Deposits and Withdrawals, spot trading, purchase, sale, exchange and conversion functionality, Instant Buy and Instant Sell, CEX.IO Pay, Staking and any other product, tool, feature or functionality expressly designated by CEX.IO as forming part of the Services from time to time.

2.4. The detailed terms applicable to particular Services are set out in the Section titled “CEX.IO Services” and, where applicable, in any product-specific terms, risk disclosures, product pages, fee schedules, transaction flows or supplemental terms made available by CEX.IO from time to time.

2.5. CEX.IO may, at any time and without liability except to the extent required by Applicable Law, add, amend, modify, restrict, suspend, discontinue, delist, replace or withdraw any Service, feature, Digital Asset, Trading Pair, wallet functionality, transfer route, network support, protocol support, payment method, interface, pricing methodology or eligibility criterion, whether generally or in relation to a particular User, jurisdiction, transaction type, Digital Asset, account category or activity.

2.6. CEX.IO shall have the right to establish and apply limits, thresholds, velocity checks, cooling-off periods, settlement holds, withdrawal holds, whitelisting requirements, transaction monitoring rules, geolocation controls, account tiering, concentration limits, asset-specific conditions, pricing protections, minimum and maximum transaction sizes and other controls in relation to the Services, whether generally or specifically in relation to any User, product, jurisdiction, payment method, wallet, asset or transaction type.

2.7. Nothing in these Terms shall be construed as obliging CEX.IO to continue to support any specific Service, Digital Asset, blockchain, protocol, Trading Pair, payment method, wallet functionality, transfer route, interface or feature for any minimum period. No provision of these Terms shall be interpreted as a commitment by CEX.IO to accept every Order or Instruction, to make any market, to maintain uninterrupted access to the Platform, to ensure the continued support of any Digital Asset or blockchain, or to provide Services in any jurisdiction or to any person on an unconditional basis.

2.8. Depending on the User’s place of residence, location, Account status, verification status, customer category, risk profile and Applicable Law, the User may not be able to access or use all Services, Digital Assets, Trading Pairs, payment methods, transfer routes, wallet functionality, Promotions or Platform features. It is the User’s responsibility to ensure that the User’s access to and use of the Platform and the Services is lawful in each jurisdiction relevant to the User.

2.9. Additional products, features or services may be subject to supplemental terms, product-specific terms, separate agreements, additional risk disclosures, enhanced verification requirements, transaction limits, holding periods, security controls, jurisdictional restrictions or other conditions notified by CEX.IO from time to time. In the event of any inconsistency between these Terms and any applicable product-specific terms, the product-specific terms shall prevail solely in respect of the relevant product, feature or Service, unless expressly stated otherwise.

2.10. Beta, pilot and limited-release Services. CEX.IO may, from time to time, make available certain Services, products, tools, features, functionalities, interfaces, transaction flows, Digital Assets, Trading Pairs, payment methods, transfer routes, network support or other Platform functionality on a beta, pilot, trial, early-access, preview, limited-release, phased-rollout, testing, experimental, non-general-availability or otherwise restricted basis, whether or not expressly described as “beta” (each a “Beta Service”). Where a Service is made available as a Beta Service, CEX.IO shall identify the relevant Service, product flow, interface, functionality or user-facing disclosure as “Beta”, “Beta Service”, “Pilot”, “Early Access” or by any other substantially equivalent designation, where reasonably practicable and appropriate having regard to the nature of the relevant Service.

2.11. Any Beta Service shall be made available only to such Users, in such jurisdictions, for such period, and subject to such limits, conditions, risk disclosures, product-specific terms, technical requirements, eligibility criteria and operational controls as CEX.IO may determine and notify or make available through the Platform or other appropriate channel from time to time. The availability of any Beta Service to a User shall not constitute a representation, warranty or undertaking that such Beta Service is complete, error-free, uninterrupted, suitable for the User, available in all jurisdictions, available to all Users, or that it will be launched, maintained, expanded, made generally available or supported for any minimum period.

2.12. The User acknowledges and agrees that a Beta Service may be incomplete, subject to testing, monitoring, interruption, delay, restriction, withdrawal, modification, enhanced limits, additional verification, technical defects, reduced functionality or other constraints, and may not support all Digital Assets, Trading Pairs, payment methods, networks, order types, transaction types or Platform features. The User shall use any Beta Service strictly in accordance with these Terms, any applicable product-specific terms, customer disclosures, Platform instructions and Applicable Law.

2.13. CEX.IO may modify, restrict, suspend, withdraw, replace, deprecate, terminate, delay, expand, decline to launch or make generally available any Beta Service where CEX.IO considers this necessary or appropriate for legal, regulatory, sanctions, anti-money laundering, counter-terrorist financing, fraud-prevention, security, technology, operational resilience, market integrity, customer protection, risk-management, third-party provider, product-governance or commercial reasons. Where reasonably practicable and legally permissible, CEX.IO shall endeavour to provide notice of any material planned change to or withdrawal of a Beta Service; however, prior notice may not be possible where immediate action is required.

3. ACCOUNT

3.1. Subject to these Terms, applicable law, successful onboarding, completion of any Verification Procedures, product availability, operational capacity and any eligibility, jurisdictional, product-specific or risk-based restrictions applied by CEX.IO from time to time, the User may open and maintain an Account on the Platform for the purpose of accessing and using the Services.

3.2. The opening, maintenance and continued use of an Account is subject at all times to CEX.IO’s approval. CEX.IO may, acting reasonably and in good faith, refuse to open an Account, refuse to provide any Service, or suspend, restrict, downgrade, review or close any Account where CEX.IO considers this necessary or appropriate for legal, regulatory, sanctions, anti-money laundering, counter-terrorist financing, fraud-prevention, security, operational, market integrity, reputational or risk-management reasons.

3.3. Completion of any onboarding, verification, due diligence, screening or other review process, or any previous decision by CEX.IO to permit the User to access or use any Service, shall not oblige CEX.IO to continue to provide any Service, approve any Transaction, maintain any Account status, or refrain from carrying out further review, monitoring, screening, investigation, restriction or verification at any later time.

3.4. Unless otherwise expressly authorised by CEX.IO in writing, the User may register, maintain and use only one Account on the Platform. CEX.IO may, acting reasonably and in good faith, refuse, restrict, suspend, freeze or close any duplicate, additional, linked or related Account opened or used by the same User, or by any person acting on the User’s behalf or for the User’s benefit, where such Account has been created or used without CEX.IO’s prior express approval or otherwise in breach of these Terms.

3.5. The User must use only the User’s own Account and must not permit any other person to access, control or use the Account, except where CEX.IO has expressly permitted delegated, corporate, institutional or business access arrangements. The User must not use, access or attempt to use any account, wallet, payment instrument, bank account, card, device, credentials, API key or other access method belonging to another person, and must not assist, enable, facilitate or encourage any other person to obtain unauthorised access to the Platform or to any account, wallet, system, data or Service of CEX.IO or any third party.

3.6. Where the User accesses or uses the Platform or any Service on behalf of a company, partnership, trust, foundation or other legal entity or arrangement, the relevant entity or arrangement must be onboarded through such corporate, institutional or other account structure as CEX.IO may designate. The User shall provide all constitutional documents, approvals, authorities, beneficial ownership information, ownership and control information, authorised signatory information and other information or documents required by CEX.IO in relation thereto. CEX.IO may refuse to permit any individual Account to be used for business, corporate, institutional, fiduciary, nominee or third-party purposes.

3.7. If the User acts on behalf of a company, partnership or other legal entity, the User represents, warrants and undertakes that: (i) such entity is duly organised, validly existing and, where applicable, in good standing; (ii) the User is duly authorised to bind that entity to these Terms and to submit Instructions on its behalf; (iii) all corporate, constitutional, internal and regulatory approvals required for the use of the Services have been obtained and remain in full force and effect; and (iv) the User’s entry into, and performance of, these Terms and each Transaction does not and will not breach any constitutional document, Applicable Law, regulation, court order, sanction, financing arrangement or contractual restriction binding upon that entity.

3.8. The creation, registration, operation or use of multiple Accounts by the same User, or for the same beneficial owner, household, business, device cluster or other related person, without CEX.IO’s prior express written approval, as well as any attempt to create, control or use such Accounts for the purpose of circumventing these Terms, evading limits or controls, exploiting pricing, promotional, referral, brokerage or similar arrangements, facilitating unauthorised intermediation, concealing beneficial ownership, or engaging in fraud, market abuse, financial crime or any other improper or unlawful conduct, shall constitute a material breach of these Terms.

3.9. Without prejudice to any other rights or remedies available to CEX.IO under these Terms or Applicable Law, where CEX.IO reasonably suspects or determines that Clause 3.8 has been breached, CEX.IO may immediately suspend, restrict, freeze or terminate any or all related Accounts, cancel or reject any pending Orders or Transactions, withhold, prohibit, condition or refuse any Withdrawal of Digital Assets or Fiat Currency, restrict or disable specific Services or functionalities, require additional verification, information or explanations, subject the relevant Accounts and Transactions to enhanced review, and maintain such restrictions for so long as CEX.IO reasonably considers necessary to complete its investigation, comply with Applicable Law and protect CEX.IO, its Users and the integrity of the Platform.

3.10. CEX.IO’s obligations under these Terms are owed solely to the User named on the relevant Account and not to any third party, save where otherwise required by Applicable Law.

3.11. The User may request closure of the Account by submitting a request through such channel(s) as CEX.IO may designate from time to time. CEX.IO may require the User to complete such authentication, verification, due diligence, sanctions, fraud-prevention, security and regulatory procedures as CEX.IO reasonably considers necessary before acting upon any such request. Any request for Account closure shall be subject to: (a) the cancellation or completion of all open Orders, pending Transactions and other unsettled activity; (b) the payment in full of all amounts due, owing or accrued to CEX.IO under these Terms; (c) the provision by the User of valid and complete instructions for the withdrawal or transfer of any remaining Fiat Currency and/or Digital Assets standing to the credit of the Account, in each case to a destination permitted by CEX.IO; and (d) the completion of any verification, due diligence, sanctions, fraud-prevention, security, legal or regulatory review that CEX.IO reasonably considers necessary or appropriate. CEX.IO’s acknowledgment of a request for Account closure shall not oblige CEX.IO to close the Account immediately and shall not terminate, prejudice or otherwise affect any ongoing or subsequent investigation, monitoring activity, legal hold, regulatory review, suspicious activity assessment or cooperation with any competent authority.

3.12. Any request for Account closure shall be subject to: (i) the cancellation or completion of all open Orders, pending Transactions and other unsettled activity; (ii) the payment in full of all amounts due, owing or accrued to CEX.IO under these Terms; (iii) the provision by the User of valid and complete instructions for the withdrawal or transfer of any remaining Fiat Currency and/or Digital Assets standing to the credit of the Account, in each case to a destination permitted by CEX.IO; and (iv) the completion of any verification, due diligence, sanctions, fraud-prevention, security, legal or regulatory review that CEX.IO reasonably considers necessary or appropriate.

3.13. Closure of the Account shall not affect any rights, remedies, liabilities or obligations accrued or incurred prior to the effective date of closure, all of which shall survive such closure until fully performed, satisfied or discharged. Without limitation, the User shall remain liable for all fees, commissions, charges, costs, expenses, indemnities, negative balances, chargebacks, reversals, clawbacks, transfer costs and any legal or administrative costs reasonably incurred by CEX.IO in connection with the Account, its closure or any post-closure activity.

4. ELIGIBILITY AND RESTRICTED ACCESS

4.1. The User may open, maintain and use an Account and access the Platform or any Service only if the User satisfies, and continues to satisfy, all eligibility requirements under these Terms, applicable law and any criteria, restrictions or conditions applied by CEX.IO from time to time.

4.2. By registering for an Account, accessing the Platform or using any Service, the User represents, warrants and undertakes to CEX.IO, on a continuing basis, that:

(a) if the User is an individual, the User is at least eighteen (18) years old and has full legal capacity to enter into and perform the User’s obligations under these Terms;

(b) if the User is acting on behalf of a company, partnership or other legal entity, such entity is duly organised, validly existing and, where applicable, in good standing, and the User is duly authorised to bind that entity to these Terms and to act on its behalf in connection with the Services;

(c) the User’s access to and use of the Platform and the Services is, and will remain, lawful in each jurisdiction relevant to the User, including the User’s jurisdiction of residence, domicile, tax residence, incorporation, establishment, operation and the jurisdiction from which the User accesses the Platform;

(d) the User is not a Restricted Person;

(e) the User does not access or use, and will not access or use, the Platform or any Service from a Restricted Jurisdiction;

(f) the User has completed, and will continue to satisfy, all Verification Procedures required by CEX.IO;

(g) the User will use the Services solely in accordance with these Terms, Applicable Law and any instructions, policies, restrictions or eligibility criteria notified by CEX.IO from time to time; and

(h) the User is acting as principal and on the User’s own behalf, unless the User has disclosed to CEX.IO, and CEX.IO has expressly accepted, that the User is acting for or on behalf of another person.

4.3. If the User is a legal entity, the User further represents and warrants that: (i) the User’s entry into, and performance of, these Terms and each Transaction does not and will not breach the User’s constitutional documents, Applicable Law, regulation, court order, sanction, financing arrangement or contractual restriction binding upon the User; (ii) all corporate governance or internal approvals required for the User’s use of the Services have been duly obtained and remain in full force and effect; and (iii) no insolvency, administration, winding-up, analogous proceeding or creditor arrangement has been commenced or, to the User’s knowledge, threatened against the User, save as previously disclosed to and accepted by CEX.IO in writing.

4.4. For the purposes of these Terms, a “Restricted Person” means any person or entity that:

(a) is the target of, listed under, owned or controlled by, acting on behalf of, or otherwise subject to, any sanctions, embargoes, asset-freezing measures, trade restrictions or similar restrictive measures imposed by the United Kingdom, the United Nations, the European Union, the United States or any other competent authority applicable to CEX.IO, the User or the relevant activity;

(b) is located, resident, domiciled, incorporated, established or operating in, or accessing the Platform from, a Restricted Jurisdiction;

(c) is prohibited under Applicable Law from receiving or using the Services;

(d) has provided false, inaccurate, incomplete, forged, counterfeit, altered, manipulated, misleading or unverifiable information or documentation;

(e) has failed, refused or delayed in satisfying CEX.IO’s Verification Procedures or any ongoing monitoring, source-of-funds, source-of-wealth, wallet-ownership, tax, sanctions, fraud-prevention, security or other compliance checks;

(f) is acting as nominee, undisclosed agent, broker, dealer, intermediary, money service business, payment service provider, fiduciary, trustee or representative for another person without CEX.IO’s prior written approval; or

(g) is otherwise determined by CEX.IO, acting reasonably and in good faith, to present an unacceptable legal, regulatory, sanctions, financial-crime, fraud, security, market-integrity, operational or reputational risk.

4.5. For the purposes of these Terms, “Restricted Jurisdiction” means any jurisdiction, territory or location in or from which CEX.IO does not make the Platform or any Service available, whether because of Applicable Law, sanctions, licensing restrictions, regulatory requirements, risk appetite, operational constraints or any other legitimate compliance or risk-management reason. CEX.IO may publish, update or otherwise make available the list of Restricted Jurisdictions through the Site, the Platform, onboarding flows, product pages or such other channel(s) as CEX.IO may designate from time to time.

4.6. Not all Services, Digital Assets, Trading Pairs, payment methods, wallet functionalities, transfer routes, Promotions or features are available to all Users or in all jurisdictions. CEX.IO may determine and apply eligibility criteria by reference to jurisdiction, residency, nationality, place of access, onboarding status, Account standing, Account tier, customer category, sanctions status, tax status, Payment Method, wallet ownership or control, Digital Asset type, Transaction size, risk profile, regulatory requirements, product design, operational capacity or any other factor CEX.IO considers relevant.

4.7. The User shall not access or use, or attempt to access or use, the Platform or any Service from any jurisdiction, territory or location where such access or use is unlawful, restricted or prohibited. The User shall not use any virtual private network, proxy, remote desktop, anonymisation tool, obfuscation tool, emulator, false address, false document, misleading declaration or other technical or non-technical means to conceal, falsify or misrepresent the User’s location, identity, residency, nationality, place of incorporation, place of establishment, beneficial ownership, control or other eligibility criterion.

4.8. The User shall notify CEX.IO without undue delay of any change in circumstances that may affect the User’s eligibility to use the Services or the accuracy of any information previously provided to CEX.IO, including any change relating to the User’s name, address, country of residence, tax residence, tax identification number, nationality, place of incorporation, constitutional documents, ownership or control, directors or controlling persons, authorised signatories, politically exposed person status, sanctions exposure, insolvency status, source of funds, source of wealth, wallet ownership or control, business activity, regulatory status or the jurisdiction from which the User accesses the Platform.

4.9. Where required by Applicable Law, by any competent authority, or by CEX.IO’s compliance procedures, the User shall provide complete and accurate information relating to any Digital Asset transfer, including information relating to the originator, beneficiary, wallet ownership or control, transaction purpose and any other transfer data reasonably required by CEX.IO. The User acknowledges and agrees that CEX.IO may delay, reject, suspend or refuse to process any transfer where such information is incomplete, inconsistent, unverifiable or otherwise unsatisfactory.

4.10. Each representation, warranty, acknowledgement and undertaking given by the User under these Terms shall be deemed repeated by the User on each date on which the User accesses the Platform, submits an Instruction, initiates or receives a Transaction or otherwise uses any Service.

4.11. CEX.IO may, acting reasonably and in good faith, refuse, reject, decline, delay, suspend, cancel, condition or terminate any application, Account, Instruction, Order, Deposit, Withdrawal, transfer, conversion, trade, payment method, wallet address, destination, Digital Asset, Trading Pair or other use of the Services where CEX.IO reasonably suspects or determines that the User is not, or is no longer, eligible to use the relevant Account, Service, product, feature, Digital Asset, jurisdictional functionality or Transaction type.

4.12. Nothing in these Terms shall oblige CEX.IO to provide or continue to provide any Service to any person, in any jurisdiction, for any minimum period or on an unconditional basis.

5. USER VERIFICATION, DUE DILIGENCE AND ONGOING MONITORING

5.1. As a condition precedent to the provision and continued provision of any Service, CEX.IO shall be entitled to carry out, and the User shall fully cooperate with, such identification, verification, screening, due diligence, enhanced due diligence, ongoing monitoring and review procedures as CEX.IO may require from time to time in order to comply with Applicable Law and CEX.IO’s internal policies relating to anti-money laundering, counter-terrorist financing, sanctions, fraud prevention, tax compliance, market integrity, security and risk management (together, the “Verification Procedures”). CEX.IO may refuse to open an Account, refuse to provide any Service, or restrict the functionality of the Platform in whole or in part unless and until the User has satisfactorily completed the Verification Procedures. 

5.2. CEX.IO shall be entitled, at any time and without prior notice where reasonably necessary, to verify the identity of the User, the User’s authority, the source of funds, source of wealth, wallet ownership or control, beneficial ownership, tax status, transaction purpose, destination details, and any other matter relevant to the lawful and secure provision of the Services, and may require the User to provide such information, explanations, declarations or supporting documentation as CEX.IO may reasonably request.

5.3 The User shall provide to CEX.IO, upon request and in such form as CEX.IO may reasonably require, complete, accurate, current and authentic information, records, statements, declarations and any other matter relevant to the Verification Procedures. Without limitation to the foregoing, in order to register for and use any Service, the User may be required to provide one or more of the following: email address, mobile telephone number, full legal name, date of birth, residential address, nationality, government-issued identification number, taxpayer identification number, company information, constitutional documents, beneficial ownership information, evidence of address, source-of-funds information, source-of-wealth information, wallet ownership information and such other personal, corporate or transactional information as CEX.IO may reasonably require from time to time.

5.3. The User represents, warrants and undertakes that all information and documentation submitted to CEX.IO for the purposes of the Verification Procedures is and shall remain true, accurate, complete, current, authentic and not misleading in any respect. The User shall not submit, upload, use or rely upon any forged, counterfeit, altered, manipulated, misleading, unlawfully obtained or otherwise invalid information or document in connection with the Account or any Service.

5.4. Where CEX.IO reasonably suspects that any information, statement or document provided by the User is false, inaccurate, incomplete, counterfeit, tampered with, misleading, inconsistent, unverifiable or otherwise unsatisfactory, CEX.IO may, without prejudice to any other rights or remedies available under these Terms or Applicable Law, refuse or reverse onboarding, suspend or restrict the Account or any Service, reject or delay any Transaction, require further information or documentary evidence, freeze or hold any relevant balance or activity to the extent legally permissible.

5.5. The User hereby authorises CEX.IO to make, directly or indirectly through one or more affiliates or third-party service providers, such inquiries, searches, checks, screenings, verifications, requests and investigations as CEX.IO reasonably considers necessary or appropriate for the purposes of the Verification Procedures, ongoing monitoring, fraud prevention, account security, sanctions compliance, transaction monitoring, tax compliance, enforcement and risk management.

5.6. The User acknowledges and agrees that CEX.IO may request additional information, declarations or documents, or require the User to repeat, refresh or complete further Verification Procedures, at any time before or after the Account has been opened or previously verified, where CEX.IO reasonably considers this necessary or appropriate in order to comply with Applicable Law, changes in the User’s profile or activity, changes in the risk associated with the User, any Service or any Transaction, or any legal, regulatory, sanctions, fraud-prevention, tax, security or operational concern.

5.7. If the User fails, refuses or delays in providing any information, explanation, declaration or document requested by CEX.IO in connection with the Verification Procedures, or otherwise fails to satisfy CEX.IO’s verification, screening, review or due diligence requirements within the period reasonably specified by CEX.IO, CEX.IO may, without liability except to the extent required by Applicable Law, refuse to register the User, refuse to process any Transaction, suspend, restrict or terminate the Account or any Service, freeze or place a hold on relevant balances or activity to the extent legally permissible, and maintain such restrictions until CEX.IO’s requirements have been fully satisfied.

5.8. The User shall notify CEX.IO without undue delay of any change to any information or circumstance previously provided or disclosed to CEX.IO that may be relevant to the Verification Procedures or the User’s eligibility to use the Services.

5.9. Where the User intends to use the Services on behalf of a company, partnership, trust, foundation or other legal entity or arrangement, the relevant entity or arrangement must be onboarded through such corporate, institutional or other account structure as CEX.IO may designate, and the User shall provide all documents, approvals, authorities and beneficial ownership information required by CEX.IO in relation thereto. CEX.IO may refuse to permit any individual Account to be used for business, corporate, institutional or third-party purposes.

5.10. Completion of the Verification Procedures, or any prior decision by CEX.IO to onboard, verify or permit the User to access any Service, shall not oblige CEX.IO to continue providing any Service, to approve any Transaction, or to refrain from carrying out further review, monitoring, screening, investigation, restriction or verification at any later time. Verification status may be reviewed, amended, downgraded, suspended or withdrawn by CEX.IO at any time.

5.11. Where a User notifies CEX.IO of a disability or other circumstance requiring additional support, CEX.IO may, to the extent reasonably practicable, lawful and proportionate having regard to the nature of the Services and CEX.IO’s legal and regulatory obligations, provide reasonable adjustments or alternative communication or support arrangements. Nothing in this clause shall require CEX.IO to provide any Service where to do so would be unlawful, would compromise CEX.IO’s anti-money laundering, sanctions, fraud-prevention, security or verification obligations, or would impose a disproportionate burden on CEX.IO.

5.12. The User acknowledges and agrees that CEX.IO’s obligations under this Section 5 are continuing in nature.

5.13. You agree and acknowledge that in accordance with CEX.IO's regulatory obligations and CEX.IO’s internal risk and compliance policies, CEX.IO may from time to time conduct reviews of your Account and related activity (each, an “Account Review”). Such Account Reviews may be conducted for a variety of reasons, including but not limited to potentially unusual or high-risk transaction patterns, operational or technical triggers, changes in usage behavior, inquiries or requests from regulatory, supervisory, or law enforcement authorities, or in connection with CEX.IO’s ongoing compliance, fraud prevention, and risk mitigation functions.

5.14. During the course of an Account Review, CEX.IO may: 

(a) restrict, suspend, or Freeze the Account under review, as well as any other Account(s) beneficially owned or controlled by you, or by any members of such User’s household, or for which you are a representative or authorized signatory and, in the case of entities, any affiliated account(s); 

(b) freeze any Funds or assets in the Account while the Account Review is being conducted; 

(c) suspend your access to Services or any affiliated CEX.IO Platforms, pending the outcome of the review, 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 CEX.IO’s AML Program; (iii) Applicable Law, rules, or regulations of any regulator with jurisdiction over CEX.IO; or (iv) any of CEX.IO's applicable policies as incorporated by reference herein; 

(d) request additional information, documentation, certifications, or explanations in relation to your Account activity, source of funds, identity, or any other matter deemed relevant by CEX.IO. 

5.15. You agree to cooperate fully with any Account Review, and understand that failure to provide requested information may result in continued suspension, restrictions on your Account or permanent termination of Services. CEX.IO reserves the right to take any lawful measures necessary or appropriate to resolve the Account Review, including, without limitation, reporting to regulatory authorities, further restricting account activity, or recovering funds subject to review.

6. ACCOUNT SECURITY AND ACCURACY OF INFORMATION

6.1. Access to the User’s Account is only permitted using individual login credentials, security procedures, authentication credentials, devices, interfaces and verification measures approved by CEX.IO from time to time.

6.2. The User represents, warrants and undertakes that any withdrawal of cryptocurrency from the Account shall be made only to a wallet address or other destination held in the User’s own name, under the User’s ownership or control, previously verified or whitelisted, or otherwise expressly approved by CEX.IO. CEX.IO shall not be liable for any loss, delay or failure arising from or in connection with (i) any withdrawal instruction submitted by the User to an incorrect, incompatible, unsupported or unauthorised wallet address or destination, or (ii) any withdrawal to a third-party or non-owned wallet or account requested or authorised by the User.

6.3. The User shall ensure that all usernames, passwords, passcodes, one-time codes, recovery phrases, private credentials, authentication devices, API keys, secret keys, tokens, verification methods and any other security credentials or access mechanisms relating to the Account or any API access (together, the “Security Credentials”) are created, maintained, stored and used in a secure manner and remain strictly confidential at all times.

6.4. The User shall be solely responsible for the management, safekeeping, confidentiality and lawful use of the Security Credentials and for all acts, omissions, Instructions, API calls, Transactions and other activity initiated, submitted, transmitted or effected through the Account, the Security Credentials, any verified device, any linked email address, any approved communication channel or any API integration.

6.5. The User shall create and maintain strong, unique and confidential passwords and other Security Credentials and shall not use any password or credential that is easily guessed, reused across multiple services, derived from readily available personal information, or otherwise vulnerable to compromise. CEX.IO may require the User to change the User’s password or other Security Credentials at any time, including periodically or where CEX.IO reasonably considers such change necessary or appropriate.

6.6. CEX.IO may require multi-factor authentication, 2FA, device verification, liveness checks, withdrawal whitelisting, transaction confirmations, holding periods or other protective measures for access to the Account or use of particular Services. The User shall comply with all such security requirements as a condition of access to or continued use of the relevant product, feature or Service. CEX.IO may, acting reasonably and in good faith, refuse, delay, suspend or reject any access request, Withdrawal, Transaction or other Instruction where the required enhanced authentication, security control or verification step has not been properly enabled, completed or verified. Forms of multi-factor authentication may include email, SMS, supported 2FA applications, device-based authentication, biometric or liveness checks, or any other authentication method designated by CEX.IO from time to time. The User acknowledges and agrees that CEX.IO may engage third-party service providers to support authentication and may process or transmit relevant authentication data for that purpose in accordance with Applicable Law and the Privacy Policy.

6.7. CEX.IO shall be entitled to rely upon and act in accordance with any login, access request, authentication event, Instruction, Order, API request, communication or other activity effected through or by reference to the User’s Account, Security Credentials, approved device, verified communication channel, linked email address, API key or other security procedure accepted by CEX.IO, and may treat the same as authentic, valid and binding upon the User unless and until CEX.IO has received notice in accordance with these Terms that the relevant Security Credentials or access method has been compromised and has had a reasonable opportunity to implement protective measures.

6.8. The User shall not:

• disclose, share, assign, transfer, licence, sell, lease, lend or otherwise make available any Security Credentials to any third party;
• permit any other person to access or use the Account, save where expressly authorised by CEX.IO in writing;
• allow any other person to observe, record, store or otherwise gain access to the User’s Security Credentials or the process by which the User accesses the Account;
• circumvent, disable, undermine, interfere with or attempt to bypass any security feature, authentication control, account restriction, geolocation measure, device control, rate limit, access filter or technical safeguard implemented by CEX.IO; or
• use any anonymisation, obfuscation, emulation, automation or other technical means in order to conceal identity, location, device characteristics, transaction origin or other information relevant to CEX.IO’s legal, regulatory, fraud-prevention or security controls.

6.9. The User acknowledges that ordinary email may not constitute a secure method of communication and may be vulnerable to interception, compromise, spoofing, misdirection or unauthorised access. Accordingly, unless expressly requested or approved by CEX.IO through an appropriate and verified channel, the User shall not transmit by email any Security Credentials, passwords, authentication codes, private keys, recovery phrases or other highly sensitive security information, and shall exercise due care when communicating any Personal Data or account-related information by email.

6.10. CEX.IO personnel, agents and authorised service providers acting on behalf of CEX.IO will never ask the User to disclose the User’s password, one-time passcode, private key, recovery phrase, full two-factor authentication code or any other Security Credential in plain text. Any communication, message, website, application, social media profile or other interface purporting to originate from CEX.IO and requesting such information, other than through the secure functionality of the official CEX.IO Platform, shall be treated by the User as suspicious and must be reported to CEX.IO without undue delay.

6.11. The User shall verify, with reasonable care, that any website, email, message or communication purporting to originate from CEX.IO is genuine, including by checking that the relevant domain or sender address legitimately uses the cex.io domain and by refraining from engaging with any link, prompt or communication that appears irregular, misleading, spoofed, compromised or otherwise unauthorised.

6.12. The User shall ensure, irrespective of whether the User accesses the Account through a personal, shared or public device, that login credentials, Security Credentials and other sensitive Account information are not stored, saved, cached, auto-filled, screen-recorded or otherwise retained by the browser, device, application or operating environment used by the User, unless such storage occurs through a secure credential-management solution expressly permitted by CEX.IO or reasonably recognised as secure industry practice.

6.13. Where the User elects to activate, install or use any security application, authenticator tool, wallet software, browser extension, device-based security tool or other authentication mechanism on any device, the User does so at the User’s own risk. Without prejudice to the foregoing, CEX.IO may prohibit, restrict or terminate access from any device, operating environment, emulator, virtual machine, browser, operating system or software configuration that has been modified, rooted, jailbroken, tampered with, is unsupported, or is otherwise considered by CEX.IO to present an elevated security or compliance risk.

6.14. The User shall be responsible for monitoring the Account, balances, Transaction history, security settings, connected devices, API activity, approved wallets, Payment Methods, notices, alerts, confirmations and other communications made available through the Platform or sent by CEX.IO.

6.15. If the User has any security concern or becomes aware of, suspects or has reason to believe that the User’s Account, Security Credentials, password, email account, device, authentication method, API key, wallet, Payment Method or any other security feature or access method connected with the Account has been lost, stolen, misappropriated, used without authority or otherwise compromised, the User shall immediately take all reasonable steps to mitigate the relevant risk, including changing the password and revoking or securing any affected access method, and shall notify CEX.IO without undue delay by contacting Support at support@cex.io or through such other official channel as CEX.IO may designate.

6.16. The User shall notify CEX.IO without undue delay of any unauthorised, erroneous, suspicious, unclear or unexpected Transaction, Instruction, balance change, wallet interaction, Deposit, Withdrawal, payment or other Account activity, and of any material error in information previously provided to CEX.IO.

6.17. Any failure by the User to notify CEX.IO without undue delay under Clauses 6.14 or 6.15 may be taken into account, to the extent permitted by Applicable Law, in determining responsibility for any resulting loss, misuse, fraud, security compromise or inability to mitigate harm. Where appropriate, the User should also report the incident to the relevant law-enforcement, cybercrime or other competent authority.

6.18. The User represents, warrants and undertakes that all information, records, statements, declarations, documents, explanations and other materials submitted or made available to CEX.IO are and shall remain true, accurate, complete, current, authentic and not misleading in any respect. This obligation applies on a continuing basis to all information provided during onboarding, verification, Account operation, ongoing monitoring, Account review, transaction monitoring, tax classification, sanctions screening, wallet verification, payment-method verification, complaints handling and any other interaction with CEX.IO.

6.19. The User shall not submit, upload, use or rely upon any forged, counterfeit, altered, manipulated, misleading, unlawfully obtained, incomplete, inaccurate, outdated or otherwise invalid information or document in connection with the Account, the Platform or any Service.

6.20. The User shall provide to CEX.IO, upon request and in such form as CEX.IO may reasonably require, complete, accurate, current and authentic information, records, statements, declarations, documents, explanations and evidence relating to the User’s identity, authority, beneficial ownership, control, source of funds, source of wealth, tax status, wallet ownership or control, Payment Methods, transaction purpose, originator and beneficiary information, Travel Rule data and any other matter CEX.IO reasonably requires for legal, regulatory, compliance, fraud-prevention, security, operational or risk-management purposes.

6.21. The User shall notify CEX.IO without undue delay of any change to any information or circumstance previously provided or disclosed to CEX.IO that may be relevant to the User’s Account, eligibility, Verification Procedures, Account security or use of the Services, including any change relating to the User’s contact details, residential address, registered office, nationality, country of residence, tax residence, tax identification number, business activity, ownership or control, directors, authorised signatories, beneficial owners, politically exposed person status, sanctions exposure, insolvency status, source of funds, source of wealth, wallet ownership or control, Payment Methods or approved devices.

6.22. The User shall ensure that all contact details, delivery channels and communication preferences associated with the Account remain accurate, complete, current and under the User’s control at all times, including the User’s email address, telephone number, postal address, approved devices and any other relevant communication information. The User acknowledges and agrees that failure by the User to review any communication duly sent or made available by CEX.IO shall not affect its validity, effectiveness or enforceability, save where otherwise required by Applicable Law.

6.23. Any bank account, payment card, payment account, wallet address, destination address or other account used in connection with the Account must be lawfully used by the User and held in the User’s own name, under the User’s ownership or control, previously verified or whitelisted, or otherwise expressly approved by CEX.IO. CEX.IO may refuse, delay, reverse where legally and technically possible, suspend, condition or reject any Deposit, Withdrawal, transfer or Transaction involving a Payment Method, wallet or account that does not satisfy these requirements or gives rise to legal, regulatory, sanctions, anti-money laundering, counter-terrorist financing, fraud, security, ownership or operational concerns.

6.24. The User shall be solely responsible for verifying, prior to submission of any Instruction or Order, all relevant Transaction Details, including the asset type, amount, destination wallet address, memo, tag, beneficiary information, bank account details, payment reference, selected network, selected Trading Pair, order parameters, fees, quoted terms and any other data relevant to the Transaction. CEX.IO shall not be liable for any loss, delay, rejection, reversal, failed transfer or non-execution arising from inaccurate, incomplete, incompatible, unsupported or unauthorised Transaction Details provided by the User, save to the extent such liability cannot lawfully be excluded.

6.25. Where CEX.IO reasonably suspects that any information, statement, declaration or document provided by the User is false, inaccurate, incomplete, outdated, counterfeit, tampered with, misleading, inconsistent, unverifiable or otherwise unsatisfactory, or where the User fails, refuses or delays in providing any information, explanation, declaration or document requested by CEX.IO, CEX.IO may, without prejudice to any other rights or remedies available under these Terms or Applicable Law, refuse or reverse onboarding, suspend or restrict the Account or any Service, reject or delay any Transaction, require further information or documentary evidence, freeze or place a hold on any relevant balance or activity to the extent legally permissible, and maintain such restrictions until CEX.IO’s requirements have been fully satisfied.

6.26. The User acknowledges and agrees that CEX.IO may engage one or more third-party service providers, including providers of authentication, identity verification, fraud-prevention, device intelligence, risk scoring, cloud infrastructure, communications or security services, in order to facilitate secure access to the Account and provision of the Services, and that relevant data may be processed, transmitted, stored or analysed for such purposes in accordance with Applicable Law and the Privacy Policy.

6.27. CEX.IO may, at any time and without prior notice where reasonably necessary, suspend, restrict, revoke, rotate, expire, replace or require the renewal of any Security Credential, approved device, API key, authentication factor, verification method or access permission where CEX.IO considers such action necessary or appropriate for security, legal, regulatory, fraud-prevention, operational or risk-management reasons.

7. CRYPTOASSETS SUPPORTED ON THE PLATFORM

7.1. The User acknowledges and agrees that CEX.IO does not own, control, operate or administer the underlying software protocols, source code, validator arrangements, governance mechanisms, smart contracts, blockchain networks, distributed ledger infrastructure, bridges, wrapped asset arrangements, staking frameworks, sidechains, layer-two solutions or other technological infrastructure upon which any Digital Asset supported on the Platform may depend. Such protocols and related infrastructure may be open-source, proprietary, decentralised, partially decentralised, third-party controlled, community governed or otherwise outside CEX.IO’s control, and may be subject to sudden changes in functionality, security, governance, availability, confirmation finality, transferability, value, market support, legal treatment or operational viability.

7.2. CEX.IO shall have no responsibility or liability for the operation, performance, security, functionality, availability, governance, maintenance, failure, interruption, attack, vulnerability, exploit, fork, airdrop, chain split, rollback, validator misconduct, bridge failure, protocol upgrade, smart contract defect, network congestion, transaction delay, loss of consensus, market dislocation or any other event, omission or circumstance affecting any Digital Asset or the protocol or network on which it is issued, recorded, transferred or otherwise supported.

7.3. CEX.IO may conduct such commercial, legal, technical, compliance, sanctions, security, reputational, market, liquidity, operational and other due diligence as it considers appropriate before determining whether any Digital Asset, Trading Pair, blockchain network, protocol or related functionality will be made available on, or removed from, the Platform. Any decision by CEX.IO to support, list or make available any Digital Asset or related functionality shall not constitute, and shall not be construed as, any representation, warranty, endorsement, recommendation or assurance by CEX.IO as to the legality, regulatory status, quality, security, value, liquidity, stability, suitability or continued availability of that Digital Asset or related functionality.

8. DELISTING, SUSPENSION AND DISCONTINUATION OF SUPPORT FOR DIGITAL ASSETS

8.1. CEX.IO may, at any time, suspend, restrict, discontinue, delist, disable or refuse support for any Digital Asset, Trading Pair, blockchain network, protocol, wallet functionality, deposit route, withdrawal route, conversion route or other related Service where CEX.IO considers such action necessary or appropriate for legal, regulatory, sanctions, compliance, fraud-prevention, security, market integrity, liquidity, technical, operational, reputational or commercial reasons, including where the relevant Digital Asset or underlying protocol becomes unlawful, restricted, compromised, materially altered, unstable, unsupported, illiquid, impracticable to support or otherwise unsuitable for continued availability on the Platform.

8.2. Where, as a result of any change in Applicable Law, regulatory guidance, enforcement position or market practice in any relevant jurisdiction, the continued offering, trading, conversion, transfer or other support of any Digital Asset or Trading Pair would, in CEX.IO’s reasonable opinion, become unlawful, materially restricted, operationally impracticable or subject to materially more onerous regulatory requirements in relation to any User or category of Users, CEX.IO may, without liability except to the extent required by Applicable Law, suspend, restrict, discontinue or impose conditions on the availability of such Digital Asset, Trading Pair or related Service for the affected User or category of Users. In such circumstances, CEX.IO may require the User to close any open positions, cancel any outstanding Orders, convert the affected Digital Asset into another supported asset where such functionality is lawfully and operationally available, or withdraw the affected Digital Asset balance to an external wallet address or other destination approved by CEX.IO within such period as CEX.IO may reasonably specify. If the User fails to take the required action within the prescribed period, CEX.IO shall be entitled to take such steps as it reasonably considers necessary or appropriate in order to comply with Applicable Law and mitigate legal, regulatory, sanctions, operational or market risk, including maintaining the relevant restriction, disabling further transactions in the affected asset, or taking any other measure expressly permitted under these Terms. 

8.3. Where reasonably practicable and legally permissible, CEX.IO shall endeavour to provide prior notice of any proposed delisting or discontinuation of support for a Digital Asset or related Service. Unless a shorter period is required or justified under these Terms or Applicable Law, such notice period may be up to thirty (30) calendar days, or such other period as CEX.IO reasonably determines having regard to the nature of the relevant risk, the relevant asset, the state of the underlying protocol, market conditions, custody arrangements, legal or regulatory requirements and operational feasibility. Any notice may be given by email, through the Platform, or by any other communication method permitted under these Terms.

8.4. Upon or following the announcement of a delisting, suspension or discontinuation of support, CEX.IO may, with immediate effect or on such phased basis as CEX.IO reasonably determines, suspend or restrict some or all functionalities relating to the affected Digital Asset, including Deposits, purchases, sales, conversions, trading, transfers, custody-related functionality and any associated Trading Pairs. CEX.IO may, where reasonably practicable and operationally feasible, continue to permit Withdrawal of the affected Digital Asset for a limited period following such announcement; provided, however, that CEX.IO shall have no obligation to maintain Withdrawal functionality where doing so would be unlawful, technically impossible, insecure, commercially impracticable or otherwise inconsistent with Applicable Law.

8.5. Where CEX.IO permits a post-notice withdrawal or conversion window, the User shall, within the period specified in CEX.IO’s notice, either: (i) withdraw the affected Digital Asset to an external wallet address or other destination permitted by CEX.IO; or (ii) where such functionality is made available by CEX.IO, convert, sell or otherwise dispose of the affected Digital Asset through the Platform. The User acknowledges and agrees that it is the User’s sole responsibility to act within the period specified by CEX.IO and in accordance with any technical, security, compliance, sanctions, destination-verification or operational conditions imposed by CEX.IO in relation to the relevant Digital Asset or Withdrawal route.

8.6. If, upon expiry of the period specified by CEX.IO pursuant to Clause 8.4, the User continues to hold a balance of the affected Digital Asset on the Platform, CEX.IO may, to the extent legally and operationally permissible and acting reasonably and in good faith, elect to: (i) convert or liquidate the remaining balance into a supported Fiat Currency, stablecoin or other supported Digital Asset designated by CEX.IO; (ii) credit the User with the net proceeds of such conversion or liquidation after deduction of applicable Charges, spreads, network fees, execution costs and any other amounts properly chargeable under these Terms; (iii) where the remaining balance of the affected Digital Asset in the User’s Account is below the applicable minimum withdrawal threshold, constitutes a dust balance, or is otherwise uneconomic or operationally impracticable to process, withdraw or convert, CEX.IO may designate such balance as an unsupported residual balance and write off, remove, extinguish or otherwise close out such remaining balance in accordance with these Terms and CEX.IO’s applicable limits, fees and unsupported-asset policies. The applicable minimum withdrawal thresholds and related requirements for supported Digital Assets are published on the Limits and Commissions, as amended by CEX.IO from time to time; or (iii) place the balance into an unsupported or withdrawal-only status pending such further action as CEX.IO may determine in accordance with these Terms and Applicable Law. Any such conversion or liquidation may be effected at the prevailing market rate, the average execution price reasonably obtained by CEX.IO at or around the time of execution, or such other commercially reasonable rate or methodology as CEX.IO may determine having regard to available liquidity, market conditions, execution practicability and associated costs.

8.7. The User acknowledges and agrees that CEX.IO may delist, suspend or discontinue support for a Digital Asset or related Service with immediate effect and without prior notice where CEX.IO reasonably considers this necessary or appropriate by reason of: (i) a court order, regulatory direction, law-enforcement request or other governmental action; (ii) any actual or reasonably suspected breach of Applicable Law; (iii) sanctions risk, financial crime risk, fraud risk, security risk or market-integrity concerns; (iv) force majeure; or (v) any material failure, exploit, outage, compromise, instability or non-functionality of the relevant service, blockchain, protocol, wallet infrastructure or other third-party dependency. In such circumstances, CEX.IO shall not be obliged to provide any minimum withdrawal period or conversion opportunity. Without prejudice to the foregoing, where the relevant blockchain, protocol, validator set, bridge, wallet infrastructure or related network is non-functional, inaccessible, insecure, unsupported or otherwise incapable of facilitating Transfers or Withdrawals, CEX.IO shall not be liable for any failure to make available the withdrawal period or functionality otherwise contemplated by this Section 8, and the User acknowledges that access to or recoverability of the affected Digital Asset may be delayed, limited or permanently unavailable as a result of such circumstances.

8.8. The User acknowledges and agrees that failure to withdraw, convert, sell or otherwise deal with a delisted Digital Asset within the period specified by CEX.IO may result in: (i) loss of trading, conversion, withdrawal or other functionality in respect of that Digital Asset; (ii) conversion or liquidation of the remaining balance; (iii) treatment of the balance as an unsupported residual balance; or (iv) where lawful and operationally necessary, the User no longer being able to access or recover the affected Digital Asset in its original form.

8.9. CEX.IO may, at any time and without prior notice where reasonably necessary, cease support for any Trading Pair involving a Digital Asset, whether or not the underlying Digital Asset itself remains supported on the Platform. The discontinuation of a Trading Pair shall not, of itself, oblige CEX.IO to discontinue support for the underlying Digital Asset, nor shall continued support for a Digital Asset oblige CEX.IO to maintain any particular Trading Pair, conversion route or market.

8.10. Any notice given by CEX.IO under this Section 8 shall be deemed duly given when sent or made available in accordance with Section 27 of these Terms. The User’s failure to read, access or receive any such notice by reason of the User’s mailbox settings, spam filters, unsubscribing preferences, failure to monitor the registered email address or Platform notifications, or any other matter within the User’s control, shall not invalidate the notice or prevent it from taking effect in accordance with these Terms.

9. FORKS, NETWORK SPLITS AND RELATED PROTOCOL EVENTS

9.1. The User acknowledges and agrees that any Digital Asset supported on the Platform may be affected by one or more changes to the rules, source code, governance, validation method, consensus mechanism, transaction format, smart contract logic or other operating characteristics of the underlying blockchain network, protocol or related infrastructure, including any fork, chain split, airdrop, network migration, redenomination, rebase, bridge event, wrapped-asset event, validator event, protocol upgrade, software patch, emergency intervention or other similar occurrence (each, a “Protocol Event”).

9.2. A Protocol Event may result in, among other things, the creation of multiple versions of the relevant blockchain or Digital Asset, competing networks, duplicate balances, altered transaction histories, changes to ticker symbols, changes to network support, delays, instability, security vulnerabilities, replay risk, market dislocation, loss of value, loss of liquidity, loss of transferability, or the creation of rights, assets, entitlements or claims that are not supported by CEX.IO. The User acknowledges and accepts that any such consequences may materially and adversely affect the value, functionality, availability, transferability or recoverability of the relevant Digital Asset.

9.3. CEX.IO shall have no obligation to monitor for, anticipate, support, recognise, implement, facilitate, credit, distribute or enable any Protocol Event or any resulting asset, chain, network, forked asset, airdropped asset, governance right, staking right, derivative entitlement or other related feature.

9.4. In the event of any actual, anticipated or reasonably suspected Protocol Event, CEX.IO may, without liability except to the extent required by Applicable Law, suspend, restrict, delay, condition or disable any Deposit, Withdrawal, transfer, trading, conversion, functionality or Service relating to the affected Digital Asset or network for such period as CEX.IO considers necessary or appropriate in order to assess the event, preserve the security and integrity of the Platform, protect Users, comply with Applicable Law and determine what course of action, if any, CEX.IO will take in relation to the affected Digital Asset or network.

9.5. CEX.IO may determine, in its sole operational judgment exercised reasonably and in good faith, whether any forked, split, migrated, upgraded or otherwise affected blockchain network, Digital Asset or related functionality will be supported, recognised, credited, made available or continue to be supported on the Platform, and may determine the timing, manner and scope of any such support. In making any such determination, CEX.IO may take into account such factors as it considers relevant, including legal and regulatory considerations, sanctions risk, security, technical stability, replay protection, custody support, market liquidity, market integrity, naming conventions, ticker symbols, user safety, network adoption, validator or miner support, developer support, third-party service provider support and any other operational, commercial or risk-related factor.

9.6. Where CEX.IO elects to support one branch, version or implementation of a Digital Asset or network following a Protocol Event, CEX.IO shall have no obligation to support, recognise, credit or make available any alternative or competing branch, version, network, asset or related entitlement. Support for one branch, version or implementation shall not imply support for any other branch, version, implementation, wrapped form, bridged form or related asset.

9.7. Unless CEX.IO expressly notifies the User otherwise in writing or through the Platform, any Digital Asset, entitlement or other item arising from a Protocol Event that is not expressly supported by CEX.IO shall be deemed an unsupported asset or unsupported entitlement for the purposes of these Terms. CEX.IO shall have no obligation to secure, credit, distribute, enable access to, or facilitate any claim, withdrawal, sale, transfer, recovery or other dealing in respect of any such unsupported asset or unsupported entitlement.

9.8. Where CEX.IO does not support, recognise or make available any Digital Asset, entitlement or feature arising from a Protocol Event, the User acknowledges and agrees that the User may have no right to access, receive, recover or realise any value in respect thereof through the Platform, and CEX.IO shall not be liable for any loss, reduction in value, missed opportunity, inability to claim, inability to use, or other consequence arising from or in connection with CEX.IO’s decision not to support or recognise the relevant item.

9.9. Where reasonably practicable and legally permissible, and subject to operational feasibility and security considerations, CEX.IO may give prior notice of a known or anticipated Protocol Event and may specify any action that the User may take before a specified cut-off time, including withdrawal of the affected Digital Asset to an external wallet address or other permitted destination. The User acknowledges and agrees, however, that CEX.IO shall not be obliged to provide any such notice, withdrawal opportunity or cut-off period and that any decision by the User to withdraw assets in anticipation of a Protocol Event shall be taken at the User’s sole risk and responsibility.

9.10. CEX.IO shall have no obligation to complete any Withdrawal, Deposit, transfer or other Instruction in relation to an affected Digital Asset before, during or after a Protocol Event where, in CEX.IO’s reasonable opinion, doing so would be unlawful, insecure, technically impracticable, operationally burdensome, inconsistent with Applicable Law, contrary to CEX.IO’s internal controls, or otherwise likely to expose CEX.IO or any User to undue risk or loss.

9.11. Nothing in this Section 9 shall oblige CEX.IO to support any particular naming convention, ticker symbol, valuation methodology, allocation methodology, record date, snapshot, balance determination method or distribution method in relation to any Protocol Event or any resulting Digital Asset, nor shall CEX.IO be required to adopt the determination, naming or treatment used by any other exchange, custodian, issuer, protocol participant, market data provider or third party.

9.12. The User acknowledges and agrees that any decision by CEX.IO under this Section 9 shall be final and binding for the purposes of the Platform and the Services, save to the extent otherwise required by Applicable Law.

10. SCOPE OF THE SERVICES

10.1. Subject at all times to these Terms, Applicable Law, successful onboarding and verification, product availability, operational capacity and any eligibility criteria communicated by CEX.IO from time to time, CEX.IO may make available to you one or more of the following Services through the Platform:

(a) the opening, maintenance and operation of an Account;

(b) the holding, administration and/or technical support of supported Digital Asset balances and related wallet functionality;

(c) Fiat Currency and Digital Asset deposits and withdrawals, where supported;

(d) spot trading, purchase, sale, exchange and conversion of supported Digital Assets and Fiat Currency;

(e) order placement, execution, matching, routing, settlement and related trading functionality in respect of supported Trading Pairs;

(f) internal transfers, account-to-account movements and other transfer functionality, where supported;

(g) API connectivity and other technical access tools; and

(h) any other products, tools, features or functionalities that CEX.IO may designate as part of the Services from time to time. 

10.2. CEX.IO may, at any time and without incurring liability except as required by Applicable Law, add, modify, restrict, suspend, discontinue, delist, replace or withdraw any Service, Digital Asset, Trading Pair, transfer route, feature or functionality, whether generally or in relation to a particular User, jurisdiction, transaction type or category of activity. Nothing in these Terms shall be construed as obliging CEX.IO to continue to support any specific Service, Digital Asset, blockchain, protocol, Trading Pair or payment method for any minimum period. No provision of this Section shall be interpreted as a commitment by CEX.IO to accept every Order or Instruction, to make any market, to maintain uninterrupted access to the Platform, to ensure the continued support of any Digital Asset or blockchain, or to provide Services in any jurisdiction or to any person on an unconditional basis.

10.3. CEX.IO shall have the right to establish and apply limits, thresholds, velocity checks, cooling-off periods, settlement holds, withdrawal holds, whitelisting requirements, transaction monitoring rules, geolocation controls, account tiering, concentration limits, asset-specific conditions, pricing protections, minimum and maximum transaction sizes and other controls in relation to the Services, whether generally or specifically in relation to any User, product, jurisdiction, payment method, wallet, asset or transaction type.

10.4. 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 to maintain the integrity, safety and accuracy of User’s funds during the migration process;
• suspension of creation of new Orders to maintain stability and consistency in the order book;
• cancellation of open Orders. All or some part of open Orders may be cancelled during the migration process to prevent conflicts with system upgrades and ensure a seamless transition; and
• 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.

10.5. 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 minimise 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.

11. INSTANT BUY / SELL

11.1. CEX.IO may make available to eligible Users a functionality enabling the purchase of supported Digital Assets through a transaction flow designated by CEX.IO as the “Instant Buy” service, and a functionality enabling the sale of supported Digital Assets through a transaction flow designated by CEX.IO as the “Instant Sell” service. The Digital Assets, Fiat Currencies, payment methods, limits, jurisdictions and other parameters applicable to the Instant Buy and Instant Sell services shall be determined by CEX.IO from time to time. 

11.2. The terms “Instant Buy” and “Instant Sell” are product names only and shall not be interpreted as representing, warranting or implying that access to the relevant Service, Account opening, onboarding, verification, customer categorisation, risk acknowledgement, cooling-off period, appropriateness assessment, payment authorisation, payment settlement, compliance review, Order acceptance, Transaction execution, settlement, crediting, debiting, withdrawal or availability of any Digital Asset will occur immediately, without delay or within any particular period.

11.3. Access to and use of the Instant Buy and Instant Sell services shall be subject at all times to these Terms, Applicable Law, financial promotion rules, successful onboarding and verification, customer categorisation, risk warnings, cooling-off periods, appropriateness assessments, payment-method availability, settlement, operational capacity, compliance controls, security controls, product availability, jurisdictional restrictions and any other eligibility, product-specific, transaction-specific or risk-based criteria applied by CEX.IO from time to time.

11.4 Any price, quote, conversion rate, exchange rate, estimated output amount, settlement amount, market information, performance data or other information displayed in connection with the Instant Buy or Instant Sell service is indicative only unless and until the relevant transaction is expressly confirmed by CEX.IO. CEX.IO does not warrant that any displayed price, quote or rate will remain available for any period of time, and the final execution price, conversion rate, settlement amount and applicable Charges may differ from any previously displayed amount as a result of market movement, volatility, slippage, liquidity constraints, changes in fees, third-party costs, processing delays, pricing protections or other relevant factors.

11.5. The Instant Buy and Instant Sell services are execution-only functionalities designed to facilitate the purchase or sale of supported Digital Assets. Neither the availability of any Digital Asset through the Instant Buy or Instant Sell service, nor any information displayed in connection therewith, shall constitute or be construed as a recommendation, endorsement, solicitation or invitation to buy, sell, hold or otherwise transact in any Digital Asset, security, investment or financial instrument, nor as investment advice, financial advice, tax advice, legal advice or any personal recommendation.

12. STAKING

12.1. CEX.IO may make available to eligible Users one or more services enabling participation, whether on a custodial or non-custodial basis, in the transaction validation, consensus, delegation or similar protocol processes of supported proof-of-stake (“PoS”) or similar blockchain networks (together, “Staking”). Such blockchains may allow participating holders of a minimum-required balance of a specific Digital Asset to validate transactions, delegate validation power or otherwise participate in protocol processes and, where applicable, receive amounts generated by the relevant protocol in connection with such participation (“Staking Proceeds”). Staking may include, without limitation: (i) custodial staking, pursuant to which Digital Assets held by or through CEX.IO for the User are staked, delegated, locked, bonded or otherwise committed to the relevant protocol through CEX.IO or one or more third-party validators, node operators, custodians or infrastructure providers; and/or (ii) non-custodial staking or delegation functionality, pursuant to which the User connects, delegates or otherwise interacts with validator infrastructure operated by or on behalf of CEX.IO while retaining control of the relevant wallet and private keys.

12.2. CEX.IO may itself operate, or may arrange for the operation of, validator nodes, node infrastructure, staking infrastructure, delegation infrastructure, custody arrangements, liquidity arrangements, Staking Proceeds calculation or allocation arrangements and other technical or operational components relevant to Staking, either directly or through one or more affiliates, subcontractors, custodians, node operators, infrastructure providers or other third parties, in each case as CEX.IO may determine from time to time. During the times that a CEX.IO validator is selected on a network to run a validator node, CEX.IO provides the services described as Staking.

12.3. The availability of any Staking, supported Digital Asset, supported network, indicative rate, protocol, validator option, unstaking functionality or related feature shall be determined by CEX.IO. CEX.IO may, at any time and without liability except to the extent required by applicable law, add, modify, suspend, discontinue, restrict, delist or refuse support for any Staking, supported Digital Asset, supported network or related functionality.

12.4. By electing to use Staking, the User instructs and authorises CEX.IO to take, or refrain from taking, such actions as CEX.IO reasonably considers necessary or appropriate to enable the relevant staking, delegation, bonding, validator participation, collection, calculation, allocation or crediting of Staking Proceeds, unstaking or related activity, including selecting validators, node operators, service providers, routes, schedules, operational parameters and technical arrangements. To the extent any governance, voting, attestation, delegation, validation or other protocol-level discretion is attributable to staked or delegated Digital Assets through Staking, the User acknowledges and agrees that such discretion may be exercised by CEX.IO or its designated validator or operator without any obligation to seek further instructions from, or obtain separate consent from, the User.

12.5. CEX.IO may act as a node operator or validator on PoS blockchain networks which allow holders of applicable Digital Assets to become delegators. When delegating, a participant stakes Digital Assets and delegates the voting powers attributable to such staked Digital Assets to CEX.IO acting as a validator. This may allow CEX.IO to participate in the governance of selected blockchains. All decisions made by CEX.IO in relation to the relevant PoS blockchains are exempt from any dispute from delegators, save to the extent otherwise required by applicable law.

12.6. In the case of custodial staking, the User acknowledges and agrees that the relevant Digital Assets may be locked, bonded, delegated, committed, transferred within custody arrangements, or otherwise rendered temporarily unavailable for withdrawal, transfer, sale, conversion or other use for such period as is required by the applicable protocol, validator, network rules, custody arrangements, operational constraints, unstaking cycle, queue, cool-down period, unbonding period or any other limitation or delay inherent in the relevant Staking. CEX.IO shall have no obligation to make staked Digital Assets available prior to completion of the applicable unstaking, release or settlement process.

12.7. Non-custodial Staking requires delegating to CEX.IO validation nodes a certain amount of certain Digital Assets. Such delegation shall not involve the transfer of any Digital Assets from the delegator to CEX.IO or vice versa, and any delegated Digital Assets shall at all times remain the property of, and under the control of, the delegator. The delegator can unstake such Digital Assets from the CEX.IO validation node, subject to the rules of the relevant PoS network. Each PoS network has its own rules about the unbonding or lock-up period, meaning the Digital Assets may not be unstaked instantly. CEX.IO, as validator, has no control over this time period and the delegator bears any financial risk arising from price fluctuations during such period. The delegator acknowledges that the delegator remains in full control of the delegator’s keys and seed phrases and is solely responsible for the security of the delegator’s own Digital Assets. In providing non-custodial Staking, CEX.IO does not have control over the Digital Assets of delegators and will not be able to recover such Digital Assets in case of theft or loss.

12.8. The User acknowledges and agrees that Staking Proceeds, indicative rates, projected amounts, frequency of calculation, timing of crediting, eligibility, validator performance, selection frequency, protocol fees, slashing exposure, unbonding periods, queue times and all other economic or operational aspects of Staking are determined by or dependent upon the relevant blockchain protocol, validator arrangements, network conditions, third-party service providers and related technical or market factors, all of which are outside CEX.IO’s control in whole or in part. CEX.IO does not guarantee that the User will receive any Staking Proceeds, any particular amount, any particular rate, or any amount at any particular time. Please read carefully the staking conditions of the respective PoS blockchain.

12.9. For the avoidance of doubt, any Staking Proceeds, if any, are protocol-generated amounts arising from the operation of the relevant network and shall not constitute any bonus, cashback, referral benefit, promotional benefit, marketing benefit or other incentive offered by CEX.IO to invest, buy, sell, hold, stake, transfer, convert or otherwise transact in Digital Assets.

12.10. The amounts generated by Staking are determined by, and subject to, the rules of the relevant PoS blockchain, which may be changed or modified by such PoS blockchain at its sole discretion. CEX.IO has no control over, nor will CEX.IO be liable for, any change made by any PoS blockchain.

12.11. Any annual percentage rate, projected amount, estimated amount, estimated range, historical information or similar information displayed on the Platform or any product page in relation to Staking is indicative only, is not guaranteed, may change at any time without notice, and shall not constitute a promise, warranty or representation by CEX.IO as to future performance or actual Staking Proceeds.

12.12. CEX.IO may charge, retain or deduct fees, commissions, spreads, validator charges, service fees or other remuneration in connection with Staking, including by retaining a portion of any protocol-generated amounts or by separately charging the User’s Account, in each case as disclosed through the Platform, the applicable fee schedule, product page or supplemental terms.

12.13. Unless otherwise specified, Staking Proceeds are usually calculated and updated periodically and may be credited to the User’s Account on a periodic basis. Please refer to the relevant Staking product page for specific indicative rates, operational cycles and other product information for each supported PoS blockchain. Staking may not be available to all Users, in all jurisdictions, or in relation to all supported Digital Assets or all account types. CEX.IO may determine eligibility criteria by reference to jurisdiction, residency, onboarding status, Account standing, sanctions status, tax status, asset type, balance thresholds, validator availability, legal restrictions, regulatory requirements, product design or any other factor that CEX.IO considers relevant.

12.14. The tax treatment of Staking Proceeds is uncertain, and it is the responsibility of the User to determine what taxes, if any, arise from receiving Staking Proceeds. The User is 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 any election to participate in Staking. The User should conduct the User’s own due diligence and consult the User’s own advisers before making any decision to participate in Staking.

12.15. 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:

(a) the User may have exposure to risks relating to third-party platforms, validators, node operators, custodians, infrastructure providers or protocols, which may result in losses;

(b) high price fluctuations of Digital Assets can result in significant losses in a short period of time;

(c) technical anomalies may occur, which may delay or prevent the User from using Staking or performing related transactions, resulting in losses;

(d) any annual percentage rate (“APR”), projected amount, estimated amount or similar information indicated on the Platform for any Digital Asset is not guaranteed and may change at any time due to changes on the relevant blockchain or other factors, which may result in the User not receiving the expected amounts;

(e) market anomalies and unforeseen events may occur, which may result in losses; and

(f) the User warrants that the User has the necessary experience and knowledge to use Staking and understands and acknowledges the potential risks of using Staking. The User should carefully consider and evaluate the User’s financial condition along with the above-mentioned risks before making any decision to use Staking.

12.16. The User acknowledges and agrees that unstaking, undelegation, release, withdrawal or return of staked Digital Assets may be subject to protocol-imposed, validator-imposed, network-imposed or operational waiting periods, delays, queues, lock-ups, unbonding periods or other restrictions, and that the relevant Digital Assets may not become available immediately upon request. CEX.IO shall have no liability for any market loss, missed opportunity, delay or other consequence arising from such restrictions or delays, save to the extent directly caused by CEX.IO’s fraud, wilful misconduct or material breach of these Terms.

12.17. Any further description of Staking, including supported assets, calculation methodology, indicative rates, operational cycles or other product details displayed on the relevant Staking product page or any other relevant product page, shall be for informational purposes only unless expressly incorporated into these Terms, and may be amended, updated, suspended or withdrawn by CEX.IO from time to time.

13. CEX.IO PAY SERVICE

13.1. Subject to your compliance with these Terms and your satisfaction of all applicable eligibility criteria, CEX.IO may allow the User to send or receive certain Digital Assets to or from other eligible CEX.IO Account holders on the Platform through the service referred to as the “CEX.IO Pay Service”, intended for personal use.

13.2. Your use of the CEX.IO Pay Service is strictly conditioned upon (i) your compliance with all eligibility requirements set out in these Terms and (ii) compliance with all applicable laws and regulations in your jurisdiction of residence. The CEX.IO Pay Service is made available to you solely for personal and non-commercial use, and may not be used to send or receive Digital Assets to or from third parties, unless expressly permitted by CEX.IO. You are solely responsible for selecting the recipient of any transfer and for verifying the authenticity, accuracy, and suitability of such recipient. CEX.IO does not select, endorse, or assume any responsibility for the identity, legitimacy, or suitability of any recipient designated by you. Any eligibility verification performed by CEX.IO, including validation of an active Account, jurisdictional support, and the recipient’s verification status, is technical and administrative in nature and does not constitute an endorsement or acceptance of the recipient, nor does it relieve you of your full responsibility for any loss, error, or unauthorized transfer resulting from the recipient you choose.

13.3. CEX.IO expressly reserves the right, in its sole discretion, to establish additional eligibility criteria or restrictions governing your access to or use of the CEX.IO Pay Service. In addition, the availability of the CEX.IO Pay Service is strictly limited to the jurisdictions in which CEX.IO is authorized to provide such services. CEX.IO reserves the right to restrict, suspend, or disable access to the CEX.IO Pay Service, in its sole discretion, in order to maintain compliance with licensing requirements and regulatory obligations.

13.4. Before initiating any Digital Asset transfer through the CEX.IO Pay Service, you may be required to complete and satisfactorily comply with any and all compliance, verification, and due diligence procedures that CEX.IO deems necessary. Failure to satisfy such compliance requirements to CEX.IO’s satisfaction may result in the suspension, delay, or denial of the requested transfer or of your access to the CEX.IO Pay Service.

13.5. To initiate a Digital Asset transfer via the CEX.IO Pay Service (each, a “CEX.IO Pay”), you, as sender, must submit to CEX.IO explicit instructions specifying (i) the type and amount of Digital Assets held in your Account that you wish to transfer, and (ii) the designated recipient for such transfer (the “CEX.IO Pay Instructions”). By providing the CEX.IO Pay Instructions and confirming the transaction, you authorize CEX.IO to execute the transfer of the specified Digital Assets to the recipient you select. You may only initiate a CEX.IO Pay to a user who has a CEX.IO Account and who meets the eligibility criteria to access and use the CEX.IO Pay Service. CEX.IO will perform an automatic eligibility verification prior to executing the transfer and, in the event that the designated recipient does not meet the necessary criteria (e.g., residing in a supported jurisdiction or having completed the required verification procedures), CEX.IO will notify you at the time you initiate the transaction and prevent the submission of the CEX.IO Pay Instructions. You may not proceed with the transaction unless such eligibility conditions are met.

13.6. You represent and warrant that your CEX.IO Account holds sufficient Digital Assets to cover the total amount of the transfer at the time you submit the CEX.IO Pay Instructions. If the available Digital Asset balance in your Account is insufficient to complete the requested CEX.IO Pay, you may choose to use other Digital Assets in your Account to conduct an operation under the Instant Buy/Sell service in order to obtain the amount and type of Digital Assets required for the transfer. Such transactions will be subject to the fees and terms applicable to the Instant Buy/Sell service set out in these Terms.

13.7. You may initiate a Digital Asset transfer to a recipient only if such Digital Assets are supported and authorized for transfer within the jurisdiction applicable to the recipient. CEX.IO reserves the exclusive right, in its sole discretion and without prior notice, to add, restrict, suspend, or remove any Digital Asset from the list of assets eligible for transfer via the CEX.IO Pay Service in any jurisdiction. Prior to executing any CEX.IO Pay, CEX.IO will verify and validate the recipient’s eligibility to receive such transfer. Transfers will be prohibited if the recipient’s CEX.IO Account does not meet the eligibility requirements set by CEX.IO in these Terms, Applicable Law.

13.8. Your access to and use of the CEX.IO Pay Service are subject to transaction limits, which may include, but are not limited to, restrictions on the amount and frequency of CEX.IO Pays that you may initiate in any given period. CEX.IO reserves the right to modify, adjust, or impose such transaction limits at any time, in its sole discretion and in accordance with Applicable Law.

13.9. You acknowledge and agree that upon submission of the CEX.IO Pay Instructions and confirmation of the transaction, CEX.IO will promptly commence processing the transfer. Consequently, the designated Digital Assets may be debited from your CEX.IO Account immediately upon your confirmation. Title and ownership of the Digital Assets transferred through the CEX.IO Pay Service shall pass to the recipient immediately upon successful completion of the transfer.

13.10. You are solely responsible for verifying the accuracy and completeness of all transaction information before submitting the CEX.IO Pay Instructions, as transfers processed through the CEX.IO Pay Service are final and may not be cancelled or reversed, except as determined by CEX.IO in its sole discretion and only if it has the technical capability to perform such cancellation or reversal. You acknowledge and agree that you will bear full responsibility for any inaccuracy or error in the CEX.IO Pay Instructions submitted, and that such errors may result in the irreversible loss of your Digital Assets.

13.11. CEX.IO Payments that you initiate may be reflected as having a “Pending” status in your CEX.IO Account (each a “Pending CEX.IO Payment”). Such Pending CEX.IO Payments may remain in this status for a variable period, depending on factors beyond CEX.IO’s control. Pending CEX.IO Payments will either be ultimately rejected or successfully completed as CEX.IO Payments.

13.12. CEX.IO Payments may fail due to circumstances beyond CEX.IO’s control. In the event that a CEX.IO Payment fails, you will be promptly notified of such failure. You may reinitiate the transfer by submitting new CEX.IO Pay Instructions in accordance with the procedures set forth in these Terms.

13.13. All completed CEX.IO Payments are final and, except as expressly provided herein, are not subject to reversal or cancellation. CEX.IO reserves the sole and absolute discretion to accept or refuse any cancellation request. Acceptance of any cancellation request shall not create any obligation or precedent to cancel future CEX.IO Payments under the same or similar circumstances. CEX.IO reserves the right to cancel or refuse to process any Pending CEX.IO Payments as required by Applicable Law, regulation, court order, or directive of any governmental or regulatory authority to which CEX.IO is subject in any applicable jurisdiction.

13.14. There are no fees charged by CEX.IO for the use of the CEX.IO Pay Service, unless expressly stated otherwise in the Terms or communicated to the User with reasonable prior notice.

13.15. By using the CEX.IO Pay Service, you acknowledge and agree that, for the purpose of facilitating Digital Asset transfers and ensuring accurate identification of transaction counterparties, certain limited identifying information will be disclosed to the recipient of each CEX.IO Pay transaction. Specifically, the recipient will be able to view: (i) your registered first name, (ii) the first letter of your last name, and (iii) your unique CEX.IO user identification number assigned to your CEX.IO Account. CEX.IO does not authorize recipients to use or process this information for any purpose other than the intended transaction. For additional information on how CEX.IO collects, uses, and protects your personal data, please refer to our Privacy Policy.

14. FEES, CHARGES, TAXES AND SET-OFF

14.1. FEES

14.1.1. In consideration of the provision of the Services, the User shall pay to CEX.IO all applicable fees, commissions, network fees, processing fees, withdrawal fees, custody-related charges, maintenance fees, inactivity-related charges, third-party charges and any other amounts payable in connection with the User’s access to or use of the Services (together, the “Charges”), as notified to the User through the Platform, in the applicable fee schedule, quote, order screen, transaction confirmation or otherwise in accordance with these Terms.

14.1.2. CEX.IO may determine and apply different pricing, fee schedules, spreads, conversion rates, transaction costs, service charges, tiers, rebates, minimum charges, minimum commissions and other commercial terms by reference to the relevant Service, asset, Trading Pair, transaction type, payment method, jurisdiction, customer category, account tier, transaction volume, market conditions, liquidity profile, counterparty costs, network conditions, account history, promotional programme or any other relevant factor designated by CEX.IO from time to time.

14.1.3. Unless expressly stated otherwise by CEX.IO in writing, all Charges shall be payable by the User and may be deducted, withheld, netted or debited by CEX.IO from the amount of any Deposit, Withdrawal, credit, settlement amount, proceeds of sale, output amount, available balance or other Funds standing to the credit of the User’s Account, or charged separately to the User’s Account, at such time and in such manner as CEX.IO may reasonably determine having regard to the nature of the relevant Service or Transaction.

14.1.4. Where a quote, indicative rate, conversion rate, price, spread, output amount or settlement amount is displayed to the User prior to execution of a Transaction, CEX.IO may incorporate within such quoted amount one or more components of its remuneration, including any Charges, whether or not separately itemised, provided that the total consideration payable or receivable by the User is disclosed through the relevant transaction flow in accordance with Applicable Law.

14.1.5. CEX.IO may amend, introduce, withdraw, waive, discount or vary any Charges, fee schedule, pricing tier, pricing methodology, charging basis, pricing component or charging procedure from time to time. Any such amendment shall take effect in accordance with these Terms.

14.1.6. CEX.IO may, where appropriate and subject to Applicable Law, make a refund, reimbursement, fee correction or compensatory payment to a User in connection with an error, complaint, service issue, overcharge, loss or other matter requiring remediation or redress. Any such refund, reimbursement, correction or compensatory payment shall be discretionary unless required by Applicable Law, shall not constitute an incentive to invest or transact, and shall not create any entitlement to any future payment, pricing treatment or benefit.

14.1.7. The User shall pay to CEX.IO the applicable Transaction Fee in respect of each completed, partially completed, matched, executed, converted, settled or otherwise processed Transaction, together with any other Charges properly payable under these Terms.

14.1.8. The applicable Transaction Fees, fee tiers, pricing parameters and charging methodologies are published on the Fee Schedule page or otherwise disclosed through the relevant order screen, trade page, quote, transaction flow or confirmation interface made available by CEX.IO from time to time. The User shall review the applicable Charges prior to submitting any Order or Instruction.

14.1.9. Unless otherwise expressly stated by CEX.IO in relation to a particular Service, Order type or Transaction, the Transaction Fee shall be charged and deducted in the quote currency, settlement currency, output currency or such other currency or Digital Asset as CEX.IO may specify through the relevant transaction flow or fee schedule. Without limitation, where the applicable trading pair is expressed in the form Base Currency / quote currency, CEX.IO may charge the Transaction Fee in the currency or asset appearing after the symbol “/”, unless otherwise disclosed to the User before execution. Thus, for BTC/GBP the fee is charged in GBP; for ETH/BTC the fee is charged in BTC.

14.1.10. CEX.IO may apply minimum Transaction Fees, minimum charges, minimum commission amounts, rounding rules, decimal precision rules and fee-calculation conventions in respect of any Transaction or category of Transactions. The minimum transaction fee equals the minimum currency amount. For Fiat Currency, it equals 0.01, and for Cryptocurrency it depends on the currency. The Transaction Fee is charged according to the Rounding Policy described below.

14.1.11. The minimum and maximum price, minimum and maximum Order size, minimum and maximum notional amount, minimum and maximum trade size, and any other execution thresholds or transaction parameters applicable to a Trading Pair, Order type or Service may vary and may be displayed on the Trade Page, order-entry interface or other relevant section of the Platform at the time the User places the relevant Order or Instruction.

14.1.12. For certain Order types, execution methods, products, markets, trading pairs, transaction sizes, customer categories, payment methods, promotional arrangements or other specific circumstances, the applicable Transaction Fee may differ from the standard fees published on the Fee Schedule page. In such cases, the applicable Transaction Fee or the applicable charging basis shall be disclosed to the User before the relevant Order or Transaction becomes binding.

14.2. THIRD-PARTY FEES

14.2.1.The User acknowledges and agrees that Charges may be imposed both by CEX.IO and by third parties, including banking institutions, payment service providers, card issuers, acquirers, card schemes, correspondent banks, custodians, blockchain validators, node operators, bridge operators, exchanges, liquidity providers or other intermediaries. CEX.IO shall have no responsibility for the amount, timing or application of any such third-party charges and may pass them through to the User where applicable.

14.2.2. The User acknowledges and agrees that blockchain networks, validators, miners, node operators, payment systems, banking institutions, card schemes, acquirers, issuers, correspondent banks and other third parties may impose their own fees, charges, spreads, deductions or costs in connection with any Transaction, Deposit, Withdrawal or transfer. Such third-party amounts are separate from CEX.IO’s Charges and may be deducted from the relevant transfer, charged to the User directly, or otherwise applied in accordance with the rules of the relevant third party.

14.2.3. In connection with Digital Asset Transactions, Withdrawals or other blockchain-based activity, CEX.IO may charge or pass through network fees, protocol fees, validator fees, miner fees, gas fees or similar blockchain-related costs incurred in processing or facilitating the relevant Transaction. Any such fee may be estimated, adjusted or determined by CEX.IO by reference to prevailing network conditions, transaction complexity, protocol requirements, routing arrangements, urgency, operational practicability and other relevant factors.

14.3. TAXES

14.3.1. The User shall be solely responsible for determining what taxes, duties, levies, assessments, charges, withholdings, reporting obligations and similar fiscal liabilities arise in connection with the User’s registration for an Account, access to the Platform, use of the Services, holding or transfer of Digital Assets, and each Transaction undertaken by or on behalf of the User.

14.3.2. Unless otherwise required by Applicable Law, all Charges payable by the User to CEX.IO are stated exclusive of any value added tax, goods and services tax, sales tax, use tax or other similar indirect tax, which, where applicable, shall be payable by the User in addition at the prevailing rate.

14.3.3. The User shall provide CEX.IO, upon request, with any tax information, tax forms, tax identification numbers, residency details, self-certifications, controlling-person information, withholding certificates or supporting documentation reasonably required by CEX.IO for tax classification, tax reporting, withholding, information exchange compliance, record-keeping or legal and regulatory purposes.

14.4. SET-OFF AND UNPAID AMOUNTS

14.4.1. If the User fails to pay any amount due to CEX.IO under these Terms when due, CEX.IO may, without prejudice to any other rights or remedies available to it under these Terms or Applicable Law:

• suspend, restrict or terminate the User’s access to the Services or any part thereof;
• deduct, debit, withhold or set off the overdue amount against any Funds, credits, proceeds, entitlements or balances standing to the credit of the User’s Account;
• reverse, cancel or refuse to process any pending Transaction, Withdrawal or other Instruction;
• charge reasonable costs of recovery, including banking, processing, administrative, legal and third-party collection costs; and
• take such further action as may be reasonably necessary to recover the outstanding amount.

14.4.2. Without prejudice to any other rights of CEX.IO under these Terms or Applicable Law, CEX.IO may at any time and without prior notice set off, net, apply or transfer any amount or balance standing to the credit of the User’s Account against any amount, liability, obligation, fee, cost, expense, indemnity claim, negative balance, chargeback exposure, reversal exposure, clawback exposure or other sum due, owing or incurred by the User to CEX.IO, whether present or future, actual or contingent, liquidated or unliquidated, and whether arising under these Terms or otherwise in connection with the Services.

14.4.3. For the foregoing purposes, CEX.IO may convert any amount or balance from one Fiat Currency or Digital Asset into another Fiat Currency or Digital Asset at such market rate, reference rate, commercially reasonable rate or internal conversion rate as CEX.IO may reasonably determine at the relevant time, taking into account prevailing market conditions, liquidity, costs and operational practicability.

14.4.4. Any exercise by CEX.IO of its rights under this Section 14 shall be without prejudice to any other right, remedy or protective measure available to CEX.IO under these Terms or Applicable Law. Nothing in this Section 14 shall exclude, restrict or limit any right of the User to receive such fee disclosures, pre-contract information, transaction confirmations, statements or notices as may be required by Applicable Law, nor shall it permit CEX.IO to impose any Charge that is prohibited by Applicable Law.

15. ROUNDING POLICY

15.1. CEX.IO shall apply rounding, decimal precision and calculation methodologies to prices, fees, balances, conversions, settlements, Transaction amounts and other values processed through the Platform in accordance with the technical parameters of the relevant Service, asset, Trading Pair, payment method and accounting system. Unless otherwise expressly stated by CEX.IO, Fiat Currency amounts shall be rounded to two (2) decimal places, and Digital Asset amounts shall be rounded in accordance with the asset-specific decimal precision supported by CEX.IO from time to time. Any such rounding shall be applied on a consistent, commercially reasonable and operationally necessary basis and may result in minor differences between displayed, estimated and finally processed amounts.

15.2. Where, by reason of the applicable decimal precision, minimum unit size, minimum transferable amount, system limitation or other technical or operational constraint, any fraction, residual amount or de minimis balance cannot be separately processed, displayed, transferred, traded or recorded as an independent entry, CEX.IO may round, aggregate, carry forward, suppress from separate display, or otherwise treat such amount in accordance with its applicable precision standards, dust-balance rules, minimum unit requirements and operational policies as communicated through the Platform from time to time.

15.3. Where the total amount payable, receivable or chargeable in respect of a Transaction is displayed to the User prior to confirmation, CEX.IO shall charge, credit or otherwise apply such amount in accordance with the disclosures made to the User at or before execution, subject only to any subsequent variation expressly permitted under these Terms, Applicable Law or the operational rules of the relevant network or Service.

15.4. To the extent that any rounding, truncation, decimal limitation, minimum unit threshold or other technical constraint results in a dust balance, fractional remainder or other minimum residual amount, such amount may be treated by CEX.IO in accordance with its applicable dust-balance, unsupported-balance and minimum-unit policies as communicated through the Platform from time to time.

15.5. CEX.IO may amend the applicable precision standards, decimal limits, rounding conventions and minimum unit requirements from time to time provided that any such changes shall be communicated or made available to Users in accordance with these Terms, in a clear and prominent manner before taking effect in relation to future Transactions.

16. INACTIVE ACCOUNT, MAINTENANCE AND STORAGE FEES

16.1. An Account shall be considered inactive when the User has not accessed the Account by logging in, nor made any Deposit or Transaction, including, but not limited to, conversions, trades, deposits or withdrawals, for a continuous period exceeding one hundred and eighty (180) calendar days. The inactivity period shall begin on the calendar day immediately following the date of the User’s last recorded activity in the Account. Following such determination, CEX.IO may, in its sole discretion, initiate a structured reactivation process, consisting of monthly electronic communications, including push notifications and/or emails, sent to the User’s registered contact information, expressly designed to inform and incentivize reactivation of the Account. The User shall be duly informed that continued inactivity beyond the specified period may result in the Account being classified as inactive, with the possible imposition of Maintenance Fees and its eventual deactivation pursuant to these Terms. All communications shall be deemed validly delivered upon successful sending to the User’s registered email address, without prejudice to any failure by the User to receive such communications due to technical issues or email filtering measures initiated by the User.

16.2. In the event that the User does not perform any authenticated login to the Account, nor carry out any Deposit, Withdrawal, Transaction or any other form of activity in the Account for a continuous period exceeding twelve (12) calendar months, calculated from the calendar day immediately following the User’s last recorded activity in the Account, CEX.IO shall have the right to designate such Account as inactive (an “Inactive Account”). Prior to making such designation, CEX.IO shall provide the User with written notice, sent to the email address registered with the Account, at least thirty-one (31) calendar days in advance, thereby granting the User a reasonable opportunity to avoid such designation by reactivating the Account through an appropriate affirmative action. If the User does not reactivate the Account within the notice period, CEX.IO reserves the unilateral right to impose a non-refundable Maintenance Fee, reasonably incurred in connection with the maintenance, preservation and safeguarding of the Account pursuant to these Terms. In the event the Maintenance Fee fully depletes or reduces the Account balance to zero, CEX.IO shall be entitled to deactivate and/or formally close the Account.

16.3. In the event that more than twenty-four (24) calendar months have elapsed since the last time the User logged into the Account or carried out any of the activities mentioned, CEX.IO shall have the right, in its sole discretion, to designate such Account as deactivated (a “Deactivated Account”). Following the designation of an Account as a Deactivated Account, CEX.IO may transfer the balance of the Account to a segregated account maintained by CEX.IO, specifically designated for the secure custody of inactive Funds. Such transfer shall be carried out to ensure the security and proper segregation of the User’s Funds. Prior to making the designation as inactive and the transfer, CEX.IO shall notify the User in writing, by sending to the email address registered with the Account, at least thirty-one (31) calendar days in advance. If the User does not reactivate the Account or take any other measure to avoid the designation as inactive within the notice period, CEX.IO shall proceed with the transfer of the Account balance to the segregated account and deactivate the Account.

16.4. For Inactive Account(s) and Deactivated Account(s), CEX.IO shall charge a monthly Maintenance Fee for the maintenance, preservation and administration of the relevant Account and any remaining Funds. The fee for individual Users shall be the greater of 0.3% of the outstanding Account balance or £30 per month, or its equivalent in any other Fiat Currency or Digital Asset. For corporate Users, the Maintenance Fee shall be the greater of 0.5% of the outstanding Account balance or £100 per month, or its equivalent in any other Fiat Currency or Digital Asset. These fees shall be automatically deducted from the User’s Account balance each month. If the Account balance is fully depleted or reduced to zero, or if the Account is formally closed with no remaining balance, Maintenance Fees shall no longer be charged. CEX.IO reserves the right to adjust these fees in the future, upon notice to the User in accordance with these Terms.

16.5. Following deactivation, the Account shall no longer be accessible for any Transaction and any remaining balance shall be held in the segregated account. The User may request the return of the Funds from the Deactivated Account, subject to applicable fees or charges, if any. To reactivate an Inactive Account or Deactivated Account, the User must submit a request from an authorised email address through CEX.IO Support. CEX.IO reserves the right to request updated “Know Your Customer” documentation, including proof of identity, proof of address, a recent photograph and a bank statement. Reactivation of the Account is free of charge for the User. CEX.IO reserves the right to reject the reactivation request if the User does not provide the required documentation or does not meet the applicable compliance requirements.

16.6. Deactivation of the Account does not automatically entail the deletion of the User’s Personal Data. CEX.IO may retain Personal Data for legal, regulatory or compliance reasons, even after deactivation of the Account. For more information on CEX.IO’s data retention practices, please refer to the Privacy Policy.

16.7. CEX.IO reserves the right to continue applying the Maintenance Fee to any remaining Funds transferred to CEX.IO’s internal administrative ledger, holding arrangement or other account used for inactive or deactivated balances, until such Funds are returned, withdrawn, transferred, set off, depleted or otherwise dealt with in accordance with these Terms and Applicable Law. If a Deactivated Account has a zero balance due to the application of Maintenance Fees, it may be formally closed. If the User has remaining Funds within such internal administrative ledger or holding arrangement, such Funds may be transferred back to the Account once it has been reactivated, subject to these Terms and CEX.IO’s applicable verification and compliance requirements.

16.8. In the event that CEX.IO ceases to support a particular Cryptocurrency, the User may be charged a non-refundable Storage Fee for the storage of such Cryptocurrency until the remaining asset is claimed by the User or the Account balance is reduced to zero. CEX.IO shall notify the User in writing of its intention to cease supporting the relevant Cryptocurrency, by sending an email to the address registered with the Account. Such notice shall be sent at least seven (7) calendar days in advance of the termination of support. The Storage Fee, if applicable, shall be calculated and applied in accordance with the current fee rate set by CEX.IO, and shall be non-refundable. The User shall be responsible for recovering the User’s assets before termination of support or depletion of the Account balance.

16.9. CEX.IO reserves the right to convert the User’s Funds from such Cryptocurrency into a Fiat Currency, at CEX.IO’s sole discretion. The User hereby expressly authorises and irrevocably instructs CEX.IO and agrees that, if such conversion is necessary, the User’s Funds will be automatically converted into an appropriate alternative as determined by CEX.IO. In such cases, CEX.IO shall apply the prevailing market rate for the conversion and the User agrees to bear the costs or fees associated with such conversion. The User further agrees that CEX.IO shall not be liable for any loss of value or adverse effects arising from the conversion process. If the User wishes to recover the User’s original Cryptocurrency prior to conversion, the User must do so within the notice period. Following the expiration of the notice period, CEX.IO shall proceed with the conversion and the User acknowledges and agrees that any subsequent recovery, return, remittance or payment in respect of such converted balance shall be made by reference to, and shall not exceed, the Fiat Currency amount determined as at the effective conversion date and time, and that CEX.IO does not guarantee, and shall have no liability for, any subsequent increase in the value of the original Digital Asset, any difference between the conversion price and any later market price, or any inability to recover or return the original Digital Asset following such conversion.

16.10. For the foregoing, the User hereby expressly authorises CEX.IO, without further instruction, to sell, realise or otherwise convert any Digital Assets credited to the Deactivated Account into Pounds Sterling (£) at the prevailing market rate, the average execution price reasonably obtained, or such other commercially reasonable rate or methodology as CEX.IO may determine having regard to available liquidity, market conditions, spreads, execution costs and operational practicability.

16.11. The date and time on which CEX.IO executes or records the relevant conversion shall be the effective conversion date and time for all purposes under these Terms. From that date and time, the User shall cease to have any exposure or entitlement in respect of the relevant Digital Assets in their original form, and CEX.IO shall have no liability for any subsequent increase or decrease in the market value of those Digital Assets, or for any volatility, appreciation, depreciation, yield, fork-related entitlement or similar economic consequence arising after the effective conversion date and time.

16.12. Following such conversion, CEX.IO may hold the resulting balance within the internal administrative ledger or holding arrangement referred to above pending lawful withdrawal, remittance, set-off, deduction of any amounts due under these Terms, or such other treatment as may be permitted by these Terms and Applicable Law. Any such internal administrative segregation or separate recording is solely an operational measure and shall not be construed as creating any trust, fiduciary relationship or regulatory safeguarding arrangement.

16.13. CEX.IO’s prior notice obligation, as specified in these Terms, shall be deemed satisfied from the moment the notice is sent by email to the User’s registered address. CEX.IO shall not assume any liability if the User does not receive such notice due to the User having unsubscribed from CEX.IO’s newsletter, marked CEX.IO emails as “spam” or taken any other action that prevents delivery of such emails. It is the User’s responsibility to keep the User’s contact preferences up to date and to ensure that CEX.IO emails are not blocked, redirected or otherwise not delivered.

16.14. CEX.IO may deduct the Storage Fee from any balance held in the Account.

16.15. CEX.IO reserves the right to amend the Maintenance Fee and/or the Storage Fee, as well as the method by which such fees are charged. In the event of any change, CEX.IO shall notify the User in writing of its intention to amend the Storage Fee or the manner in which it is applied. Such notice shall be sent by email to the User’s registered address at least seven (7) calendar days in advance of the effective date of the changes. The User’s continued use of the Platform following the effective date of such changes shall be deemed acceptance of the updated fees.

17. PAYMENT ORDERS AND INSTRUCTIONS

17.1. The User may, subject to these Terms and the availability of the relevant Service, submit Instructions and Orders through the Platform in such form and by such means as CEX.IO may permit from time to time.

17.2. Each Instruction and Order submitted by the User shall be complete, accurate, lawful and capable of being processed in accordance with the operational rules, technical parameters and compliance requirements applicable to the relevant Service. CEX.IO shall be entitled to rely on the content of any Instruction or Order as submitted and shall have no obligation to investigate whether the same reflects the User’s underlying intention.

17.3. An Instruction or Order shall be deemed received by CEX.IO only when it is actually received by the relevant CEX.IO system in readable form and is capable of being processed, and not merely when it is initiated, transmitted or displayed by the User’s device, browser, software, API integration or other interface.

17.4. CEX.IO shall not be obliged to accept or execute every Instruction or Order submitted by the User and shall not be responsible for any failure to process, execute, match, route or settle any Instruction or Order where such failure, delay or refusal arises from Applicable Law, insufficient balances, technical restrictions, pricing protections, market conditions, unavailable liquidity, unsupported assets or networks, incomplete or inaccurate information, fraud or security concerns, compliance review, sanctions screening, Force Majeure, or any other circumstance in which CEX.IO is entitled under these Terms to refuse or delay the relevant activity.

17.5. CEX.IO may, acting reasonably and in good faith, refuse to accept, process or execute any Instruction or Order, in whole or in part, where:

• the Instruction or Order is incomplete, inaccurate, inconsistent or unclear;
• the relevant balance is insufficient, unavailable, on hold, restricted or subject to prior reservation;
• the relevant Service, asset, network or Trading Pair is unavailable, suspended, restricted or no longer supported;
• the Instruction or Order would breach these Terms, Applicable Law or any internal compliance, sanctions, fraud-prevention, security, operational or risk-management control applied by CEX.IO;
• there is a manifest error, pricing anomaly, technical malfunction, market disruption, data-feed issue, system overload, latency event or other circumstance affecting the integrity or reliability of execution; or
• CEX.IO is otherwise entitled under these Terms to delay, suspend, reject, cancel or condition the relevant activity.

17.6. CEX.IO shall be entitled to rely upon, and act in accordance with, any Instruction, Order, authentication event, API request, communication or other purported instruction received through the User’s Account, credentials, authentication tools, approved devices, API keys, email channel or any other security procedure accepted by CEX.IO, and CEX.IO shall be entitled to treat the same as authentic and binding upon the User unless and until CEX.IO has received notice in accordance with these Terms that the relevant security elements have been compromised or misused and has had a reasonable opportunity to act on such notice.

17.7 The total price paid by the Buyer in respect to each Transaction performed via the Service 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.

17.8. Where the Platform displays an indicative quote, market price, conversion rate, reference rate, estimated output amount, estimated network fee, estimated settlement amount or similar pre-trade information, such information shall be deemed indicative only unless and until CEX.IO expressly confirms execution of the relevant Transaction. CEX.IO does not warrant that any displayed price, quote or rate will remain available for any period of time or that the User will be able to transact at that price, quote or rate.

17.9. The execution price, conversion rate, exchange rate, spread, fee, settlement amount, output amount or other economic term applicable to a Transaction may differ from any previously displayed or expected amount as a result of market movement, volatility, slippage, liquidity constraints, partial execution, changes in network fees, processing delays, routing methodology, pricing protections, third-party costs or any other relevant factor affecting execution or settlement.

17.10. An Order may be subject to minimum and maximum size requirements, price collars, circuit breakers, rate limits, throttling, margin of tolerance, partial execution, queue priority, time-in-force conditions, cancellation limits, order book rules or any other execution parameter, restriction or protection implemented by CEX.IO from time to time.

17.11. Unless expressly stated otherwise by CEX.IO in relation to a particular Service or Order type, the User may not cancel, amend or revoke an Instruction or Order after it has been submitted, accepted for processing, matched, executed, broadcast to the relevant network, or otherwise reached such stage of processing that cancellation, amendment or revocation is no longer reasonably practicable.

17.12. CEX.IO may, but shall not be obliged to, permit the cancellation, amendment or replacement of an Instruction or Order prior to execution or final processing, provided that any such cancellation, amendment or replacement shall take effect only if and when confirmed by CEX.IO through the Platform or otherwise in writing or electronic form.

17.13. A Transaction shall be deemed final and binding on the User once the relevant Order or Instruction has been accepted, matched, executed, processed, settled, broadcast, credited, debited or otherwise recorded by CEX.IO, as applicable to the relevant Service, and the User shall bear all resulting obligations, charges, market risk, network risk and other consequences arising therefrom, subject to Applicable Law and the express provisions of these Terms.

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

17.15. The User acknowledges and agrees that certain Transactions, including blockchain-based transfers, Digital Asset withdrawals, Digital Asset deposits, conversions, spot trades and other network-dependent or market-dependent Transactions, may be irreversible once initiated, executed, broadcast, settled or confirmed, and may be incapable of recall, reversal, cancellation or amendment.

17.16. The User shall be solely responsible for verifying, prior to submission of any Instruction or Order, all relevant Transaction Details, including the asset type, amount, destination wallet address, memo, tag, beneficiary information, bank account details, payment reference, selected network, selected Trading Pair, order parameters, fees, quoted terms and any other data relevant to the Transaction. CEX.IO shall not be liable for any loss arising from inaccurate, incomplete, incompatible or unsupported Transaction Details provided by the User.

17.17. CEX.IO may aggregate, net, split, batch, route, sequence, prioritise, re-route, postpone, partially execute or otherwise process Instructions and Orders in such manner as CEX.IO reasonably considers appropriate for operational efficiency, market execution, risk management, settlement, compliance or technical purposes.

17.18. CEX.IO shall be entitled to debit the User’s Account for the full amount of any Transaction, together with all applicable Charges, at the time of submission, acceptance, execution, settlement or such other time as CEX.IO may reasonably determine in accordance with the nature of the relevant Service or Transaction.

17.19. Where a Transaction is initiated using insufficient available balance, duplicate credit, provisional credit, uncollected funds, funds subject to chargeback risk, funds subject to hold, or any balance later determined not to have been validly credited, CEX.IO may refuse, reverse, cancel, reclaim, net, offset or otherwise unwind the relevant Transaction or any resulting credit, to the extent legally and technically permissible.

17.20. CEX.IO may impose a hold, reserve, settlement period, withdrawal delay, confirmation threshold, blockchain confirmation threshold, reconciliation requirement or other waiting period before treating any Deposit, credit or Transaction as final, available, settled or withdrawable.

17.21. If CEX.IO becomes aware of any manifest error, technical error, duplicated Transaction, mispricing, stale quote, unsupported asset credit, reconciliation discrepancy, erroneous transfer, incorrect booking, or other mistake affecting any Instruction, Order or Transaction, CEX.IO may cancel, void, reverse, correct, reclaim, re-book or otherwise adjust the relevant Transaction, entry or balance in order to restore the intended position.

17.22. CEX.IO may establish and apply rules regarding dust balances, minimum transferable amounts, minimum withdrawal amounts, unsupported residual balances, rounding methodology, decimal precision, fee deduction sequence and treatment of de minimis amounts. Where a balance falls below the applicable minimum threshold or is uneconomic or technically impracticable to process, CEX.IO may restrict the relevant functionality or apply such treatment as is disclosed in the applicable product rules or fee schedule.

17.23. Nothing in this Section shall oblige CEX.IO to accept any minimum volume of Orders, provide continuous market access, maintain any particular asset, Trading Pair, liquidity source or execution methodology, or guarantee execution, settlement or availability of any Service at any particular time or on any particular terms.

18. PAYMENT METHODS

18.1. CEX.IO supports a variety of payment methods, including but not limited to Apple Pay, Google Pay, debit card, bank transfer and any other payment method made available by CEX.IO from time to time, each a “Payment Method”. Any reference to third-party payment methods is for identification purposes only and does not imply sponsorship, endorsement, affiliation or approval by the relevant third-party owner, except where expressly stated

18.2. The User may only use a Payment Method of which the User is the lawful owner or an authorized user. By linking or designating a Payment Method to the User’s Account, the User represents and warrants that the User has full authority to use such Payment Method for Transactions conducted through the Platform. The User is solely responsible for ensuring the legitimacy of any recipient, payee or Transaction the User authorizes.

18.3. By linking, registering, selecting or using a Payment Method in connection with any Transaction, the User represents and warrants that the User has full right, authority and permission to use that Payment Method for the relevant Transaction and authorises CEX.IO and/or its payment service providers to debit the relevant Payment Method and/or the User’s Account for the full amount of the Transaction, including all applicable fees, charges and network costs disclosed in accordance with these Terms.

18.4. Once the User initiates a Transaction, the User may not withdraw or revoke consent to it. Following execution, CEX.IO has no obligation to cancel, withhold or reverse the Transaction, except as required by Applicable Law, network rules or CEX.IO’s compliance obligations.

18.5. Once a Transaction has been executed or otherwise confirmed by CEX.IO as completed, it becomes final, binding and non-reversible, except as required by Applicable Law or network rules. Submitting a Transaction instruction through the Platform does not guarantee execution, and CEX.IO reserves the right to cancel, reject or delay any Transaction that cannot be completed due to insufficient funds, network conditions, risk controls or compliance requirements.

18.6. CEX.IO is not responsible for losses arising from errors the User makes in entering payment instruction(s), nor for Transaction(s) the User authorizes that are later disputed as unsatisfactory, delayed or otherwise inconsistent with the User’s expectations.

18.7. For any Transaction, once submitted by the User and accepted by CEX.IO, CEX.IO or its authorized payment processor will debit the User’s designated Payment Method and/or Account balance(s) for the total amount of the Transaction, including any applicable Platform fees and network costs as disclosed at or before execution. The date and time the User initiates an Order may differ from the time the User’s Payment Method or Account balance is charged.

18.8. By using a card, bank transfer or other Payment Method to make Transaction(s), the User expressly acknowledges and agrees that such Transaction(s) may not carry the same consumer protections, rights of reversal or dispute resolution mechanisms that apply to purchases of tangible goods or traditional consumer services. Transactions are inherently final, non-reversible once executed, and may not be refundable, except as required by applicable law or network rules.

18.9. The User recognises 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.

18.10. Notwithstanding anything to the contrary in these Terms, CEX.IO makes no representation, warranty or guarantee that any Order, Transaction, Instruction or request submitted by the User, including those relating to the purchase, sale, exchange, conversion or withdrawal of Digital Assets, will be executed, or executed at any specific time. CEX.IO shall not be liable for any delays, failures, partial executions or non-executions of Orders or Transactions, regardless of the cause, including but not limited to market conditions, technical constraints, price fluctuations, latency, system maintenance, regulatory actions or compliance-related holds. The User acknowledges and accepts that any execution is subject to availability, matching criteria, system integrity and applicable legal and regulatory requirements.

18.11. CEX.IO may be required to cancel or withdraw Withdrawal Transactions already executed at the request of financial institutions, including, but not limited to, banks, that participate in the settlement of such Transactions. In such cases, the User undertakes to cooperate with CEX.IO to determine the reasons for such request.

19. DEPOSITS, WITHDRAWALS AND FUNDING

19.1. Subject at all times to these Terms, Applicable Law, the availability of the relevant Service, the completion of all onboarding, verification and compliance requirements, and any operational or risk controls applied by CEX.IO from time to time, the User may fund the Account and withdraw available balances by such methods, in such currencies and Digital Assets, and subject to such procedures, limits and conditions as CEX.IO may permit from time to time.

19.2. CEX.IO may accept or support Deposits and Withdrawals by bank transfer, payment card, transfer between Accounts, blockchain transfer, wallet transfer, conversion flow or any other funding or withdrawal method designated by CEX.IO from time to time. CEX.IO shall have the right, at any time and without liability except as required by Applicable Law, to add, remove, suspend, restrict or impose conditions on any funding or withdrawal method, Digital Asset, blockchain network, protocol or destination type.

19.3. The User shall ensure that each Deposit and Withdrawal Instruction is complete, accurate, lawful and submitted strictly in accordance with the procedures, directions, technical requirements and compliance requirements specified by CEX.IO from time to time, including in relation to account details, payment references, wallet addresses, network selection, beneficiary information, whitelisting, wallet ownership or control, Travel Rule data and any other Transaction Details.

19.4. CEX.IO shall have no obligation to credit, process, release or make available any Deposit unless and until the relevant funds or Digital Assets have been actually received by CEX.IO, irreversibly credited to the relevant account, wallet or payment channel, sufficiently confirmed, reconciled and cleared, and determined by CEX.IO, acting reasonably and in good faith, to be free from legal, regulatory, sanctions, fraud, security, chargeback, clawback, recall, reversal or operational concerns.

19.5. Any fiat or Digital Asset balance credited to the Account prior to final settlement, final blockchain confirmation, internal reconciliation, chargeback expiry or other finality threshold may be treated by CEX.IO as provisional only, and CEX.IO may place a hold, reserve or usage restriction on all or part of such balance pending completion of the relevant verification, confirmation or settlement process.

19.6. CEX.IO may, acting reasonably and in good faith, require the User to provide additional information, documentation or evidence in relation to any Deposit or Withdrawal.

19.7. CEX.IO may refuse, reject, delay, suspend, reverse where legally and technically possible, or impose conditions on any Deposit or Withdrawal where:

• the relevant Instruction, payment, transfer or wallet interaction is incomplete, inaccurate, inconsistent or unsupported;
• the relevant payment method, bank account, wallet address, network, asset or destination is not supported, has not been verified, is not whitelisted, or is otherwise unacceptable to CEX.IO;
• the relevant Deposit or Withdrawal gives rise to legal, regulatory, sanctions, anti-money laundering, counter-terrorist financing, fraud, security, chargeback, market abuse, tax or operational concerns;
• the relevant fiat or Digital Asset has not been finally received, settled, cleared, confirmed or reconciled;
• the User has breached these Terms or failed to satisfy any applicable compliance or verification requirement; or
• CEX.IO is otherwise entitled under these Terms or Applicable Law to take such action.

19.8. The User acknowledges and agrees that bank transfers, payment card transactions, payment services, blockchain transfers, wallet transfers and other funding and withdrawal methods are subject to the rules, limits, fees, processing times, settlement cycles, restrictions and operational dependencies of the relevant third-party provider, banking and/or financial institution, blockchain network, validator set, protocol or intermediary, and CEX.IO shall not be liable for any delay, rejection, non-delivery, chargeback, recall, reversal, shortfall, loss or failure attributable to any such third party or infrastructure.

19.9. The User shall ensure that any fiat Deposit originates from a bank account, payment account, card or other payment method lawfully used by the User and acceptable to CEX.IO. Where required by CEX.IO, the relevant account or payment method must be held in the User’s own name, under the User’s ownership or control, or otherwise expressly approved by CEX.IO.

19.10. The User represents, warrants and undertakes that any Withdrawal of Digital Assets or Fiat Currency from the Account shall be made only to a destination permitted by CEX.IO and lawfully used by the User. Where required by CEX.IO such destination must be held in the User’s own name, under the User’s ownership or control, previously verified or whitelisted, or otherwise expressly approved by CEX.IO. Nothing in these Terms shall oblige CEX.IO to permit Withdrawals to third-party wallets or accounts, and CEX.IO may, acting reasonably and in good faith, refuse, delay, suspend, condition or reject any Withdrawal Instruction where the proposed destination has not been verified by CEX.IO.

19.11. CEX.IO shall not be liable for any loss, delay or failure arising out of or in connection with:

• the User’s provision of an incorrect, incomplete, incompatible, unsupported or unauthorised bank account, payment reference, wallet address, memo, tag, beneficiary detail or other transaction details;
• the User’s selection of an incorrect blockchain network, protocol, asset or transfer route;
• any transfer of Funds by the User to a third-party or non-owned wallet or account requested or authorised by the User; or
• any refusal, delay, suspension, reversal or non-processing of a Deposit or Withdrawal in circumstances where CEX.IO is entitled under these Terms or Applicable Law to take such action.

19.12. Where a Deposit is made in a Fiat Currency or Digital Asset not supported by CEX.IO, is sent by means not supported by CEX.IO, or is sent without the required payment reference, wallet metadata or other required Transaction Details, CEX.IO may, but shall not be obliged to, use commercially reasonable efforts to identify, recover, return or otherwise deal with the relevant funds or Digital Assets. CEX.IO may charge the User reasonable administrative, recovery, blockchain, legal or third-party costs incurred in connection therewith and gives no representation or warranty that any such recovery or return shall be possible.

19.13. In the event that a Fiat Deposit Order is not completed because the User fails to transfer the relevant Fiat Currency to the Account, or otherwise to complete the funding of such Fiat Deposit Order in the manner prescribed by CEX.IO, within thirty (30) calendar days from the date of creation of the relevant Fiat Deposit Order, CEX.IO shall be entitled, without further notice and without incurring any liability to the User, to reject, cancel and close such Fiat Deposit Order, release any funds, rate, quotation, reservation or operational capacity associated with it, and require the User to submit a new order should the User wish to proceed thereafter.

19.14. CEX.IO may apply minimum and maximum Deposit and Withdrawal thresholds, daily, weekly or monthly limits, rolling limits, velocity checks, account-level limits, asset-specific limits, destination-specific limits, geolocation-based limits, source-of-funds thresholds, confirmation thresholds, reserve periods and any other quantitative or qualitative conditions it reasonably considers necessary or appropriate.

19.15. CEX.IO may impose fees, commissions, spreads, network fees, withdrawal fees, payment processing fees, foreign exchange costs, bank charges, intermediary charges, return fees, recovery fees and other Charges in connection with Deposits and Withdrawals, and shall be entitled to deduct the same from the amount deposited, withdrawn, credited or otherwise processed, or to debit the same separately from the User’s Account, in each case as disclosed in accordance with these Terms.

19.16. Where a chargeback, reversal, return, recall, indemnity claim, dispute or clawback arises in relation to any fiat Deposit, card-funded transaction, payment instrument or funding method used by the User, CEX.IO may, without prejudice to any other right or remedy available under these Terms or Applicable Law, suspend the relevant Account, reverse or cancel any associated credit, recover any corresponding Digital Assets, debit the User’s Account, set off any resulting liability against any balance standing to the credit of the User, and take such other action as CEX.IO reasonably considers necessary to protect its legitimate interests.

19.17. The User acknowledges and agrees that blockchain-based Deposits and Withdrawals may be affected by network congestion, fluctuating transaction fees, mempool conditions, validator performance, chain reorganisations, protocol changes, bridge failures, smart contract vulnerabilities, forks, airdrops, exploits, delays in broadcast, delays in confirmation, failed transfers or other events beyond CEX.IO’s reasonable control. CEX.IO shall not be liable for any resulting loss, delay, failure, reduced amount or non-finality, save to the extent directly caused by CEX.IO’s fraud, wilful misconduct or material breach of these Terms.

19.18. CEX.IO may establish and apply policies regarding unsupported residual balances, dust balances, minimum transferable amounts, minimum withdrawal amounts, fee deduction sequence, conversion of unsupported balances, treatment of delisted or discontinued assets, and deadlines for Withdrawal following suspension or discontinuation of support for any Digital Asset, network or Service.

19.19. Where CEX.IO suspends or discontinues support for any Digital Asset, network, protocol, payment rail or Withdrawal functionality, CEX.IO may specify a period during which the User may withdraw or otherwise deal with the affected balance, subject to Applicable Law and operational feasibility. If the User fails to act within the specified period, CEX.IO may take such action as is provided for under these Terms and reasonably necessary to comply with Applicable Law, manage operational risk and address unsupported balances.

19.20. Nothing in this Section 19 shall oblige CEX.IO to accept any Deposit, process any Withdrawal, support any particular asset, network, protocol, payment method or destination, or make any balance available for use or Withdrawal prior to such time as CEX.IO determines that all applicable legal, regulatory, compliance, security, settlement, reconciliation and operational requirements have been satisfied.

20. INCORRECTLY SENT DEPOSITS AND WITHDRAWALS

20.1. The minimum deposit amount for each Cryptocurrency can be found on the Limits and Commissions page.

20.2. CEX.IO reserves the right, but not the obligation, to recover, at the User’s request, the Cryptocurrency deposit incorrectly sent to the User’s CEX.IO account in certain situations. The detailed process and all conditions of such recovery, together with the Request Form, are available through the Platform or such other channel(s) as CEX.IO may designate.

20.3. 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 £100.00 in the User’s Deposit Cryptocurrency equivalent. This fee will be calculated from the original amount of the User’s Deposit and charged in the Deposit Cryptocurrency.

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

20.5. 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.

20.6. 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.

20.7. CEX.IO also reserves the right, but not the obligation, at the User’s request, to recover in certain situations incorrectly sent Fiat Withdrawals where: (i) the User made a mistake in bank details; or (ii) the beneficiary’s bank is in a high-risk area. The detailed process and all conditions of such recovery together with the Application Form are available through the Platform or such other channel as CEX.IO may designate.

20.8. The User acknowledges and agrees that the attempt to recover the incorrectly sent Fiat Withdrawals incurs a non-refundable fee in the amount of £50.00 (“Recovery Fee”). The User agrees that CEX.IO 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 the Recovery Fee.

20.9. The User acknowledges and agrees that the Recovery Fee will be charged regardless of the recovery outcome as CEX.IO uses significant resources to investigate the case.

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

21. CHARGEBACKS, PAYMENT DISPUTES AND ERRONEOUS CREDITS

21.1. Payment disputes, chargebacks and insufficient funds

21.1.1. The User agrees not to initiate or pursue any chargeback, payment reversal or similar dispute with the User’s financial institution or payment service provider for any Authorized Transaction that has been marked by CEX.IO as pending or complete, regardless of the Payment Method used.

21.1.2. In the event of any refund request, reversal request or chargeback related to an Authorized Transaction, the User remains liable for the full amount, including fees and associated costs. The User authorizes CEX.IO to recover such amounts by debiting any linked Payment Method or offsetting against balances owed to the User, subject to Applicable Law and network rules.

21.1.3. If the initially selected Payment Method is unavailable, declined, or returns insufficient funds, the User authorizes CEX.IO, at its sole discretion, to:

• cancel, suspend, or withhold the relevant Transaction if applicable;
• charge or deduct the amount due from any other Payment Method associated with the Account;
• offset the owed amount by deducting available Fiat Currency or Digital Asset balances held in the Account, including through conversion or liquidation of such assets.

21.1.4. The User agrees to promptly provide any information, documentation, or assistance requested by CEX.IO or its payment service providers in connection with the investigation, resolution, or dispute of any actual or attempted chargeback, payment reversal, or related claim. The User’s failure to cooperate in a timely and complete manner may be deemed a material breach of these Terms and may result in limitation, suspension, or termination of the Account, as well as the implementation of enforcement measures as described herein.

21.1.5. CEX.IO may impose a holding period of up to seven (7) business days on any Digital Asset that the User intends to buy, sell, exchange, or transfer through the Platform. A holding period may be extended, in CEX.IO’s discretion, if additional verification, risk review, or compliance procedures are required. Such holding periods may be applied, at CEX.IO’s sole discretion, to allow for the completion of settlement procedures, verification of the transaction, implementation of anti-fraud safeguards, and fulfilment of other regulatory, legal, or compliance obligations.

21.1.6. In the event of a payment failure or reversal, CEX.IO is under no obligation to reinstate the cancelled or affected Transaction at the original price, terms, or execution conditions. The User hereby waives any claims or entitlements to compensation, loss recovery, or consequential damages arising out of or related to such cancellation, suspension, or adjustment of a Transaction.

21.1.7. The User may not initiate or request a chargeback or reversal based solely on dissatisfaction with the Service, slow execution, market volatility, or a misunderstanding of the nature of Digital Assets. Filing an unfounded or fraudulent chargeback may constitute a material breach of these Terms and may lead to Account suspension, recovery of costs and fees incurred by CEX.IO in defending or reversing the chargeback, or legal action to enforce CEX.IO’s rights. Notwithstanding anything in these Terms, nothing herein limits any rights to dispute unauthorized charges or exercise rights expressly preserved by Applicable Law. CEX.IO may share information about fraudulent or abusive chargeback activity with card networks, issuing banks, and authorized financial institutions pursuant to Applicable Law.

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

21.2. Erroneous credits

21.2.1. In certain cases, due to a technical error, system malfunction, third-party integration fault, or any other internal or external issue(collectively an “Error”), funds or Digital Assets may be incorrectly credited to the User’s Account. This includes situations where CEX.IO has not actually received the corresponding deposit, transfer, or settlement from the originating institution, network, or payment method.

21.2.2. Any such funds or Digital Assets shall be deemed erroneously credited and do not constitute the User’s lawful property, even if the User has already withdrawn, transferred, or converted them (the “Excess Amount”). Such Excess Amount shall remain the property of, or be repayable to, CEX.IO or the relevant rightful party, as applicable, and the User shall promptly notify CEX.IO upon becoming aware of the same and shall not use, transfer, withdraw, dispose of, encumber or otherwise deal with the Excess Amount except as expressly instructed by CEX.IO.

21.2.3. The User expressly agrees and acknowledges that: (i) the User has no entitlement to retain or use any erroneously credited funds; (ii) the User shall, upon becoming aware of such Error or upon request from CEX.IO, promptly return any such funds to CEX.IO and fully cooperate with all recovery efforts; (iii) CEX.IO shall be entitled, without prior notice, to reverse, debit, or withdraw any such erroneously credited funds from the Account, and in the event the balance is insufficient, to debit any other assets, fiat balances, or proceeds held in the Account, including by liquidating Digital Assets to offset the amount owed; (iv) where the erroneously credited funds have been withdrawn or otherwise disposed of by the User prior to recovery, CEX.IO without prior notice may freeze, suspend, or restrict access to the Account and initiate recovery of amounts due, including selling any Digital Assets held in the Account and pursuing all available legal remedies under Applicable Law, which may include civil litigation or referral to appropriate law-enforcement authorities, to recover such funds. CEX.IO’s rights under this clause shall survive termination of these Terms and shall apply retroactively to any such Error incident occurring at any time.

21.2.4. If the User becomes aware of or reasonably suspects that any funds or Digital Assets have been incorrectly credited to the User’s Account due to an Error, the User must promptly notify CEX.IO without undue delay via the communication channels provided on the Platform. Subject to timely notification and full cooperation in the return of such funds or Digital Assets, CEX.IO may, at its sole discretion, issue a goodwill credit, fee waiver, or other Service related benefit. Any such benefit shall be discretionary, non-transferable, and shall not be deemed an obligation, entitlement, or waiver of any rights available to CEX.IO under these Terms or Applicable Law.

21.2.5. If the balances standing to the credit of the User’s Account are insufficient to satisfy in full the Excess Amount and any reasonable costs, charges or losses incurred by CEX.IO in connection with the Error and its correction, the User shall remain liable for the shortfall and shall reimburse CEX.IO immediately upon demand or within such shorter or longer period as CEX.IO may reasonably specify in the relevant notice. If the User fails to make such reimbursement within the period specified by CEX.IO, CEX.IO may, to the extent legally permissible and without prejudice to any other right or remedy available to it, exercise any right of set-off, debit, recovery or enforcement available under these Terms or Applicable Law, including converting, liquidating or realising any available Funds in the User’s Account on a commercially reasonable basis and applying the net proceeds towards discharge of the outstanding liability, together with any applicable fees, third-party costs and reasonable recovery expenses.

21.2.6. The User shall not be entitled to assert, and hereby waives to the fullest extent permitted by Applicable Law, any claim, defence or entitlement based solely on the fact that the Excess Amount was initially reflected in the User’s Account, made available for use, or capable of being withdrawn, where such credit, availability or withdrawal right arose as a result of an Error, mistake, malfunction or other circumstance described in this Section 21. Nothing in this Section 21 shall limit or exclude CEX.IO’s right to pursue recovery of the Excess Amount, together with any related losses, costs, charges, expenses, interest and other sums recoverable at law, by any lawful means available to it, including contractual set-off, restitutionary recovery, injunctive relief, interim relief, tracing, debt recovery proceedings or any other legal or equitable remedy available under the applicable law.

22. SUSPENSION, RESTRICTION AND TERMINATION OF ACCOUNT AND SERVICES

22.1. CEX.IO may, at any time and without liability except to the extent required by applicable law, suspend, restrict, freeze, block, downgrade, close or terminate the User’s Account, the User’s access to the Platform or any Service, any balance, any Deposit, any Withdrawal, any Transaction, any Order, any Instruction, any wallet interaction, any Payment Method, any API access, any Digital Asset, any Trading Pair or any other functionality, in whole or in part, where CEX.IO reasonably suspects or determines that such action is necessary or appropriate for legal, regulatory, sanctions, anti-money laundering, counter-terrorist financing, fraud-prevention, security, operational, market integrity, reputational or risk-management reasons.

22.2. Without limitation to Clause 22.1, CEX.IO may take any action described in this Section 22 where:

• the User has breached, or CEX.IO reasonably suspects that the User has breached, these Terms, any product-specific terms, any applicable policy or any requirement notified by CEX.IO from time to time;
• the User has provided, or CEX.IO reasonably suspects that the User has provided, false, inaccurate, incomplete, outdated, misleading, forged, counterfeit, manipulated, inconsistent, unverifiable or otherwise unsatisfactory information, documentation, explanation, declaration or Instruction;
• the User fails, refuses or delays in providing any information, explanation, declaration, document or evidence requested by CEX.IO for onboarding, verification, ongoing monitoring, Account review, sanctions screening, source-of-funds, source-of-wealth, wallet ownership or control, tax, fraud-prevention, security or other compliance purposes;
• the User ceases to satisfy any eligibility requirement or becomes, or CEX.IO reasonably suspects that the User has become, a Restricted Person or is accessing or using the Platform or any Service from a Restricted Jurisdiction;
• unauthorised access, fraud, market abuse, money laundering, terrorist financing, proliferation financing, sanctions exposure, security compromise, account takeover, misuse of credentials, payment abuse, chargeback abuse or other unlawful, improper or suspicious activity has occurred or is suspected;
• the User has used, or CEX.IO reasonably suspects that the User has used, any Account, wallet, Payment Method, bank account, card, device, credentials, API key, Digital Asset, Fiat Currency or other property without lawful authority or in breach of these Terms;
• the relevant Service, Digital Asset, Trading Pair, blockchain, protocol, wallet infrastructure, payment method, banking rail, third-party dependency or technical infrastructure has become unavailable, unreliable, compromised, unsupported, operationally impracticable, unlawful or subject to legal, regulatory, sanctions, fraud-prevention, security or operational concern;
• such action is necessary or appropriate to comply with Applicable Law, a court order, a regulator, a law-enforcement agency, a competent authority, a payment service provider, a banking partner, a custodian, a card scheme, a sanctions-screening result, a blockchain analytics result or any other binding or risk-based requirement applicable to CEX.IO; or
• such action is otherwise reasonably necessary to protect CEX.IO, its affiliates, its Users, any third party, the integrity of the Platform, the Services or any relevant market.

22.3. Any suspension, restriction, freeze, block or limitation under this Section 22 may include, to the extent reasonably necessary in the circumstances:

• disabling or limiting access to the Account, the Platform, the Services or any part thereof;
• refusing, rejecting, delaying, suspending or cancelling any Order, Instruction, Deposit, Withdrawal, transfer, conversion, trade, payment, wallet interaction or other Transaction;
• disabling Deposits, Withdrawals, trading, transfers, conversions, API access, Payment Methods, wallet functionality or other specific features;
• placing any balance, asset, Transaction, wallet address, Payment Method, device, communication channel, API key, Account or related activity under review, hold or enhanced monitoring;
• requiring additional information, explanations, declarations, documents, undertakings, confirmations, verification steps or security checks;
• limiting the Account to reduced functionality, withdrawal-only functionality or such other restricted status as CEX.IO reasonably determines; and/or
• maintaining any restriction for so long as CEX.IO reasonably considers necessary to complete the relevant review, investigation, verification, remediation, reporting, legal or regulatory process.

22.4. CEX.IO may conduct an Account review at any time where CEX.IO considers this necessary or appropriate for legal, regulatory, sanctions, anti-money laundering, counter-terrorist financing, fraud-prevention, tax, security, operational or risk-management purposes. During any Account review, CEX.IO may take any action described in this Section 22 and may require the User to cooperate fully and promptly provide such information, records, explanations, declarations, documents and assistance as CEX.IO may reasonably request. Failure by the User to cooperate with any Account review may result in continued suspension, restriction, freezing, closure or termination of the Account or any Service.

22.5. CEX.IO may cancel any unconfirmed, incomplete, duplicate, fraudulent, abandoned or improperly opened Account. CEX.IO may also close or deactivate any Account that has remained inactive, dormant, unverified or unsupported for the period specified in these Terms or in any applicable inactivity, maintenance-fee, storage-fee, unsupported-asset or account-closure procedure notified by CEX.IO from time to time.

22.6. CEX.IO shall not be obliged to give prior notice of any suspension, restriction, freeze, block, closure or termination where providing such notice would be unlawful, would prejudice or undermine any investigation, review, legal hold, regulatory process, suspicious activity assessment, fraud-prevention measure, security measure or other legitimate protective action, or would otherwise expose CEX.IO, its Users or any third party to legal, regulatory, sanctions, fraud, security, operational or market-integrity risk.

22.7. Where reasonably practicable and legally permissible, CEX.IO shall endeavour to notify the User of any material suspension, restriction, closure or termination affecting the User’s Account. Any such notice may be provided by email, through the Platform, by in-account notification or by any other communication method permitted under these Terms. CEX.IO shall not be required to disclose any reason, information or document where such disclosure would be unlawful, restricted by Applicable Law, contrary to regulatory expectations, or likely to prejudice any investigation, monitoring activity, security measure, legal hold or risk-management process.

22.8. Suspension, restriction, freezing, blocking or limitation of the Account or any Service shall not operate as a waiver of any right or remedy available to CEX.IO and shall not prevent CEX.IO from subsequently closing or terminating the Account or any Service, maintaining or extending any restriction, reporting to any competent authority, preserving records, exercising any right of set-off, recovering any amount due, or taking any other action permitted under these Terms or Applicable Law.

22.9. The User may request closure of the Account by submitting a request through such channel(s) as CEX.IO may designate from time to time. CEX.IO may require the User to complete such authentication, verification, due diligence, sanctions, fraud-prevention, security and regulatory procedures as CEX.IO reasonably considers necessary before acting upon any such request.

22.10. Any request for Account closure shall be subject to:

• the cancellation, completion, rejection or settlement of all open Orders, pending Transactions, outstanding Instructions and other unsettled activity;
• the payment in full of all fees, commissions, charges, costs, expenses, negative balances, chargebacks, reversals, clawbacks, indemnities and other amounts due, owing or accrued to CEX.IO under these Terms;
• the provision by the User of valid and complete instructions for the withdrawal or transfer of any remaining Fiat Currency and/or Digital Assets standing to the credit of the Account, in each case to a destination permitted by CEX.IO; and
• the completion of any verification, due diligence, sanctions, fraud-prevention, security, legal, regulatory, tax, payment, wallet-ownership or operational review that CEX.IO reasonably considers necessary or appropriate.

22.11. CEX.IO’s acknowledgement of an Account closure request shall not oblige CEX.IO to close the Account immediately and shall not terminate, prejudice, suspend or otherwise affect any ongoing or subsequent investigation, monitoring activity, legal hold, regulatory review, suspicious activity assessment, dispute, chargeback process, payment review, asset-recovery process, cooperation with any competent authority, or any right or remedy available to CEX.IO under these Terms or Applicable Law.

22.12. Upon closure or termination of the Account, the User shall provide valid and complete withdrawal or transfer instructions, including an approved bank account, wallet address or other destination permitted by CEX.IO, in order to enable the return of any remaining balance, subject always to these Terms, Applicable Law, verification requirements, security controls, sanctions screening, financial-crime controls, payment restrictions, network availability, operational feasibility and any other applicable legal, regulatory, compliance or risk-management requirement.

22.13. CEX.IO shall use reasonable efforts to return any remaining available credit balance to the User as soon as reasonably practicable following receipt of valid transfer instructions and completion of all applicable checks. The User acknowledges and agrees that intermediary banks, payment service providers, card schemes, correspondent institutions, blockchain networks, validators, custodians, beneficiary institutions or other third parties may deduct fees, charges, network costs or other amounts from the amount transferred, and that such deductions may not always be capable of being calculated in advance. To the extent such charges are imposed by third parties and are not within CEX.IO’s control, the User shall bear them.

22.14. CEX.IO may deduct, withhold, debit, net or set off from any balance standing to the credit of the User’s Account any fees, commissions, charges, costs, expenses, negative balances, chargebacks, reversals, clawbacks, indemnity claims, transfer costs, recovery costs, safeguarding costs, legal costs, administrative costs, tax-related amounts or other liabilities due, owing or incurred by the User to CEX.IO, including any costs reasonably incurred in connection with the Account, its closure or any post-closure activity, including the return, transfer, recovery or safeguarding of any remaining Fiat Currency or Digital Assets. Where the costs and liabilities associated with closure, termination, return, transfer, recovery or safeguarding exceed the value of the remaining balance, the User shall remain liable to reimburse CEX.IO for the shortfall on demand.

22.15. The User shall not be entitled to close, or purport to close, any Account for the purpose of avoiding payment of any amount due to CEX.IO, evading any verification, due diligence, sanctions, fraud-prevention, anti-money laundering, tax, security or other compliance review, frustrating any investigation, avoiding any chargeback, reversal, clawback or recovery process, or otherwise circumventing these Terms or Applicable Law.

22.16. Where the User fails to provide timely, valid and complete withdrawal or transfer instructions, where the remaining balance is below any applicable minimum threshold, where the relevant asset, payment method, wallet, network or destination is unsupported, unavailable or restricted, or where CEX.IO is unable lawfully, securely or operationally to return or transfer any remaining Fiat Currency or Digital Assets, CEX.IO may retain, restrict, hold, convert, transfer, deal with or dispose of such Fiat Currency or Digital Assets in such manner as is permitted by these Terms and Applicable Law.

22.17. Following suspension, restriction, closure or termination of the Account, termination of the business relationship, or notice by CEX.IO that the User may no longer access or use the Platform or any Service, CEX.IO shall have no obligation to provide continued customer support, Account functionality, technical assistance, transaction processing, asset-recovery assistance, operational assistance, explanations, statements, reports or other support in relation to the closed, suspended, restricted or terminated Account, except to the extent required by Applicable Law, these Terms or as CEX.IO may agree in writing.

Without prejudice to the foregoing, CEX.IO may limit any post-closure or post-termination communication with the User to matters which CEX.IO reasonably considers necessary or appropriate, including authentication, Verification Procedures, return or transfer of any available balance, settlement of outstanding liabilities, legal or regulatory obligations, complaints handling, record-keeping, enforcement of these Terms or cooperation with any competent authority. CEX.IO may require the User to complete further Verification Procedures and provide any information, documents, explanations or confirmations reasonably requested by CEX.IO before responding to or taking any action in relation to any post-closure or post-termination request.

After suspension, restriction, closure or termination of the Account, or after notice by CEX.IO that the User may no longer access or use the Platform or any Service, the User must not initiate or attempt to initiate any Deposit, Withdrawal, transfer, payment, Transaction, wallet interaction or other activity in relation to the Account or any wallet address, payment details or other destination previously associated with the Account. Any Fiat Currency, Digital Asset or other value sent, transferred or attempted to be transferred to CEX.IO, the Account or any associated wallet address or payment channel after such time shall be at the User’s sole risk and may be rejected, returned where legally and technically possible, held, frozen, restricted, investigated, treated as unsupported, applied in or towards any amount due to CEX.IO, or otherwise dealt with by CEX.IO in accordance with these Terms and Applicable Law. CEX.IO shall have no obligation to credit, process, support, recover, trace, return or otherwise deal with any such post-closure or post-termination transfer except to the extent required by Applicable Law.

22.18. Closure, suspension, restriction or termination of the Account shall not automatically entail deletion of the User’s Personal Data. CEX.IO may retain Personal Data, Account records, Transaction records, communications, verification materials and related information for such period as is required or permitted under Applicable Law, the Privacy Policy and CEX.IO’s legal, regulatory, tax, accounting, audit, fraud-prevention, sanctions, security, dispute-resolution and record-keeping obligations.

22.19. Any suspension, restriction, freeze, block, closure or termination of the Account, the Platform or any Service shall not affect any rights, remedies, liabilities or obligations accrued or incurred prior to the effective date of such action, all of which shall survive until fully performed, satisfied or discharged. Without limitation, provisions relating to fees, charges, taxes, set-off, erroneous credits, payment disputes, chargebacks, reversals, clawbacks, indemnities, liability, intellectual property, records, disclosures, privacy, complaints, dispute resolution, governing law, enforcement and any other provision which by its nature is intended to survive shall continue to apply after suspension, restriction, closure or termination.

22.20. Nothing in this Section 22 shall limit or prejudice any other right or remedy available to CEX.IO under these Terms, any product-specific terms, any applicable policy or Applicable Law, including any right to refuse or delay any Transaction, suspend or discontinue any Service, delist or discontinue support for any Digital Asset, correct an error, recover an erroneous credit, exercise set-off, report to any competent authority, seek interim or injunctive relief, or pursue any debt, restitutionary, contractual, legal or equitable remedy.

23. SERVICE AVAILABILITY, MAINTENANCE AND SERVICE DISRUPTIONS

23.1. Subject to these Terms, CEX.IO shall use reasonable skill and care and commercially reasonable efforts to make the Platform and the Services available to the User; however, the User acknowledges and agrees that access to the Platform and the Services may from time to time be unavailable, delayed, interrupted, degraded, suspended or restricted by reason of scheduled maintenance, emergency maintenance, upgrades, repairs, testing, security incidents, capacity constraints, market conditions, blockchain or network events, third-party failures, Force Majeure, legal or regulatory requirements, or other technical and operational circumstances.

23.2. Except as expressly set out in these Terms, and save to the extent that any representation, warranty, condition or undertaking cannot lawfully be excluded or limited under Applicable Law, the Platform and the Services are provided on an “AS IS” and “AS AVAILABLE” basis. CEX.IO does not represent or warrant that the Platform or any Service will be continuously available, uninterrupted, timely, secure, error-free, free from defects, free from harmful code, or capable of supporting any particular Transaction, asset, network, functionality or result at any given time.

23.3. Where a Digital Asset balance is reflected in the User’s Account as supported and available on the Platform, CEX.IO shall, subject to these Terms, use commercially reasonable efforts to enable the User to access the relevant functionality made available by CEX.IO in respect of such Digital Asset, including holding, transfer, conversion, trading or withdrawal functionality, as applicable, save where such functionality is restricted, suspended, discontinued or unavailable in accordance with these Terms, Applicable Law or operational necessity.

23.4. CEX.IO may, at any time and without liability except to the extent required by Applicable Law, suspend, withdraw, restrict or limit access to all or any part of the Platform or the Services where reasonably necessary or appropriate for scheduled maintenance, emergency maintenance, upgrades, repairs, security interventions, incident response, legal or regulatory compliance, fraud-prevention, operational resilience, system integrity or any other legitimate operational reason.

23.5. Where reasonably practicable and legally permissible, CEX.IO shall endeavour to provide prior notice of any scheduled maintenance or material planned interruption affecting the Platform or the Services. The User acknowledges and agrees that advance notice may not be possible in the case of emergency maintenance, urgent security measures, incidents, third-party outages or other circumstances outside CEX.IO’s reasonable control. CEX.IO may make available service-status information, maintenance notices, incident updates or similar information through the Platform or such other communication channels as CEX.IO may designate from time to time. Any such information is provided for convenience only and nothing in these Terms shall oblige CEX.IO to maintain any particular public status page, notification channel or update frequency.

23.6. 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:

(a) suspension of User internal transfers within CEX.IO products to maintain the integrity, safety and accuracy of User’s funds during the migration process;

(b) suspension of creation of new Orders to maintain stability and consistency in the order book;

(c) cancellation of open Orders. All or some part of open Orders may be cancelled during the migration process to prevent conflicts with system upgrades and ensure a seamless transition; and

(d) 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 Policy may apply.

23.7. 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 minimise 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.

23.8. CEX.IO does not guarantee that any Order, Instruction, Deposit, Withdrawal, transfer, trade, conversion, payment or other Transaction will be accepted, processed, executed, matched, settled or completed within any particular period or at all. The submission of any Order or Transaction instruction by the User does not, of itself, constitute a guarantee of execution or completion.

23.9. The User acknowledges and agrees that the availability and performance of the Platform and the Services may depend in part on third-party systems, infrastructure and service providers, including internet service providers, cloud service providers, payment service providers, banking partners, custodians, exchanges, market data providers, telecommunications providers, blockchain networks, validators, node operators, bridge operators and other intermediaries, none of which are under CEX.IO’s control. CEX.IO shall not be liable for any unavailability, delay, interruption, failure or degradation attributable to any such third party.

23.10. The User is solely responsible for maintaining such hardware, software, internet connectivity, devices, browsers, operating systems, security settings and other technical means as are necessary to access and use the Platform and the Services. CEX.IO shall not be responsible for any inability of the User to access the Platform or the Services arising from the User’s own equipment, software, connectivity or technical environment.

23.11. CEX.IO shall not be liable for any loss, delay, failed Transaction, missed opportunity, price movement, market movement, data loss or other damage arising out of or in connection with any interruption, suspension, restriction, degradation, delay or unavailability of the Platform or the Services.

23.12. CEX.IO may, from time to time, make available to selected Users certain beta, pilot, preview, test, limited-release or experimental products, services, features or functionalities. Any such feature may be subject to additional eligibility criteria, separate terms, limited availability, reduced functionality, restricted support, enhanced monitoring, increased operational risk and change or withdrawal at any time, with or without notice, to the fullest extent permitted by Applicable Law. Unless expressly stated otherwise by CEX.IO, beta, pilot, preview, test, limited-release or experimental features are provided on an “AS IS” and “AS AVAILABLE” basis and may not be relied upon as forming part of the standard or continuing Services.

24. API, MOBILE APPLICATIONS AND RELATED TOOLS

24.1. Subject to any additional requirements imposed by CEX.IO from time to time, the User may be permitted to access or use an application programming interface or other automated connectivity solution made available by or on behalf of CEX.IO (the “API”). Any such access shall be personal, limited, non-exclusive, non-transferable, revocable and subject at all times to these Terms, any technical documentation, integration rules, rate limits, security requirements and other conditions notified by CEX.IO from time to time.

24.2. The User shall ensure that any API integration, API-connected application, script, bot, software, infrastructure, algorithm, trading system, middleware, routing tool or third-party solution used by or on behalf of the User:

(a) does not impair, disrupt, overload, damage, compromise, test, scrape, reverse engineer, probe or otherwise interfere with the Platform, the API, any Service, any market, any order book, any account, any user environment or any CEX.IO or third-party system;

(b) complies with all technical documentation, operational rules, rate limits, throughput restrictions, data usage restrictions and security requirements imposed by CEX.IO;

(c) does not create excessive load, abusive traffic, unnecessary polling, duplicate calls, manipulative activity, denial-of-service conditions or any other operational burden on the Platform or the API; and

(d) is not used for any unlawful, manipulative, deceptive, fraudulent, abusive or unauthorised purpose.

24.3. The User shall not, whether through the API or otherwise:

(a) send unsolicited or unlawful communications, malicious code, corrupted data or harmful instructions;

(b) attempt to obtain unauthorised access to any system, network, market data, account, credential, environment or confidential information;

(c) use the API in a manner that infringes any intellectual property right, confidentiality obligation, privacy right or other right of any person; or

(d) use the API to engage in market abuse, market manipulation, wash trading, spoofing, layering, abusive latency strategies, quote stuffing, arbitrage designed to exploit technical faults, or any other conduct prohibited by these Terms or Applicable Law.

24.4. Where the User permits any third party to access the Account or interact with the Platform by means of the API or otherwise, the User shall remain fully liable and responsible for all acts, omissions, Instructions, Transactions, errors, misuse, breaches and losses arising from or in connection with such third-party access or use as if such acts or omissions had been committed by the User.

24.5. The API, any related documentation, credentials, data feeds, schemas, endpoints, technical specifications and all related functionality are provided on an “AS IS” and “AS AVAILABLE” basis, and CEX.IO gives no representation, warranty or undertaking that the API will be continuously available, uninterrupted, latency-free, error-free, compatible with any third-party software or infrastructure, or fit for any particular purpose, save to the extent such representation or warranty cannot lawfully be excluded.

24.6. Without prejudice to any other rights or remedies available to CEX.IO under these Terms or applicable law, CEX.IO may immediately suspend, restrict or terminate the User’s Account access, API access, any API key, any connected application or any relevant functionality where CEX.IO reasonably suspects or determines that the User or any third party acting through the User has breached this Section, compromised security, endangered the Platform, exceeded permitted usage, or otherwise exposed CEX.IO, the Platform, other users or any third party to legal, regulatory, market, security or operational risk.

24.7. Nothing in this Section shall oblige CEX.IO to make the API available to the User, to continue supporting any specific endpoint, function, version, integration or technical feature, or to maintain backward compatibility for any minimum period. CEX.IO may amend, replace, withdraw or deprecate any part of the API, related documentation or technical requirements at any time, subject to Applicable Law and such notice as CEX.IO considers reasonably appropriate in the circumstances.

24.8. 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 in connection with the use of the API or the use of the API by any third party that the User has given access to the API.

25. PLATFORM LICENCE, CEX.IO CONTENT, MARKET DATA AND INTELLECTUAL PROPERTY RIGHTS

25.1. Subject to these Terms, Applicable Law, successful onboarding and any eligibility, jurisdictional, product, technical, operational or risk-based restrictions applied by CEX.IO from time to time, CEX.IO grants the User a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to access and use the Platform, the Services and the CEX.IO Content made available to the User through the Platform solely for the User’s own lawful use and only for the purposes expressly contemplated by these Terms.

25.2. The licence granted under Clause 25.1 is conditional upon the User’s continuing compliance with these Terms, any applicable product-specific terms, CEX.IO’s technical documentation, operational requirements, security requirements, usage limits and any instructions, policies or restrictions notified by CEX.IO from time to time. CEX.IO may suspend, restrict, revoke or terminate such licence at any time where CEX.IO reasonably suspects or determines that the User has breached these Terms or where such action is necessary or appropriate for legal, regulatory, sanctions, fraud-prevention, security, operational, market integrity, reputational or risk-management reasons.

25.3. CEX.IO and/or its licensors own all right, title and interest in and to: (i) the Platform, the Site, the Services and all related interfaces, functionality, software, systems, infrastructure and technology; (ii) all content, materials, text, graphics, layouts, designs, charts, market data, pricing data, quotes, indices, analytics, compilations, databases, database contents, documentation, trade names, trademarks, logos and branding made available on or through them; (iii) the selection, coordination, arrangement and presentation of the foregoing; and (iv) all intellectual property rights, database rights, proprietary rights and confidential information in and to the foregoing (together, “CEX.IO Content”). All CEX.IO Content is protected by copyright, patent, trademark, database rights and other Applicable Law, unless otherwise specified.

25.4. Except for the limited licence expressly granted under Clause 25.1, nothing in these Terms transfers, assigns, licenses or otherwise makes available to the User any right, title or interest in or to the Platform, the Services, the Site, any software, any technology, any CEX.IO Content, any Market Data, any trademark, trade name, logo, domain name, database, proprietary information, confidential information or other intellectual property of CEX.IO, its affiliates or its licensors. All rights not expressly granted to the User under these Terms are reserved by CEX.IO and its licensors.

25.5. Any market data, pricing information, quotes, charts, order book information, reference data, analytics, research materials or similar information made available through the Platform (“Market Data”) is provided solely for informational purposes and for the User’s internal use in connection with the Services. Market Data may be owned by CEX.IO, its affiliates, licensors, exchanges, venues, data vendors or other third parties and may be delayed, indicative, incomplete, inaccurate, interrupted or unavailable from time to time. CEX.IO does not represent or warrant that any Market Data is accurate, complete, current, uninterrupted, error-free or fit for any particular purpose.

25.6. In connection with the Services, the User may access, receive or interact with third-party content, software, data, websites, APIs, integrations or other third-party services. CEX.IO does not control or endorse, and shall not be responsible or liable for, any third-party content or third-party service. The User’s use of any third-party content or third-party service may be subject to separate terms and conditions with the relevant third party, and CEX.IO is not a party to such terms unless expressly stated otherwise.

25.7. The User shall not, and shall not permit, facilitate or enable any third party to:

(a) use any CEX.IO Content, Market Data, Platform functionality or Service in any manner or for any purpose that is unlawful, fraudulent, deceptive, manipulative or otherwise in breach of these Terms or Applicable Law;

(b) use any CEX.IO Content, Market Data, Platform functionality or Service in any manner that infringes, misappropriates or otherwise violates any intellectual property right, database right, confidentiality obligation, privacy right, proprietary right or other right of CEX.IO or any third party;

(c) copy, reproduce, republish, modify, adapt, translate, disassemble, decompile, reverse engineer or otherwise attempt to derive source code, underlying ideas, algorithms, structure, sequence, organisation or technical logic from the Platform, the Services, any software or any CEX.IO Content, except to the extent such restriction is prohibited by Applicable Law;

(d) remove, alter, conceal or obscure any copyright, trademark, proprietary, confidentiality or other rights notice contained in or accompanying any CEX.IO Content;

(e) sell, resell, assign, transfer, distribute, sublicense, lease, lend, publish, disclose, commercially exploit or otherwise make available any CEX.IO Content, Market Data or Platform functionality to any third party, except where CEX.IO has expressly approved such use in writing;

(f) extract, scrape, harvest, mine, index, cache, store, reproduce, reutilise or otherwise exploit any database, database content, Market Data, pricing data, user data or other data made available through the Platform, except as expressly permitted through an approved API or other authorised interface and in accordance with all applicable technical and operational requirements;

(g) use any virus, malware, malicious code, automated process, bot, scraper, spider, parser, harvesting tool, emulator or similar device, routine or mechanism in connection with the Platform, the Services, CEX.IO Content or Market Data, except as expressly permitted through an approved API or other authorised interface;

(h) bypass, disable, avoid, impair, overload, probe, scan, test, interfere with or otherwise circumvent any technical, security, access-control, rate-limit, geolocation, withdrawal-control, fraud-prevention, sanctions-screening or other safeguard implemented by or on behalf of CEX.IO;

(i) access or use any CEX.IO Content, Market Data, Platform functionality or Service in order to develop, build, train, support or operate any product or service that is competitive with the Platform or the Services;

(j) develop, enable or operate any third-party application, integration, widget, embedded tool, service or interface that interacts with the Platform, the Services, CEX.IO Content or Market Data without CEX.IO’s prior written consent, unless such interaction is expressly permitted through an approved API or other authorised interface;

(k) use any CEX.IO Content, Market Data, Platform functionality or Service for the benefit of any person other than the User, except where CEX.IO has expressly approved such use in writing; or

(l) encourage, permit, facilitate or enable any other person or entity to do any of the foregoing.

25.8. Provided that the User has the rights to do so, the User may provide CEX.IO with feedback, suggestions, ideas, requests, recommendations or similar communications relating to the Platform, the Services, CEX.IO Content or any product or functionality (“Feedback”). The User grants to CEX.IO a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable and sublicensable licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, commercialise and otherwise exploit such Feedback for any purpose, without restriction or obligation to compensate the User.

25.9. Nothing in this Section 25 shall operate to exclude, restrict or override any right that the User may have under Applicable Law, including any mandatory right of a lawful user of a computer program or database to the extent such right cannot lawfully be excluded or limited by contract.

25.10. Without prejudice to any other rights or remedies available to CEX.IO under these Terms or Applicable Law, CEX.IO may suspend, restrict or terminate the User’s access to any CEX.IO Content, Market Data or related functionality where CEX.IO reasonably suspects or determines that the User has breached this Section 25 or where such action is otherwise reasonably necessary to protect CEX.IO’s rights, comply with Applicable Law, comply with third-party terms applicable to any CEX.IO Content or Market Data, or protect the integrity, security or operation of the Platform.

26. PROHIBITED USE, MARKET CONDUCT AND ABUSE PREVENTION

26.1. The User shall access and use the Platform and the Services solely for lawful purposes and strictly in accordance with these Terms, Applicable Law and any instructions, policies, restrictions, eligibility criteria or operational requirements notified by CEX.IO from time to time.

26.2. The User shall not, whether directly or indirectly, engage in, attempt to engage in, facilitate, assist, encourage, procure, permit or enable any unlawful, improper, abusive, deceptive, manipulative, unauthorised or prohibited use of the Platform, the Account, any Service, any Digital Asset, any Payment Method, any wallet, any API, any CEX.IO Content or any related functionality.

26.3. Without limitation to Clause 26.2, the User shall not use, or attempt to use, the Platform or any Service for or in connection with:

• money laundering, terrorist financing, proliferation financing, sanctions evasion or any other financial crime;
• fraud, deception, misrepresentation, phishing, social engineering, account takeover, identity theft, theft, extortion, blackmail, bribery, corruption, embezzlement or any other dishonest or unlawful conduct;
• the concealment, movement, layering, conversion, transfer or attempted legitimisation of proceeds of crime or other unlawful assets;
• the submission, uploading, use or reliance upon any false, inaccurate, fictitious, misleading, forged, counterfeit, manipulated, altered, incomplete, unlawfully obtained or otherwise invalid information, documentation, explanation, declaration or Instruction;
• the use of any Account, wallet, Payment Method, bank account, card, device, credentials, API key, Digital Asset, fiat currency or other property that the User is not lawfully entitled to use;
• any unlawful gambling, unlawful payments activity, unauthorised money transmission, unauthorised payment services, unauthorised investment business or any other regulated activity carried on without any required licence, registration, authorisation, approval or exemption;
• any Ponzi scheme, pyramid scheme, high-yield investment programme, “get rich quick” scheme, fraudulent investment arrangement or materially misleading promotional activity;
• any activity involving goods or services that are illegal, or the promotion, offer, sale, purchase, marketing or distribution of which is illegal or restricted under Applicable Law;
• any activity involving illegal, obscene, exploitative or abusive content, including content involving children or minors, sexual exploitation, human trafficking, forced labour, violence, terrorism, extremist activity, unlawful propaganda or material that violates human dignity;
• any activity involving weapons, firearms, ammunition, explosives, controlled military goods, dual-use goods, narcotics, controlled substances, hallucinogens, counterfeit goods, stolen goods, human remains, body parts, protected animals or plants, archaeological findings, embargoed goods or any other goods or services subject to trade restrictions or special legal controls;
• any activity that infringes, misappropriates or otherwise violates any intellectual property right, database right, confidentiality obligation, privacy right, proprietary right or other right of any person;
• any activity that could expose CEX.IO, its affiliates, any User or any third party to legal, regulatory, tax, sanctions, financial-crime, fraud, security, operational, market integrity or reputational risk; or
• any other purpose that is unlawful, contrary to these Terms or inconsistent with the intended operation of the Platform or the Services.

26.4. The User represents and warrants, on a continuing basis, that: (i) the Fiat Currency, Digital Assets, Payment Methods, wallet addresses, bank accounts, cards, devices, credentials and other property used by the User in connection with the Services are used lawfully by the User; (ii) such property is not derived from, connected with, or intended for any unlawful conduct, including money laundering, terrorist financing, sanctions evasion, fraud or other financial crime; (iii) the User has full right, title, authority and entitlement to use the relevant property, accounts, wallets, Payment Methods and devices; and (iv) the User’s use of the Services and each Instruction submitted by the User does not infringe the rights of any third party and does not breach Applicable Law.

26.5. The User shall not engage in, attempt to engage in, facilitate, assist, encourage, procure or enable any conduct that has the purpose or effect of misleading CEX.IO, other Users, market participants, payment service providers, banking partners, custodians, blockchain analytics providers, competent authorities or any other relevant third party as to the genuine nature of any Account, Order, Instruction, Transaction, market activity, price, liquidity, demand, supply, ownership, control, source of funds, source of wealth, destination of funds, wallet ownership or economic exposure.

26.6. The User shall not engage in, attempt to engage in, facilitate, assist, encourage, procure or enable market abuse, market manipulation or abusive trading conduct of any kind, including wash trading, self-trading intended to create a false or misleading appearance of market activity, matched orders, circular trading, pre-arranged trading, spoofing, layering, quote stuffing, pump-and-dump activity, abusive latency strategies, arbitrage designed to exploit technical faults, or the placement, modification or cancellation of Orders in a manner intended to mislead other market participants or distort price discovery.

26.7. The User shall not knowingly, recklessly or negligently use the Platform or any Service in a manner that could impair, disrupt, overload, damage, disable, compromise or otherwise adversely affect the integrity, performance, security, resilience, availability or reputation of the Platform, any Service, any market, any order book, any API, any database, any wallet infrastructure, any account, any User environment or any related CEX.IO or third-party system.

26.8. Without limitation to Clause 26.7, the User shall not:

• upload, transmit, introduce or deploy any virus, malware, spyware, malicious code, Trojan horse, worm, time bomb, logic bomb, exploit, corrupted data or other harmful software, instruction or device;
• probe, scan, test or attempt to test the vulnerability of the Platform or any related system, network or security control, except with CEX.IO’s prior written authorisation;
• interfere with, circumvent, disable, impair or bypass any authentication, access-control, rate-limit, geolocation, withdrawal-control, security, fraud-prevention, sanctions-screening or other technical or operational safeguard implemented by or on behalf of CEX.IO;
• use any scraper, spider, parser, bot, script, automation tool, emulator or other automated means, except as expressly permitted through an approved API or other authorised interface and in accordance with all applicable technical and operational requirements; or
• carry out any activity that could interfere with any other person’s access to or use of the Platform or the Services.

26.9. The User shall not structure, split, sequence, route, disguise or otherwise arrange Transactions, account activity, wallet activity, payments, Deposits, Withdrawals, device usage, Account ownership or access patterns in a manner intended to evade or circumvent any limit, threshold, review, control, holding period, verification requirement, sanctions control, fraud-prevention measure, Travel Rule requirement, tax reporting requirement, security control or any other legal, regulatory, compliance, risk-management or operational safeguard applied by CEX.IO.

26.10. The User shall not create, operate, control or use any multiple, duplicate, related or linked Accounts, whether directly or indirectly, for the purpose of circumventing these Terms, evading controls, exploiting Promotions, concealing beneficial ownership, facilitating unauthorised intermediation or otherwise obtaining an unfair, improper or unlawful advantage.

26.11. The User shall not use the Platform or any Service on behalf of, for the benefit of, or under the direction of any third party, whether as nominee, undisclosed agent, intermediary, broker, dealer, signal provider, investment manager, trustee, fiduciary, money service business, payment service provider or otherwise, unless such arrangement has been fully disclosed to CEX.IO, expressly approved by CEX.IO in writing and, where applicable, is conducted under all licences, registrations, authorisations, approvals or exemptions required under Applicable Law.

26.12. The User shall not access or use, or attempt to access or use, the Platform or any Service from any jurisdiction, territory or location where such access or use is unlawful, restricted or prohibited, or by using any means intended to conceal, falsify or misrepresent the User’s location, identity, residency, nationality, place of incorporation, place of establishment, beneficial ownership, control or other eligibility criterion.

26.13. CEX.IO may, at any time and without prior notice where reasonably necessary, monitor, review, investigate, analyse, suspend, restrict, reject, cancel, reverse where possible, delay or otherwise take action in relation to any Account, Order, Transaction, Instruction, communication, device, wallet, Payment Method, API access, Digital Asset, balance or activity where CEX.IO reasonably suspects or determines that a breach of this Section 26 has occurred or may occur, or that such action is necessary or appropriate to protect CEX.IO, its affiliates, its Users, the integrity of the Platform or any market, or to comply with Applicable Law.

26.14. Without prejudice to any other rights or remedies available to CEX.IO under these Terms or Applicable Law, where CEX.IO reasonably suspects or determines that the User has breached this Section 26, CEX.IO may:

• refuse to process any Order, Deposit, Withdrawal, transfer or other Instruction;
• cancel, reject, suspend or delay any Order or Transaction not yet settled or finally processed;
• suspend, restrict, freeze or terminate the Account or any Service;
• place any balance, asset, wallet interaction, Payment Method, API access or activity under review or hold;
• require additional information, records, evidence, explanations, declarations or undertakings;
• disqualify the User from any Promotion, rebate, benefit or feature;
• report the matter to any competent authority, law-enforcement agency, payment service provider, banking partner, custodian, market operator, blockchain analytics provider or other relevant third party; and/or
• take any other protective, remedial or enforcement action reasonably considered necessary or appropriate in the circumstances.

26.15. The User shall cooperate fully with any review, inquiry, investigation or remedial process conducted by CEX.IO or on its behalf in connection with this Section 26 and shall promptly provide such information, records, explanations, declarations, documents and assistance as CEX.IO may reasonably request.

26.16. Any breach of this Section 26 shall constitute a material breach of these Terms.

27. COMMUNICATIONS, NOTICES AND ELECTRONIC RECORDS, NOTICES AND COMMUNICATION

27.1. The User acknowledges and agrees that all communications, notices, disclosures, statements, confirmations, alerts, reports, amendments, requests, warnings and other information relating to the Account, the Platform, the Services or these Terms may be provided by CEX.IO in electronic form.

27.2. CEX.IO may communicate with the User by any one or more of the following means:

(a) by email to the email address registered to the User’s Account;

(b) through the Platform, including by in-account message, notification, dashboard alert, pop-up or other electronic interface;

(c) by SMS, telephone call, push notification or other message sent to the mobile number or device associated with the User’s Account;

(d) through any API channel, webhook or other technical communication mechanism made available by CEX.IO; or

(e) by any other electronic or physical means permitted under Applicable Law and reasonably designated by CEX.IO from time to time.

27.3. The User shall ensure that all contact details, delivery channels and communication preferences associated with the Account remain accurate, complete, current and under the User’s control at all times, including the User’s email address, telephone number, postal address, approved devices and any other relevant communication information.

27.4. Any communication, notice or document sent by CEX.IO shall be deemed duly given and received:

(a) if sent by email, at the time of transmission, provided that no error message indicating failed delivery is received by CEX.IO;

(b) if made available through the Platform, at the time it is posted or displayed to the User’s Account or otherwise made accessible through the relevant interface;

(c) if sent by SMS, push notification or similar electronic message, at the time of transmission to the relevant device or number; and

(d) if sent by post or courier, on the second (2nd) Business Day following dispatch within the United Kingdom or, in the case of international delivery, on the fifth (5th) Business Day following dispatch,

unless, in each case, Applicable Law requires a different rule.

27.5. The User acknowledges and agrees that it is the User’s responsibility to monitor the User’s email account, mobile device, API channels and the Platform on a regular basis for communications from CEX.IO, and that failure by the User to review any communication duly sent or made available by CEX.IO shall not affect its validity, effectiveness or enforceability.

27.6. The User hereby consents to the use of electronic communications, electronic signatures, electronic records and electronic storage in connection with the Services and these Terms, and acknowledges that such electronic records shall satisfy any legal requirement that communications be in writing, to the fullest extent permitted by Applicable Law.

27.7. CEX.IO may require the User to acknowledge, accept, confirm or re-confirm certain notices, disclosures, amendments, risk warnings, transaction details or security prompts through the Platform or by other electronic means as a condition of continued access to the Services or to any particular functionality.

27.8. CEX.IO may record, retain, monitor and produce any communications, messages, calls, logs, confirmations, acknowledgements, clicks, consents, instructions, access events and related metadata relating to the User, the Account and the Services in accordance with Applicable Law and the Privacy Policy.

27.9. The User may communicate with CEX.IO only through the contact details, support channels and communication methods designated by CEX.IO from time to time. CEX.IO shall have no responsibility for any communication, instruction, notice or request purportedly sent by the User through an unofficial, obsolete, spoofed, compromised or unauthorised channel.

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

28. MARKETING COMMUNICATIONS AND PERMITTED CAMPAIGNS

28.1. CEX.IO may from time to time make available marketing communications, informational materials, educational content, product updates, service notices, fee information, campaigns or other communications relating to the Platform, the Services or Digital Assets, in each case subject to Applicable Law, regulatory requirements, financial promotion rules, CEX.IO’s internal policies, product availability, jurisdictional restrictions and any eligibility, onboarding, customer categorisation, risk warning, cooling-off, appropriateness assessment or other compliance measure that CEX.IO is required or reasonably considers appropriate to apply.

28.2. CEX.IO shall not be obliged to make available, continue, amend, extend or repeat any communication, campaign, product feature, pricing arrangement, fee arrangement, informational material or educational content for any minimum period or on any unconditional basis.

28.3. Nothing in these Terms, on the Platform, in any communication from CEX.IO or in any campaign shall constitute, or be construed as, investment advice, financial advice, a personal recommendation, an inducement to invest, or a representation that any Digital Asset, Transaction, Service, campaign, pricing arrangement or fee arrangement is suitable, appropriate or available for any particular User.

28.4. CEX.IO will not make available to UK retail clients any monetary or non-monetary incentive to invest in, buy, sell, hold, transfer, stake, convert or otherwise transact in Digital Assets where such incentive is prohibited by Applicable Law or applicable financial promotion rules. Without limitation, CEX.IO may restrict, withdraw, suspend, amend or disapply any communication, campaign,, benefit, pricing arrangement, fee arrangement or other feature where CEX.IO reasonably considers this necessary or appropriate for legal, regulatory, financial-promotion, sanctions, anti-money laundering, counter-terrorist financing, fraud-prevention, tax, security, operational, market integrity, reputational or risk-management reasons.

28.5. Any communication, campaign, product feature, pricing arrangement or fee arrangement shall be subject to any applicable terms, disclosures, limitations, conditions and eligibility criteria made available by CEX.IO from time to time. In the event of any inconsistency between these Terms and any specific terms applicable to the relevant communication, campaign, product feature, pricing arrangement or fee arrangement, the specific terms shall prevail solely in respect of that matter, unless expressly stated otherwise.

29. LIABILITY, LIMITATIONS AND INDEMNITIES

29.1. NOTHING IN THESE TERMS SHALL EXCLUDE, RESTRICT OR LIMIT: (I) ANY LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION OR WILFUL MISCONDUCT; (II) ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE; OR (III) ANY OTHER LIABILITY WHICH CANNOT LAWFULLY BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

29.2. EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS, AND SAVE FOR ANY WARRANTY, REPRESENTATION, CONDITION OR UNDERTAKING WHICH CANNOT LAWFULLY BE EXCLUDED OR LIMITED, CEX.IO GIVES NO REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY, IN RELATION TO THE SERVICES, THE PLATFORM, ANY DIGITAL ASSET, ANY MARKET, ANY TRADING PAIR, ANY BLOCKCHAIN, ANY PROTOCOL, ANY SMART CONTRACT, ANY WALLET INFRASTRUCTURE, ANY THIRD-PARTY PROVIDER OR ANY OUTCOME OF ANY TRANSACTION, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, UNINTERRUPTED AVAILABILITY, ERROR-FREE OPERATION, SECURITY FROM ALL POSSIBLE THREATS, ACCURACY OF THIRD-PARTY DATA, PROFITABILITY, SUITABILITY OR FITNESS OF ANY TRANSACTION FOR THE USER’S OBJECTIVES.

29.3. WITHOUT PREJUDICE TO CLAUSE 29.2, CEX.IO DOES NOT REPRESENT OR WARRANT THAT: (I) ANY TRANSACTION WILL BE EXECUTED AT ANY PARTICULAR PRICE, WITHIN ANY PARTICULAR TIME, OR ON ANY PARTICULAR TERMS; (II) ANY ORDER WILL BE MATCHED, FILLED, CLEARED OR SETTLED IN FULL OR AT ALL; (III) ANY MARKET QUOTATION, PRICE FEED, INDICATIVE PRICE, CONVERSION RATE, VALUATION, MARKET DEPTH INFORMATION OR OTHER MARKET DATA DISPLAYED ON THE PLATFORM IS CONTINUOUSLY AVAILABLE, COMPLETE, CURRENT OR FREE FROM ERROR; (IV) ANY DIGITAL ASSET, STABLECOIN OR TOKEN WILL MAINTAIN ANY PARTICULAR VALUE, PEG, BACKING, RESERVE STATUS, CONVERTIBILITY, REDEMPTION RIGHT, LIQUIDITY PROFILE OR MARKET ACCEPTANCE; (V) ANY BLOCKCHAIN, PROTOCOL, VALIDATOR SET, BRIDGE, SMART CONTRACT OR NETWORK WILL REMAIN AVAILABLE, SECURE, INTEROPERABLE, FINAL, COMPATIBLE OR FREE FROM FORKS, EXPLOITS, CONGESTION, DELAYS, REVERSIONS, GOVERNANCE DISPUTES OR TECHNICAL FAILURE; OR (VI) THE SERVICES WILL BE AVAILABLE IN ANY JURISDICTION, FOR ANY CATEGORY OF USER, OR IN RELATION TO ANY SPECIFIC PRODUCT, ASSET OR FUNCTIONALITY FOR ANY MINIMUM PERIOD.

29.4. SUBJECT TO CLAUSE 29.1, CEX.IO SHALL NOT BE LIABLE TO THE USER, WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, BREACH OF STATUTORY DUTY, RESTITUTION OR OTHERWISE, FOR ANY: (I) INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS; (II) LOSS OF PROFIT, REVENUE, BUSINESS, CONTRACTS, OPPORTUNITY, ANTICIPATED SAVINGS, GOODWILL OR REPUTATION; (III) LOSS OF DATA, CORRUPTION OF DATA OR INTERRUPTION OF BUSINESS; (IV) LOSS ARISING FROM MARKET MOVEMENT, VOLATILITY, ILLIQUIDITY, LOSS OF VALUE OF ANY DIGITAL ASSET, PROTOCOL EVENT, FORK, VALIDATOR FAILURE, BLOCKCHAIN CONGESTION OR NETWORK FAILURE; (V) LOSS ARISING FROM THE ACTS OR OMISSIONS OF ANY THIRD PARTY, INCLUDING ANY BANKING INSTITUTION, PAYMENT SERVICE PROVIDER, CARD ISSUER, CARD SCHEME, ACQUIRER, CUSTODIAN, EXCHANGE, MARKET DATA PROVIDER, INTERNET SERVICE PROVIDER, CLOUD PROVIDER, TELECOMMUNICATIONS PROVIDER, BLOCKCHAIN NETWORK, VALIDATOR, NODE OPERATOR, BRIDGE OPERATOR OR OTHER THIRD-PARTY INFRASTRUCTURE OR INTERMEDIARY; (VI) ANY INACCURATE, INCOMPLETE, INCOMPATIBLE OR INCORRECT INSTRUCTION, WALLET ADDRESS, BANK ACCOUNT DETAIL, PAYMENT METHOD, MEMO, TAG, BENEFICIARY DETAIL OR OTHER TRANSACTION DETAIL PROVIDED BY THE USER; (VII) ANY FAILURE, DELAY, SUSPENSION, REJECTION, REVERSAL OR RESTRICTION OF ANY TRANSACTION, DEPOSIT, WITHDRAWAL OR SERVICE WHERE CEX.IO IS ENTITLED UNDER THESE TERMS TO TAKE SUCH ACTION; (VIII) ANY UNAUTHORISED ACCESS TO THE USER’S ACCOUNT, CREDENTIALS, EMAIL ACCOUNT, DEVICE OR OTHER ACCESS METHOD TO THE EXTENT RESULTING FROM THE USER’S OWN ACTS, OMISSIONS OR SECURITY FAILINGS; (IX) ANY DECISION BY THE USER TO BUY, SELL, HOLD, TRANSFER, STAKE, CONVERT OR OTHERWISE DEAL IN ANY DIGITAL ASSET OR TO USE ANY SERVICE; (X) ANY TAX LIABILITY OR REPORTING OBLIGATION OF THE USER; (XI) ANY USE OF THE API, ANY API INTEGRATION, API-CONNECTED APPLICATION, SCRIPT, BOT, SOFTWARE, INFRASTRUCTURE, ALGORITHM, TRADING SYSTEM, MIDDLEWARE, ROUTING TOOL OR THIRD-PARTY SOLUTION USED BY OR ON BEHALF OF THE USER, EXCEPT TO THE EXTENT SUCH LIABILITY CANNOT LAWFULLY BE EXCLUDED; OR (XII) ANY EVENT OR CIRCUMSTANCE EXPRESSLY ALLOCATED TO THE USER UNDER THESE TERMS OR ANY SEPARATE RISK DISCLOSURE INCORPORATED BY REFERENCE.

29.5. SUBJECT TO CLAUSE 29.1, CEX.IO’S AGGREGATE LIABILITY TO THAT USER ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE ACCOUNT, THE PLATFORM OR ANY SERVICE, WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, BREACH OF STATUTORY DUTY OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF: (I) THE TOTAL AMOUNT OF CHARGES PAID BY THAT USER TO CEX.IO IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; AND (II) £1,000, OR THE EQUIVALENT IN THE RELEVANT FIAT CURRENCY, CALCULATED AT A COMMERCIALLY REASONABLE RATE DETERMINED BY CEX.IO.

29.6. THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION 29 SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND SHALL APPLY IRRESPECTIVE OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, BREACH OF STATUTORY DUTY OR OTHERWISE, AND EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

29.7. THE USER SHALL BE RESPONSIBLE FOR ANY AND ALL DAMAGES CAUSED, AND ALL LIABILITY ACTIONS BROUGHT AGAINST CEX.IO, ARISING OUT OF OR IN CONNECTION WITH THE USER’S INFRINGEMENT OF ANY THIRD-PARTY RIGHTS OR VIOLATION OF ANY APPLICABLE LAWS.

29.8. THE USER SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS CEX.IO, ITS AFFILIATES, AND THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS AND SERVICE PROVIDERS FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, DAMAGES, CLAIMS, DEMANDS, ACTIONS, JUDGMENTS, COSTS AND EXPENSES, INCLUDING REASONABLE LEGAL FEES, ARISING OUT OF OR IN CONNECTION WITH: (I) ANY BREACH BY THE USER OF THESE TERMS; (II) ANY UNLAWFUL, FRAUDULENT, NEGLIGENT OR IMPROPER USE BY THE USER OF THE ACCOUNT, THE PLATFORM OR ANY SERVICE; (III) ANY VIOLATION BY THE USER OF APPLICABLE LAW OR OF ANY RIGHT OF ANY THIRD PARTY; (IV) ANY USE BY THE USER OF ANY PAYMENT METHOD, BANK ACCOUNT, WALLET, DEVICE, CREDENTIALS OR OTHER ASSET WITHOUT LAWFUL AUTHORITY; (V) ANY ACT OR OMISSION OF ANY PERSON TO WHOM THE USER HAS GRANTED ACCESS TO THE ACCOUNT OR PERMITTED TO ACT ON THE USER’S BEHALF; (VI) ANY UNJUSTIFIED CHARGEBACK, REVERSAL, RECALL, CLAWBACK OR PAYMENT DISPUTE ARISING FROM OR IN CONNECTION WITH THE USER’S CONDUCT; (VII) ANY USE OF THE API BY THE USER OR BY ANY THIRD PARTY TO WHOM THE USER HAS GIVEN ACCESS TO THE API; OR (VIII) ANY BREACH BY THE USER OF ANY API, SECURITY, TECHNICAL DOCUMENTATION, RATE LIMIT, INTEGRATION, ACCEPTABLE USE OR OTHER REQUIREMENT APPLICABLE TO THE USER’S ACCESS TO OR USE OF THE API.

29.9. THE USER SHALL TAKE ALL REASONABLE STEPS TO MITIGATE ANY LOSS THAT THE USER MAY SUFFER IN CONNECTION WITH THESE TERMS, THE ACCOUNT, THE PLATFORM OR ANY SERVICE. CEX.IO SHALL NOT BE LIABLE FOR ANY LOSS TO THE EXTENT THAT THE USER HAS FAILED TO TAKE REASONABLE STEPS TO MITIGATE THAT LOSS.

29.10. CEX.IO SHALL NOT BE LIABLE FOR ANY DELAY, FAILURE, INTERRUPTION, SUSPENSION, RESTRICTION OR NON-PERFORMANCE OF ANY OBLIGATION UNDER THESE TERMS TO THE EXTENT CAUSED BY ANY EVENT OR CIRCUMSTANCE BEYOND CEX.IO’S REASONABLE CONTROL, INCLUDING ANY ACT OF GOD, NATURAL DISASTER, EPIDEMIC, PANDEMIC, WAR, TERRORISM, CIVIL UNREST, INDUSTRIAL DISPUTE, GOVERNMENTAL ACTION, CHANGE IN APPLICABLE LAW, INTERRUPTION OF UTILITIES, CYBER INCIDENT, FAILURE OF TELECOMMUNICATIONS, INTERNET OR CLOUD SERVICES, BANKING OUTAGE, PAYMENT SYSTEM FAILURE, BLOCKCHAIN FAILURE, VALIDATOR FAILURE, EXCHANGE OUTAGE OR OTHER THIRD-PARTY INFRASTRUCTURE FAILURE, PROVIDED ALWAYS THAT NOTHING IN THIS CLAUSE 29.10 SHALL EXCLUDE OR LIMIT ANY LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

29.11. ANY RIGHT OR REMEDY OF CEX.IO UNDER THIS SECTION 29 IS IN ADDITION TO, AND SHALL NOT PREJUDICE, ANY OTHER RIGHT OR REMEDY AVAILABLE TO CEX.IO UNDER THESE TERMS OR APPLICABLE LAW.

30. COMPLAINTS, CUSTOMER SUPPORT AND ESCALATION

30.1. If the User has any question, concern, complaint or dispute in relation to the Account, the Platform, the Services or these Terms, the User should first contact CEX.IO through CEX.IO’s official customer support channels and provide such information and supporting materials as are reasonably necessary to enable CEX.IO to review the matter. CEX.IO’s official support channel for personal requests is its secure online live chat made available through the website and mobile application. The Help Centre, website, blog, status page and official social media channels may be used by CEX.IO for general information and updates, but personal account-specific issues should not be pursued through social media.

30.2. For the purposes of these Terms, CEX.IO’s official communication channels include the CEX.IO website, Help Centre, blog, status page, official in-app and web live chat, and official social media channels identified by CEX.IO from time to time. Communications purporting to originate from CEX.IO through any other unofficial, spoofed, obsolete or unauthorised channel shall not be relied upon by the User. 

30.3. The User shall cooperate in good faith with any complaint-handling, review or escalation process and shall promptly provide any information, clarification, records or evidence reasonably requested by CEX.IO in connection with the complaint.

30.4. CEX.IO may reject, defer, suspend or close any complaint or support request where: (i) the complaint is clearly without merit, abusive, repetitive or intended to harass; (ii) where the User fails to provide information reasonably requested by CEX.IO; or (iii) CEX.IO is restricted from engaging further by Applicable Law, legal process, sanctions, fraud-prevention considerations, or another legitimate compliance or security reason.

30.5. Nothing in this Section 30 shall prevent CEX.IO from taking any action otherwise permitted or required under these Terms or Applicable Law while a complaint, review or support request remains pending, including suspending or restricting the Account, refusing or delaying a Transaction, preserving records, or making any report or disclosure to a competent authority.

30.6. The User acknowledges and agrees that the cryptoasset services carried on by CEX.IO Markets UK LTD under these Terms are not within the scope of the jurisdiction of the Financial Ombudsman Service and are not subject to protection under the Financial Services Compensation Scheme, except to the extent expressly required by Applicable Law. Nothing in this Section 30 shall be construed as conferring any complaint right, ombudsman right or compensation-scheme right except to the extent such right is expressly available under Applicable Law.

30.7. Where a complaint relates to a third-party payment service provider, banking partner, card issuer, card scheme, custodian, network participant or other third-party service or infrastructure, CEX.IO may, where reasonably appropriate, direct the User to the relevant third party or coordinate with that third party to the extent reasonably necessary.

30.8. Any complaint, support request or escalation submitted by the User shall be made only through the contact details or support channels officially designated by CEX.IO from time to time. CEX.IO shall have no responsibility for any complaint or notice sent through an unofficial, obsolete, spoofed, compromised or otherwise unauthorised channel. Users who are uncertain whether a channel is genuine should use the secure live chat on the website or mobile app, or consult CEX.IO’s published official channels list.

30.9. CEX.IO may record, retain and use any complaint, support request, call, communication, document, evidence or related material for complaints-handling, quality assurance, training, audit, legal, regulatory, fraud-prevention and dispute-resolution purposes in accordance with Applicable Law and the Privacy Policy.

30.10. The making of a complaint or support request by the User shall not relieve the User of any obligation under these Terms, including the obligation to pay any amount lawfully due, except to the extent otherwise required by Applicable Law or expressly agreed by CEX.IO in writing.

30.11. The submission of a complaint, support request, escalation, email, message or other communication after suspension, restriction, closure or termination of the Account, termination of the business relationship, or notice by CEX.IO that the User may no longer access or use the Platform or any Service, shall not require CEX.IO to reopen the Account, restore access to the Platform or any Service, process any Transaction, accept any Deposit or Withdrawal, provide ongoing customer support, or continue the business relationship with the User. CEX.IO may decline to respond substantively to repetitive, abusive, unsupported, irrelevant or previously answered communications, except to the extent a response is required by Applicable Law or CEX.IO’s applicable complaints-handling obligations.

30.12. Nothing in this Section 30 shall prejudice any right of either party to seek interim relief, injunctive relief, declaratory relief, debt recovery or any other remedy available under these Terms or Applicable Law. 

31. GOVERNING LAW AND DISPUTE RESOLUTION

31.1. These Terms, and any non-contractual obligations arising out of or in connection with them, shall be governed by and construed in accordance with the laws of England and Wales.

31.2. If the User is an individual acting wholly or mainly outside that individual’s trade, business, craft or profession, the choice of the laws of England and Wales under Clause 31.1 shall not deprive the User of any mandatory protections afforded to the User under the laws of the jurisdiction in which the User is domiciled or habitually resident, to the extent that such protections cannot lawfully be excluded or limited by agreement.

31.3. Subject to Clauses 31.2 and 31.4, the courts of England and Wales shall have non-exclusive jurisdiction to settle any dispute, claim or controversy arising out of or in connection with these Terms, the Account, the Platform or any Service, including any question regarding their existence, validity, formation, interpretation, performance, breach or termination and any non-contractual obligations arising out of or in connection with them.

31.4. If the User is an individual acting wholly or mainly outside that individual’s trade, business, craft or profession and is domiciled in any part of the United Kingdom, the User may bring proceedings against CEX.IO in the courts of the part of the United Kingdom in which the User is domiciled or in the courts of England and Wales. CEX.IO may bring proceedings against such User only in the courts of the part of the United Kingdom in which that User is domiciled, except to the extent otherwise permitted by Applicable Law.

31.5. If the User is not an individual acting wholly or mainly outside that individual’s trade, business, craft or profession, the courts of England and Wales shall have exclusive jurisdiction to settle any dispute, claim or controversy arising out of or in connection with these Terms, the Account, the Platform or any Service, including any question regarding their existence, validity, formation, interpretation, performance, breach or termination and any non-contractual obligations arising out of or in connection with them.

31.6. Before commencing formal proceedings, each party shall use reasonable efforts to seek to resolve the relevant dispute through CEX.IO’s complaints and escalation procedures set out in these Terms, except where immediate action is reasonably necessary to preserve rights, seek urgent relief, comply with Applicable Law or avoid prejudice that could not adequately be remedied by damages.

31.7. Nothing in this Section 31 shall prevent CEX.IO from applying at any time to any court of competent jurisdiction for interim, injunctive, protective or conservatory relief, or from taking any action permitted by Applicable Law to protect its rights, assets, systems, confidential information, intellectual property, security interests or regulatory position.

31.8. Without prejudice to any mandatory right of a consumer under Applicable Law, the User and CEX.IO agree that each party shall bring claims against the other only in that party’s individual capacity and not as a claimant or class member in any purported class, collective, representative or group proceeding, to the fullest extent permitted by Applicable Law.

31.9. Time for Bringing Claims. Subject always to any non-excludable rights, statutory limitation periods, regulatory complaint rights, and any rights which may not lawfully be restricted under Applicable Law, each party is expected to notify the other party of any claim arising out of or in connection with these Terms as soon as reasonably practicable after becoming aware of the facts giving rise to such claim. Nothing in these Terms shall operate to exclude, restrict or prejudice any statutory limitation period, mandatory consumer protection right, regulatory complaint right, right to refer a complaint to an applicable ombudsman or competent authority, or any claim which cannot lawfully be excluded or limited.

For Business Users only, and subject to Applicable Law, any contractual claim arising out of or in connection with these Terms must be commenced within one (1) year from the date on which the claiming party became aware, or ought reasonably to have become aware, of the facts giving rise to the claim, provided that this clause shall not apply to claims based on fraud, fraudulent concealment, wilful misconduct, deliberate breach, non-payment of undisputed amounts, indemnity claims, confidentiality breaches, intellectual property misuse, regulatory obligations, or any claim which may not lawfully be limited.

32. PERSONAL DATA, DISCLOSURES AND PRIVACY

32.1. CEX.IO processes Personal Data in accordance with Applicable Law and the Privacy Policy, as amended from time to time. The Privacy Policy is hereby incorporated into and forms an integral part of these Terms by reference.

32.2. By accessing or using the Platform or any Service, the User acknowledges that the User has read and understood the Privacy Policy and that CEX.IO may collect, use, store, disclose, transfer and otherwise process Personal Data in the manner described therein and as otherwise permitted or required by Applicable Law.

32.3. Without prejudice to Clause 32.1, CEX.IO may disclose, share or otherwise make available information relating to the User, the Account, any Transaction and any use of the Services where such disclosure is required or reasonably necessary for the provision of the Services, compliance with CEX.IO’s legal or regulatory obligations, lawful requests of courts or competent authorities, anti-money laundering, counter-terrorist financing, sanctions compliance, fraud prevention, security, tax reporting, enforcement of these Terms, protection of CEX.IO’s rights, or any other purpose described in the Privacy Policy.

The User acknowledges and agrees that CEX.IO does not warrant, represent or undertake that Transactions are anonymous as between all relevant participants or infrastructure providers. While CEX.IO may limit the information disclosed to other Users through the Platform, Transactions and related activity may be visible, traceable, reviewable or attributable by CEX.IO to the extent inherent in the relevant technology, required by Applicable Law, or necessary for the provision, security, investigation or compliance monitoring of the Services.

32.4. CEX.IO may rely on CEX.IO affiliates and third-party service providers, including under outsourcing, subcontracting or other service arrangements, where CEX.IO considers this necessary or appropriate for the efficiency, quality, security, resilience, continuity, maintenance or lawful provision of the Platform and the Services. Subject to Applicable Law and the Privacy Policy, CEX.IO may disclose, transfer, make available or otherwise permit access to Personal Data and other information relating to the User, the Account, any Transaction, any use of the Services and, where relevant, any person connected with the User, including beneficial owners, controllers, directors, officers, employees, authorised signatories, representatives, agents, beneficiaries, payees or other persons whose information is provided to or processed by CEX.IO in connection with the Services.

Such affiliates and third-party service providers may support CEX.IO in relation to technical and security operations, operational support, payment processing, internal controls, customer due diligence, identity verification, background checks, sanctions screening, fraud prevention, risk assessment, transaction monitoring, product development, product maintenance, communications, marketing communications where permitted by Applicable Law, claims administration, complaints handling, customer support, record-keeping, audit, legal and regulatory compliance, enforcement of these Terms and other ancillary services relating to the Platform or the Services.

The information disclosed, transferred, made available or otherwise processed for such purposes may include, without limitation: (i) in respect of an individual, name, address, date and place of birth, nationality, identification information and verification information; (ii) in respect of a legal entity, corporate name, registered office, legal form, registration number, constitutional information, ownership and control information and verification information; (iii) in respect of beneficial owners, controllers, directors, officers, authorised signatories, representatives and other connected persons, identification, verification and contact information; and (iv) in each case, contact details, financial information, Account information, Transaction information, source-of-funds and source-of-wealth information, wallet ownership or control information, device information, usage data, risk data, communication records and any other information reasonably required for the relevant purpose.

Where the User provides or makes available to CEX.IO any Personal Data or other information relating to any beneficial owner, controller, director, officer, employee, authorised signatory, representative, agent, beneficiary, payee or other connected person, the User represents and warrants that the User has the right to provide such information to CEX.IO and shall ensure that such person is informed, where required by Applicable Law, that such information may be processed, disclosed, transferred or made available in accordance with these Terms and the Privacy Policy.

32.5. Further information regarding the categories of Personal Data processed by CEX.IO, the purposes of processing, legal bases, recipients, international transfers, retention periods and the User’s rights in relation to Personal Data is set out in the Privacy Policy.

33. MODIFICATIONS AND AMENDMENTS

33.1. CEX.IO may amend, supplement, restate or otherwise modify these Terms, any policy, any fee schedule, any risk disclosure, any product-specific terms, and any other document incorporated herein by reference from time to time.

33.2. Where CEX.IO makes any material amendment to these Terms, CEX.IO shall provide notice of such amendment in accordance with these Terms and on a durable medium and within such notice period as is required by Applicable Law or, if no such period is prescribed, within a reasonable period before the relevant amendment takes effect.

33.3. CEX.IO may provide notice of any amendment by email, through the Platform, by in-account notification, by posting an updated version of the Terms on the Site, or by any other communication method. The User is responsible for reviewing such notices and the most current version of the Terms.

33.4. Any amendment shall take effect on the date specified in the relevant notice or, if no date is specified, on the date on which the amended Terms are published or otherwise communicated by CEX.IO.

33.5. If the User does not agree to any amendment, the User must cease using the Services and, where applicable, request closure of the Account before the amendment takes effect. Subject to Applicable Law, the User’s continued access to or use of the Platform or any Service after the effective date of an amendment shall constitute the User’s acceptance of the amended Terms.

33.6. Notwithstanding Clause 33.5, CEX.IO may make amendments with immediate effect, without prior notice, where such amendment:

• is required to comply with Applicable Law, a court order, or a requirement or direction of a competent authority;
• relates to the introduction of a new Service, feature or functionality and does not materially and adversely affect the User;
• corrects any obvious error, ambiguity, inconsistency, typographical mistake or drafting defect; or
• is otherwise favourable to the User.

33.7. Nothing in these Terms shall oblige CEX.IO to maintain any particular Service, product, feature, Digital Asset, Trading Pair, payment method or functionality for any minimum period, nor shall it restrict CEX.IO’s right to make such changes.

34. MISCELLANEOUS

34.1. Third-Party Websites, Content and Services. The Site and the Services may contain links to, integrations with, or references to websites, applications, content, software, products or services provided by third parties that are not owned, operated or controlled by CEX.IO. Such links, integrations or references are provided solely for convenience and informational purposes and shall not constitute any endorsement, approval or recommendation by CEX.IO of the relevant third party or of any content, product or service made available by it. CEX.IO does not control and is not responsible for the availability, content, accuracy, legality, security, functionality, terms of use, privacy practices or other policies of any such third-party website, application, content, product or service. The User acknowledges and agrees that access to and use of any third-party website, application, content, product or service shall be entirely at the User’s own risk and may be subject to separate terms, conditions and policies imposed by the relevant third party. To the fullest extent permitted by Applicable Law, CEX.IO shall have no liability arising out of or in connection with the User’s access to, use of, reliance on, or inability to use any such third-party website, application, content, product or service. The User should carefully review the applicable terms of use, privacy policies and other governing documents of any third-party website or service before accessing or using it.

34.2. Conflicts of Interest. CEX.IO is committed to identifying, managing and, where reasonably possible, preventing conflicts of interest in order to protect users and preserve the integrity of the Platform. Potential conflicts of interest may arise between CEX.IO, its affiliates, its shareholders, directors, officers, employees, contractors, service providers and users, or between different groups of users.

34.2.1. CEX.IO maintains internal policies, procedures and controls designed to identify, assess, manage and mitigate conflicts of interest, including organisational separation, compliance oversight, monitoring, escalation and governance arrangements, as CEX.IO considers appropriate having regard to the nature of its business, the Services and Applicable Law.

34.2.2. Where CEX.IO reasonably determines that a conflict of interest cannot be avoided, eliminated or sufficiently mitigated by its internal arrangements, CEX.IO may disclose the general nature and/or source of the relevant conflict to the User.

34.3. Entire Agreement. These Terms, together with the Privacy Policy, the General Risk Disclosure, any applicable fee schedule, product-specific terms, Promotion Terms and any other document expressly incorporated herein by reference, constitute the entire agreement between the User and CEX.IO in relation to the subject matter hereof and supersede all prior discussions, correspondence, negotiations, representations, understandings and agreements between them relating to that subject matter, except in the case of fraud or fraudulent misrepresentation.

34.4. No Reliance. The User acknowledges that, in entering into these Terms, the User has not relied on, and shall have no remedy in respect of, any statement, representation, assurance or warranty that is not expressly set out in these Terms, except in the case of fraud or fraudulent misrepresentation.

34.5. Severability. If any provision of these Terms, or any part of any provision, is found by any court or competent authority to be invalid, unlawful or unenforceable, that provision or part-provision shall, to the extent required, be deemed severed, and the validity and enforceability of the remaining provisions of these Terms shall not be affected. Where any invalid, unlawful or unenforceable provision would be valid, lawful or enforceable if part of it were deleted or modified, the provision shall apply with such minimum deletion or modification as is necessary to make it valid, lawful and enforceable, to the fullest extent permitted by Applicable Law.

34.6. No Waiver. No failure, delay or omission by CEX.IO in exercising any right, power, remedy or privilege under these Terms or Applicable Law shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, remedy or privilege preclude any other or further exercise thereof or the exercise of any other right, power, remedy or privilege.

34.7. Cumulative Rights. Except as expressly stated otherwise in these Terms, the rights and remedies of CEX.IO under these Terms are cumulative and are in addition to, and not exclusive of, any rights or remedies provided by Applicable Law.

34.8. Assignment. CEX.IO may assign, transfer, novate, subcontract, delegate, declare a trust over or otherwise dispose of any of its rights and obligations under these Terms, in whole or in part, to any affiliate or to any third party in connection with a reorganisation, group restructuring, merger, acquisition, sale of business, transfer of assets, outsourcing arrangement or other legitimate commercial arrangement, provided that such transfer shall not adversely affect any non-excludable rights of the User under Applicable Law. The User may not assign, transfer, novate, charge, declare a trust over or otherwise dispose of any of the User’s rights or obligations under these Terms without CEX.IO’s prior written consent.

34.9. Language. These Terms are drawn up in the English language. If these Terms are translated into any other language, the English language version shall prevail in the event of any inconsistency or ambiguity, to the fullest extent permitted by Applicable Law. CEX.IO may, from time to time, make available translations of these Terms, or functionality enabling Users to view these Terms in another language, including through automated, machine-learning, artificial intelligence or other translation technologies. Unless CEX.IO expressly states otherwise, any such translation is provided solely for the User’s convenience and information, and shall not amend, replace, qualify or otherwise affect the meaning, interpretation or legal effect of the English language version. The User acknowledges that automated or artificial intelligence-based translations may not fully capture the precise legal meaning, terminology, nuance or effect of the English language version. In the event of any inconsistency, discrepancy, ambiguity, omission or conflict between the English language version and any translated version, the English language version shall prevail to the fullest extent permitted by Applicable Law.

34.10. Further Assurances. The User shall, at the User’s own cost and expense, promptly execute and do all such further acts, documents and things as CEX.IO may reasonably require for the purpose of giving full effect to these Terms and the rights and obligations contemplated hereby.

34.11. Survival. Any provision of these Terms which by its nature is intended to survive termination, suspension, restriction or expiry of these Terms, including provisions relating to fees, taxes, set-off, liability, indemnities, intellectual property, records, disclosures, privacy, complaints, dispute resolution, governing law and enforcement, shall so survive.

35. CONTACT DETAILS 

35.1. Contact Channels. The User may contact CEX.IO through the official channels designated by CEX.IO from time to time, including the secure online live chat available through the website, mobile application and the Help Centre. CEX.IO’s published customer support channel includes support@cex.io. 

35.2. Complaints Contact. If the User wishes to submit a formal complaint, the User may do so through the Complaint Form made available by CEX.IO, by such other official complaint-handling channel as CEX.IO may designate from time to time.

35.3. Official Sources of Information. CEX.IO may publish legal documentation, customer notices, service information, status updates and other relevant information through its website, Help Centre, blog, status page and other official channels designated by CEX.IO from time to time. The User shall rely only on such official channels when seeking information relating to the Services, the Account or these Terms.

35.4. Changes to Contact Details. CEX.IO may amend its contact details, support channels, complaints channels or other contact information from time to time. Any such changes may be communicated through the Platform, the Site or other official channels and shall take effect in accordance with these Terms.

Last update: 17th of December, 2025

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 the 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 of the Quicko application.

2.2. CEX.IO Europe, S.L., a limited liability company incorporated and existing under the laws of Spain, tax identification number B72550395, with its registered office at Paseo de la Castellana 53, 1ª, Madrid, Spain, registered with the Bank of Spain under reference E028 as a provider of virtual currency exchange services for fiat currency and/or custody of electronic wallets, (in each case, “CEX.IO”, “us”, “we” or “our”), 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 license 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.

5.17. Quicko reserves the right to refuse execution of orders related to participation in gambling, unless such gambling is conducted in accordance with the applicable provisions of the Polish Gambling Act.

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.

10.4. Card Issuer bears liability in the cases specified in Quicko Terms of Services.

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.

11.3. CEX.IO will notify the Customers about the changes to the CEX.IO Virtual Card Terms relating to the services provided to the Customer via Customer's email address or via the CEX.IO app.

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.