IMPORTANT:

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

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

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

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

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

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

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

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

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

1.1.9. Maintenance fee: means a fee charged by CEX.IO for storing balances in Fiat currency and/or in Cryptocurrency in Accounts that are inactive or dormant (see Article 16 below).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1.3. The masculine or feminine gender may be used interchangeably throughout this Terms of Use. Wherever one gender is used it shall be construed as meaning the other.

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

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

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

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

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

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

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

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

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

3.7. The User undertakes to notify CEX.IO immediately of any unauthorized use of his/her Account or password, or any other breach of security by live chat 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.

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

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

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

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

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

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

4.1. 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.
• to become a corporate User a company should have a 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 and that they are duly authorised and have the capacity to enter into the Transactions on the Platform.

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

4.4. The User represents and warrants than he/she will withdraw any cryptocurrency from his/her Account only to his/her wallets, 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 data and identifiers may be shared with appropriately authorised third parties, due to legal obligations such as prevention of crimes and tax purposes and/or to provide the service requested by the User.

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

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

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

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

5.5. CEX.IO is not responsible for any 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 made by the fault of any third parties, processors or operators of such transactions.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

10.2. CEX.IO personnel will never ask the User to disclose their password. Any message the User receives or website that he/she visits that ask 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).

10.3. 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.

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

10.5. User must take reasonable care to ensure that his/her e-mail account(s) are secure and only accessed by the User, as his/her e-mail address may be used to reset passwords or to communicate with the User about the security of the Account. CEX.IO cannot be liable for the breach of an e-mail account resulting in an unauthorized Transaction executed without proper confirmation. Should the e-mail 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 e-mail service provider.

10.6. 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.

10.7. 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.

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

10.9. 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.

10.10. In Section 11 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).

10.11. 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 User’s customer services requests. Such requests will only ever be made via in-app chat or from a CEX.IO domain email.

10.12. 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 User other than a cex.io suffix/domain. If you is 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.

10.13. CEX.IO will aim to support any Account restrictions 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;
• 2 factor authentication;
• pre-transaction;
• re-verification/advance advice; and other measures.

10.14. 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.

10.15. 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.

11.1. 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.

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

11.3. The User hereby authorizes CEX.IO to, directly or indirectly (through third parties), make any inquiries as we consider it necessary to check the relevance and accuracy of the information provided for verification purposes. Personal Information transferred will be limited to only the data that is strictly necessary and will only be transmitted with security measures in place to protect the data.

11.4. 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 a. 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.

11.5. 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.

11.6. 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.

11.7. 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 legal entity shall register a corporate account with CEX.IO and you shall not use your individual account for business purposes.

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

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

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

(I) The Account, or authorized User is subject to any pending litigation, investigation, or governmental proceeding.

(II) The Account or authorized User is a named person being investigated by a regulatory authority, subject to a court order, facially valid subpoena, or binding order of a government authority.

(III) The Account has a negative balance for any reason.

(IV) We believe an unauthorized person is attempting to access the User’s Account.

(V) There is unusual or suspicious activity on the Account.

(VI) User’s Account has been accessed from a sanctioned jurisdiction or a jurisdiction CEX.IO is not authorized to operate.

13.1. 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.

13.2. 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 User’s account. 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. User may not close any of his accounts to avoid paying any fees incurred or to avoid any examination related to CEX.IO’s KYC/AML Program.

14.1. 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.

14.2. 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.

14.3. 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.

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

15.2. User recognizes that an Order should only be submitted after careful consideration and conducting the User’s own research. 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. 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. User acknowledges and agrees that if Transaction details are not specified or are incorrectly indicated within the Transaction the User may lose his/her funds.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

16.6. CEX.IO’s prior notice obligation mentioned in the Clauses 16.1, 16.2, 16.5, and 16.10 is deemed fulfilled from the moment of sending the email to the User. CEX.IO bears no liability if the User has unsubscribed himself/herself from CEX.IO’s newsletter and for this reason did not receive CEX.IO’s notices.

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

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

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

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

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

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

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

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

18.1. 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. 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 due diligence before supporting a Cryptocurrency on the Platform in accordance with its listing procedures. User acknowledges and understands that CEX.IO may choose to support or delist Cryptocurrency in our sole discretion.

19.1. 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 unilaterally determine which Forked blockchain is supported.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

23.4. 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.

23.5. You take full responsibility of 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 Website the aforementioned additional funds/expenses.

23.6. 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.

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

23.8. 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.

23.9. 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.

23.10. 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 of 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.

23.11. 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.

23.12. 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.

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

23.14. 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.

24.1. 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.

24.2. 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.

25.1. 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.

25.2. 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.

25.3. 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 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.

26.1. User may terminate the Terms of Use by closing their Account at any time, following settlement of any pending transactions.

26.2. User also agrees that CEX.IO may, by giving notice, at its sole discretion terminate his/her access to the Site and to his/her Account, including without limitation, our right to: limit, suspend or terminate the service and the Users' Accounts, prohibit access to the Site and its content, services, and tools, delay or remove hosted content and take technical and legal steps to keep the Users off the Site if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties or acting inconsistently with the letter or spirit of these Terms. Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate Accounts of Users for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or another User's account or providing assistance to others attempting to do so, (2) overcoming software security features limiting 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.

26.3. 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.

26.4. 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.

26.5. 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.

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 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.

27.3. CEX.IO will use reasonable endeavors to ensure that the User can normally access the Site in accordance with the Terms of Use. CEX.IO may suspend use of the Site for maintenance and will make reasonable efforts to give the User a notice. The User acknowledges that this may not be possible in an emergency. You may always check the status of CEX.IO at any time. CEX.IO is not liable or responsible for any damages incurred by you as a result of maintenance or downtime.

28.1. 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.

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

28.3. 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.

29.1. 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. Users should conduct their own research regarding Cryptocurrencies.

30.1. 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.

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

31.1. 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.

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

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

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

33.1. 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.

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

34.1. 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.

35.1. 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.

36.1. 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.

36.2. 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.

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

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

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

40.1. 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.

41.1. These Terms of Use shall not be construed to waive rights that cannot be waived under applicable laws.

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

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

44.1. 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.

44.2. 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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1.1.15. 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.

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

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

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

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

1.1.20. 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.

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

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

1.1.23. 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.

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

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

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.

2.1. 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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

• follows the rules and laws in his/her country of residence and/or country from which he/she accesses this Site and Services;
• has accepted these Terms of Use;
• is at least 18 years old and has the right to accept these Terms of Use and participate in transactions involving Cryptocurrencies;
• if the User is a corporate User, such company has the legal capacity to accept these Terms of Use and participate in transactions involving Cryptocurrencies.

4.2. The User represents and warrants that he/she will only use the Platform to perform Transactions in accordance with the conditions set forth in these Terms of Use and that the User is duly authorized and has the capacity to enter into the Transactions on the Platform.

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

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

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

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

5.1. 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 may, in its sole discretion, refuse Transactions from certain persons or to certain persons, including but not limited to entities and individuals on restricted or prohibited lists issued from time to time by the US Government. In addition, not all Services are available to all Users at all times and we may, at our sole discretion, refuse Transactions funded from certain persons or Services.

5.12. 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.

6.1. CEX.IO shall provide the Services with reasonable care and skill and in accordance with these Terms of Use. All Transactions made on the Platform will be managed in an anonymous manner so that Buyers and Sellers are not acquainted with each other.

6.2. The Transaction Price is calculated on the basis of actual matched Orders made by the Buyers and Sellers participating in the bidding process on the Platform combined with the applicable Transaction fees.

6.3. CEX.IO represents and warrants that Transactions may not be canceled or reversed and it holds all Cryptocurrencies acquired by each User in his/her Account and on the respective User's behalf.

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

6.5. CEX.IO is not registered with the U.S. Securities and Exchange Commission as a national securities exchange or in any other capacity. You understand and acknowledge that we do not broker trading orders on your behalf.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

10.2. Consistent with the obligations from our regulators, when the User opens an Account or logs into CEX.IO his Personal Information will be stored by CEX.IO in accordance with all applicable regulations. Only individuals who have successfully completed our BSA/AML Program will be permitted to use the Services of CEX.IO. If the User would like to provide access to their CEX.IO Account to another individual or institution, such User must also register and complete the BSA/AML Program of CEX.IO. The User agrees that he will not allow individuals or institutions access to their CEX.IO Account unless they have registered as the User and completed our BSA/AML Program. Unauthorized access to the User’s CEX.IO Account by unregistered Users may result in the termination of all related CEX.IO Accounts.

10.3. Subject to these Terms of Use and the BSA/AML Program of CEX.IO, the User of CEX.IO may: (a) add his spouse or domestic partner as an authorized user of his Account; (b) add an authorized User of the Account who is the beneficiary of his Account (c) add an individual to his corporate Account who is a designated representative of the institution. In adding individuals or institutions to the User’s Account in this manner, the User represents that he is a beneficial owner, control person, or authorized representative of the institution and agrees to authorize CEX.IO, or a third-party provider to take measures to confirm the User’s identity and permissions granted to him by the said institution.

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

12.1. 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.

12.2. 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).

12.3. 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.

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

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

12.6. 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.

12.7. 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.

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

12.9. 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.

12.10. In Clause 5.12 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’).

12.11. 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.

12.12. 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.

12.13. 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.

12.14. 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.

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.

13.1. 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.

13.2. The User undertakes 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.

13.3. The User hereby authorizes CEX.IO to, directly or indirectly (through third parties), make any inquiries as we consider it necessary to check the relevance and accuracy of the information provided for verification purposes. Personal Information transferred will be limited to only the data that is strictly necessary and will only be transmitted with security measures in place to protect the data.

13.4. 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 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 requirements are met.

13.5. 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 along with affirming these Terms.

13.6. 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. You further certify under penalty of perjury that all such W-9 information provided by you is correct, accurate and authentic.

13.7. 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.

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

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

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

(I) The Account, or authorized User is subject to any pending litigation, investigation, or governmental proceeding.

(II) The Account or authorized User is a named person being investigated by a regulatory authority, subject to a court order, facially valid subpoena, or binding order of a government authority.

(III) The account has a negative balance for any reason.

(IV) User’s ACH transaction was returned by the User’s bank.

(V) We believe an unauthorized person is attempting to access the User’s account.

(VI) There is unusual or suspicious activity on the account.

(VII) The User’s Account has been accessed from a sanctioned jurisdiction or a jurisdiction CEX.IO is not authorized to operate.

(VIII) The User’s Account has not been accessed in two (2) calendar years or more.

15.1. 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.

15.2. 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 Corp.’s BSA/AML Policy.

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

16.2. 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.

16.3. 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.

16.4. 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.

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

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

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

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

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

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

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

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

16.13. 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.

16.14. 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.

16.15. 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.

16.16. 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.

16.17. 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.

16.18. 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.

16.19. 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.

16.20. 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.

16.21. 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.

16.22. 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.

16.23. If the User receives written notice of a Transaction that is incorrect, the User agrees and acknowledges that the User has two (2) calendar days to contact CEX.IO to correct the Transaction record. If the User does not notify CEX.IO Corp. of the incorrect Transaction information within two (2) calendar days, the User's failure to do so shall be deemed as approval of the Transaction. Any Transaction listed in the User’s Transaction history or other communication including, but not limited to, receipts sent to the email on record shall be deemed and treated as authorized and correct, approved, and confirmed by the User, unless CEX.IO Corp. receives written notice within two (2) calendar days from the date the Transaction occurred.

16.24. The User acknowledges and agrees that CEX.IO is not obliged to process any particular Transaction. When you submit a request for a Transaction, you are requesting that we process the Transaction on your behalf. We may, in our sole discretion, choose whether or not to accept the offer to process that Transaction. However, if we decide not to process the Transaction, we will notify you promptly of that decision, and, if applicable, refund the Transaction if we are not prohibited by law from doing so.

16.25. CEX.IO reserves the right to modify or discontinue the Service or any part of the Service without notice, at any time and from time to time. We may, in our absolute discretion, refuse any Transaction or limit the amount to be transferred, either on a per transaction basis or on an aggregate basis, and either on individual accounts or on related accounts.

16.26. CEX.IO will attempt to process Transactions promptly, but any Transaction may be delayed or cancelled for a number of reasons including but not limited to: our efforts to verify your identity; to validate your transaction instructions; to contact you; or otherwise to comply with applicable law; or due to variations in business hours and asset availability.

17.1. If your Account remains closed or dormant for a period of two (2) years or more, CEX.IO may be required to report any remaining Funds in the User’s Account as unclaimed property in accordance with abandoned property and escheatment laws applicable in the User’s state of residence. CEX.IO will make all reasonable efforts to provide written notice to the User, with the User’s provided contact information. CEX.IO reserves the right to deduct an administrative or storage fee resulting from the transfer of unclaimed Funds as permitted and/or required by applicable state law.

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

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

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

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

19.1. 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.

19.2. 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.

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.

21.1. 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 token to become delegators. When delegating, participant stakes a token and delegates the voting powers attributable to such a staked token to CEX.IO acting as a validator. This allows CEX.IO to participate in the governance of selected blockchains. All decisions made by CEX.IO related to the PoS blockchains are exempt from any disputes from the delegators.

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

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;
• The 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. The 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.

22.1. The CEX.IO Bundle (hereinafter – the “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.

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

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

23.2. 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.

23.3. 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.

23.4. 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.

23.5. 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.

23.6. 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.

23.7. 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.

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

23.9. 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.

23.10. 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.

24.1. 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.

24.2. 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.

25.1. You agree and acknowledge that you expressly grant CEX.IO the right, to the fullest extent that it may effectively do so under applicable law to: (i) hold the digital asset in our own omnibus account and to pledge, repledge, hypothecate, rehypothecate, collateralize or otherwise transfer or use any of the digital assets, with all attendant rights of ownership, and (ii) to use or invest the digital assets for our own benefit or risk. You agree and acknowledge that, with respect to digital assets used by CEX.IO pursuant to this paragraph; (i) you may not be able to exercise certain rights of ownership and (ii) CEX.IO may receive compensation in connection with collateralizing or otherwise using digital assets in its business to which you will have no entitlement.

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

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

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

• money laundering, terrorist financing, proliferation of weapons of mass destruction;
• human trafficking;
• any goods or services that are illegal or the promotion, offer or marketing of which is illegal or that are offered in connection with illegal, obscene or pornographic content, depict children or minors in sexual postures, depict means of propaganda or signs of unconstitutional organizations glorifying war or violating human dignity;
• any goods or services, promotion, offer or marketing of which would violate copyrights, industrial property rights or other rights of any person;
• archaeological findings;
• drugs, narcotics or hallucinogens;
• weapons of any kind;
• illegal gambling services;
• Ponzi, pyramid or any other “get rich quick” schemes;
• goods that are subject to any trade embargo;
• media that is harmful to minors and violates laws and, in particular, the provision in respect of the protection of minors;
• body parts or human remains;
• protected animals or protected plants;
• weapons or explosive materials;
• any other illegal goods, services or transactions.

27.1. 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 of Use; and (ii) any damages suffered by CEX.IO as a result of the User’s violation of the Terms of Use. 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.

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

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

28.3. 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.

28.4. 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.

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

28.6. CEX.IO may terminate this agreement immediately if the User:

• becomes, or is likely to become, insolvent or are declared bankrupt;
• is in breach of any provision of the Terms of Use;
• the User’s use of the Service or the Site is disruptive to our other Users, or the User does anything which, in our opinion, is likely to bring us into disrepute;
• breach or attempt to breach the security of the Site (including but not limited to: modifying or attempting to modify any information; unauthorized log-ins, unauthorized data access or deletion; interfering with the Service, system, host or network; reverse engineering of any kind; spamming; hacking; falsifying data; introducing viruses, Trojan horses, worms or other destructive or damaging programs or engines; or testing security in any way).

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

29.2. 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.

29.3. CEX.IO will use reasonable endeavors to ensure that the User can normally access the Site in accordance with the Terms of Use. CEX.IO may suspend use of the Site for maintenance and will make reasonable efforts to give the User a notice. The User acknowledges that this may not be possible in an emergency. You may always check the status of CEX.IO at any time. CEX.IO is not liable or responsible for any damages incurred by you as a result of maintenance or downtime.

30.1. The User agrees and acknowledges that CEX.IO prohibits the use, facilitation, or movement of Funds on our Platform which contributes to illegal gambling. As such, the User further agrees and acknowledges that CEX.IO has the right to:

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

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

31.1. The User agrees and understands that by logging into his Account and/or authentication to our application programming interface (“API”) using his API key(s) and/or our Mobile Application and using any of CEX.IO’s Services he enters into these Terms and shall be legally bound by the terms and conditions herein, including any future revisions.

31.2. 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.

31.3. 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.

31.4. 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.

32.1. 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.

33.1. 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.

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

34.1. 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.

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

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

35.1. As a regulated financial institution, the User’s conduct on CEX.IO is subject, but not limited to, the following laws and regulations:

• 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”);
• The Commodities Exchange Act (“CEA”);
• Applicable regulations and guidance set forth by FinCEN;
• Applicable regulations and guidance set forth by the Securities Exchange Commission (“SEC”);
• Applicable regulations and guidance set forth by Commodities Futures Trading Commission (“CFTC”);
• Applicable regulations and guidance set forth by Internal Revenue Service (“IRS”) or applicable State taxation authorities;
• Applicable regulations and guidance set forth by the Financial Industry Regulatory Authority (“FINRA”);
• Applicable regulations and guidance set forth by the Federal Trade Commission (“FTC”).

35.2. The User agrees and understands that by signing up and using CEX.IO’s Services in any capacity, the User agrees to act with compliance, and is legally bound by these Terms of Use, and all applicable laws and regulations.

35.3. The Terms of Use for the Users residing in the United States shall be construed in accordance with the laws of the State of Delaware.

36.1. 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.

36.2. CEX.IO will not be liable for the Transactions, initiated by the User, below the prescribed limits, as stated in clause 16.10. hereof.

36.3. 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.

36.4. IF THE USER IS 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.

36.5. 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.

37.1. 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.

38.1. 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.

39.1. 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.

39.2. 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.

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.

41.1. 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.

42.1. 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.

43.1. 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.

44.1. 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.

45.1. CEX.IO Corp. has received a Money Transmitter license (“MTL”) and is licensed to operate in the following States:

• Alabama
• Alaska
• Connecticut
• Delaware
• Florida
• Georgia
• Idaho
• Illinois
• Iowa
• Kansas
• Louisiana
• Maine
• Maryland
• Minnesota
• Nebraska
• Nevada
• New Hampshire
• New Jersey
• New Mexico
• North Carolina
• Ohio
• Oklahoma
• Oregon
• Rhode Island
• South Carolina
• South Dakota
• Tennessee
• Vermont
• Virginia
• Washington
• West Virginia

45.2. If the User does not see his/her state on this list, CEX.IO may still be able to provide services to the User. Based on our analysis, the following states do not require a license for CEX.IO to provide our services to you: Arizona, Arkansas, California, Colorado, Indiana, Kentucky, Massachusetts, Michigan, Missouri, Mississippi, Montana, North Dakota, Pennsylvania, Utah, Wisconsin, Wyoming.

46.1. The trading of commodities and Cryptocurrencies involves 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. Any Cryptocurrency 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. Cryptocurrency trading has specific risks, which are not shared with other official currencies, goods, or commodities in a market;

46.2. Cryptocurrency is not legal tender, is not backed by the government, and accounts and value balances are not subject to Federal Deposit Insurance Corporation or Securities Investor Protection Corporation protections;

46.3. Legislative and regulatory changes or actions at the State, Federal, or international level may adversely affect the use, transfer, exchange, and value of Cryptocurrency;

46.4. Transactions in Cryptocurrency may be irreversible, and, accordingly, losses due to fraudulent or accidental Transactions may not be recoverable;

46.5. Some Cryptocurrency 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;

46.6. The value of Cryptocurrency may be derived from the continued willingness of market participants to exchange Fiat currency for Cryptocurrency, which may result in the potential for a permanent and total loss of value of a particular Cryptocurrency should the market for that Cryptocurrency disappear;

46.7. There is no assurance that a person who accepts Cryptocurrency as payment today will continue to do so in the future;

46.8. The volatility and unpredictability of the price of Cryptocurrency relative to Fiat currency may result in significant loss over a short period of time;

46.9. The nature of Cryptocurrency may lead to an increased risk of fraud or cyber-attack;

46.10. The nature of Cryptocurrency means that any technological difficulties experienced by CEX.IO may prevent the access or use of a User's Cryptocurrency; and

46.11. Any bond or trust account maintained by CEX.IO for the benefit of its Users may not be sufficient to cover all losses incurred by the Users.

46.12. There may be additional risks, which have not been foreseen or identified in the current Terms of Use.

46.13. Every User has to carefully assess whether his/her financial situation and tolerance for risk is suitable for buying/selling/trading Cryptocurrency.

Alaska

NOTICE: By the State of Alaska Department of Commerce, Community, and Economic Development

If your issue is unresolved by CEX.IO Corp. via phone support contact for U.S customers +1 845 834 8017, please submit formal complaints with the State of Alaska, Department of Commerce, Community, and Economic Development, Division of Banking & Securities: PO Box 110807 Juneau, AK 99811-0807.

Please download the form here: https://www.commerce.alaska.gov/web/portals/3/pub/DBSGeneralComplaintFormupdated.pdf

Submit a formal complaint form with supporting documents.

If you are an Alaska resident with questions regarding formal complaints, please email at dbs.licensing@alaska.gov or call Nine Zero Seven Four Six Five Two Five Two One (907-465-2521)

Colorado

NOTICE: By the Colorado Division of Banking

Entities other than FDIC insured financial institutions that conduct money transmission activities in Colorado, including the sale of money orders, transfer of funds, and other instruments for the payment of money or credit, are required to be licensed by the Colorado Division of Banking pursuant to the Money Transmitters Act, Title 12, Article 52, Colorado Revised Statutes.

If you have a Question about or Problem with YOUR TRANSACTION – THE MONEY YOU SENT: You must contact the Money Transmitter who processed your transaction for assistance. The Division of Banking does not have access to this information.

If you are a Colorado Resident and have a Complaint about THE MONEY TRANSMITTER – THE COMPANY THAT SENT YOUR MONEY: ALL complaints must be submitted in writing. Please fill out the Complaint Form provided on the Colorado Division of Banking’s website and return it and any documentation supporting the complaint via mail or email to the Division of Banking at:

Colorado Division of Banking 1560 Broadway, Suite 975 Denver, CO 80202 email: DORA_BankingWebsite@state.co.us website: www.dora.colorado.gov/dob.

Florida

NOTICE: By the Florida Office of Financial Regulation

BY GRANTING CEX.IO CORP A LICENSE, THE FLORIDA OFFICE OF FINANCIAL REGULATION IS NOT ENDORSING THE USE OF DIGITAL OR VIRTUAL CURRENCIES.

U.S. currency is legal tender backed by the U.S. government. Digital and virtual currencies are not issued or backed by the U.S. government, or related in any way to U.S. currency, and have fewer regulatory protections.

The value of digital and virtual currencies is derived from supply and demand in the global marketplace which can rise or fall independently of any fiat (government) currency. Holding digital and virtual currencies carries exchange rate and other types of risk. POTENTIAL USERS OF DIGITAL OR VIRTUAL CURRENCIES, INCLUDING BUT NOT LIMITED TO BITCOIN, SHOULD BE FOREWARNED OF A POSSIBLE FINANCIAL LOSS AT THE TIME THAT SUCH CURRENCIES ARE EXCHANGED FOR FIAT CURRENCY DUE TO AN UNFAVORABLE EXCHANGE RATE. A FAVORABLE EXCHANGE RATE AT THE TIME OF EXCHANGE CAN RESULT IN A TAX LIABILITY. PLEASE CONSULT YOUR TAX ADVISOR REGARDING ANY TAX CONSEQUENCES ASSOCIATED WITH YOUR HOLDING OR USE OF DIGITAL OR VIRTUAL CURRENCIES.

If you have a question or complaint, please contact the consumer assistance division of CEX.IO by LiveChat on the Site.

Hawaii

CEX.IO Corp. is providing services to you as a participant in a special Hawaii project which ends on December 31, 2022. At the end of the project term, CEX.IO may be required to close all accounts for Hawaii customers and cease operations. CEX.IO Corp. will notify Hawaii customers in advance if accounts must be closed. Hawaii customers who choose to open accounts with CEX.IO are advised that the virtual currency or digital currency purchased, whether as an investment, for making payments, or other purposes, may lose value, including the loss of some or all of your original purchase amount.

Illinois

NOTICE: By the Illinois Department of Financial Institutions

If you are located in the State of Illinois and have a complaint, please first contact us by LiveChat on the Site. If you still have an unresolved complaint or suspected violations of the Illinois Transmitters of Money Act, please contact the Illinois Department of Financial Institutions at +1-888-473-4858, or submit an online complaint at https://www.idfpr.com/admin/DFI/DFIcomplaint.asp.

Louisiana

NOTICE: By the Louisiana Office of Financial Institutions

Please note the license issued to CEX.IO Corp. by the Louisiana Office of Financial Institutions does not cover the exchange or transmission of virtual currency.

CEX.IO CORP. is licensed by the Louisiana Office of Financial Institutions as a money transmitter. The Louisiana Office of Financial Institutions does not license or regulate services related to virtual currency including but not limited to transmission or exchange which may be conducted by CEX.IO Corp.

Maryland

NOTICE: By the Commissioner of Financial Regulation for the State of Maryland

The Commissioner of Financial Regulation for the State of Maryland will accept all questions or complaints from Maryland residents regarding CEX.IO Corp. (License No. 1804170 and NMLS ID: 1804170) by contacting the Commissioner's office at: 500 North Calvert Street, Suite 402, Baltimore, Maryland 21202, or (888) 784-0136.

Minnesota

CEX.IO Corp. is committed to combating fraud. If you are located in the State of Minnesota and believe that your Account has been accessed without your authorization, you did not initiate a Transaction, are not the intended recipient of a transmission, or should you have any other questions or concerns regarding CEX.IO Corp, please contact CEX.IO Corp. by LiveChat on the Site

You may also submit a complaint to the Minnesota Department of Commerce by phone at 651- 539-1500 or by mail at the Main Office, Golden Rule Building, 85 7th Place East Suite 280 Saint Paul, Minnesota 55101.

You may also contact the Consumer Financial Protection Bureau for questions or complaints about CEX.IO Corp. at https://www.consumerfinance.gov/ or by phone at 855-411-2372.

Nevada

CEX.IO Corp. is licensed by the Nevada Department of Business and Industry as a money transmitter. At this time, the Nevada Department of Business and Industry does not license or regulate services related to virtual currency, including but not limited to virtual currency transmission or exchange which may be conducted by CEX.IO Corp.

Oregon

NOTICE: By the Oregon Department of Insurance and Finance

CEX.IO Corp. maintains a money transmission license in the State of Oregon and is therefore subject to the requirements of the Oregon money transmission statutes. Any regulated services provided to Users located in the State of Oregon shall be characterized as money transmission and not as trust services performed on behalf of our Users in the State of Oregon. If you are a User located in the State of Oregon, we are not providing any trust services to you or to any other User in the State of Oregon in the course of you visiting, accessing, or using any of Our Sites hereunder. Any reference in the Terms of Use to fiduciary services provided by us on your behalf shall refer, in the case of Users in the State of Oregon, to our fiduciary obligations as licensed money transmitter in Oregon.

If you are located in the State of Oregon and have a complaint, please first contact CEX.IO Support. If you still have an unresolved complaint regarding our money transmission activity, you may also direct your complaint to the: Oregon Division of Financial Regulation, P.O. Box 14480, Salem, OR 97309-0405; +1 (866) 814-9710 (toll- free in the USA). Please visit http://dfr.oregon.gov/ for additional information.

Tennessee

CEX.IO Corp. is licensed by the Tennessee Department of Financial Institutions as a money transmitter. Please note that this license and the required surety bond does not cover the virtual currency. The Tennessee Department of Financial Institution does not regulate virtual currency.

Texas

NOTICE: By the Texas Department of Banking

If you have any complaint, first contact the customer service of CEX.IO Corp. by LiveChat on the Site. If you still have an unresolved complaint regarding the company’s currency exchange activity, please direct your complaint to: Texas Department of Banking 2601 North Lamar Boulevard, Austin, Texas 78705, 1-877-276-5554 (toll free), www.dob.texa.gov.

Virginia

CEX.IO Corp. is licensed by the Virginia State Corporate Commission as a money transmitter. Such a license does not cover the transmission of virtual currency; but not limited to Bitcoin.

Washington

NOTICE: By the Washington State Department of Financial Institutions

If you have a complaint, first contact the consumer assistance division of CEX.IO Corp. by LiveChat on the Site and if you still have unresolved complaint regarding the company’s money transmission activity, please contact the Washington State Department of Financial Institutions, Division of Consumer Services using one of the following methods:

File a complaint online, mail or fax: https://dfi.wa.gov/consumers/loan-complaints

Call us 1-877-RING DFI (1-877-746-4334)

Email us: CSEnforceComplaints@dfi.wa.gov

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

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

50.1. 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.

50.2. 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.

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

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

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

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

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

1.1.4. CEX.IO Exchange Plus: means a product of CEX.IO, an ultimate crypto trading platform with enhanced functionality available here.

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

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

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

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

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

1.1.10. Maintenance fee: means a fee charged by CEX.IO for storing balances in Fiat currency and/or in Cryptocurrency in Accounts that are inactive or dormant.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2.1. 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.

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

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

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

3.4. The User undertakes to provide CEX.IO with true, accurate, current and complete evidence of his identity, and promptly update his Personal Information if and when it changes.

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

3.6. The User undertakes to immediately (i.e. immediately after the moment of discovery) inform CEX.IO about any unusual, suspicious, unclear, or abnormal changes on his Account. Any delay in informing CEX.IO of such changes, the User will be liable for the breach of the Terms of Use and CEX.IO will have the right to take any further steps accordingly, including but not limited to reporting to the relevant state or national authorities.

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

3.8. The User undertakes to notify CEX.IO immediately of any unauthorized use of his/her Account or password, or any other breach of security by LiveChat on the Site. Any User who violates the rules contained herein may be terminated, and thereafter held liable for any losses incurred by CEX.IO or any User of the Site.

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

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

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

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

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

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

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

• follows the rules and laws in his/her country of residence and/or country from which he/she accesses this Site and Services;
• has accepted these Terms of Use;
• is at least 18 years old and has the right to accept these Terms of Use and participate in transactions involving Cryptocurrencies;
• if the User is a corporate User, such company has the legal capacity to accept these Terms of Use and participate in transactions involving Cryptocurrencies.

4.2. The User represents and warrants that he/she will only use the Platform to perform Transactions in accordance with the conditions set forth in these Terms of Use and that the User is duly authorized and has the capacity to enter into the Transactions on the Platform.

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

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

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

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

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

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

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

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

5.5. CEX.IO is not responsible for any reason why the Site might become unavailable at any given time, nor is CEX.IO responsible for any malfunction, breakdown, delay, or interruption of an Internet connection.

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

5.7. In instances where a change in legislation of a particular country or state, the consequences of which are the imposition of stricter regulation of a Cryptocurrency available on the Platform, CEX.IO may restrict trading of a certain pair with such a Cryptocurrency for Users who are subject to such changes in legislation. In such a case the User will only be able to withdraw the limit for trading Cryptocurrency to an external address.

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

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

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

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

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

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

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

6.1. CEX.IO shall provide the Services with reasonable care and skill and in accordance with these Terms of Use. All Transactions made on the Platform will be managed in an anonymous manner so that Buyers and Sellers are not acquainted with each other.

6.2. The Transaction Price is calculated on the basis of actual matched Orders made by the Buyers and Sellers participating in the bidding process on the Platform combined with the applicable Transaction fees.

6.3. CEX.IO represents and warrants that Transactions may not be canceled or reversed and it holds all Cryptocurrencies acquired by each User in his/her Account and on the respective User's behalf.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

12.3. The User hereby authorizes CEX.IO to, directly or indirectly (through third parties), make any inquiries as we consider it necessary to check the relevance and accuracy of the information provided for verification purposes. Personal Information transferred will be limited to only the data that is strictly necessary and will only be transmitted with security measures in place to protect the data.

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

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

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

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

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

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

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

(I) The Account, or authorized User is subject to any pending litigation, investigation, or governmental proceeding.

(II) The Account or authorized User is a named person being investigated by a regulatory authority, subject to a court order, facially valid subpoena, or binding order of a government authority.

(III) The account has a negative balance for any reason.

(IV) We believe an unauthorized person is attempting to access the User’s Account.

(V) There is unusual or suspicious activity on the Account.

(VI) The User’s Account has been accessed from a sanctioned jurisdiction or a jurisdiction CEX.IO is not authorized to operate.

14.1. 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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

16.6. CEX.IO’s prior notice obligation mentioned in this Section is deemed fulfilled from the moment of sending the email to the User. CEX.IO bears no liability if the User has unsubscribed himself/herself from CEX.IO’s newsletter or marked CEX.IO’s emails as “spam” and for this reason did not receive CEX.IO’s notices.

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

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

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

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

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

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

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

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

18.1. 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.

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

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

20.1. CEX.IO allows the User to participate in the Transaction validation process (hereinafter - «Staking») on proof-of-stake («PoS») blockchains. Such blockchains allow the participating holders of a minimum-required balance of a specific Cryptocurrency to validate Transactions and earn Staking rewards.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

23.1. The User of the CEX.IO Exchange Plus has a separate special type of sub-accounts for trading fee balance to which a trading fee discount can be credited by the CEX.IO Exchange Plus after the User’s fulfillment of specific requirements.

23.2. The trading fee discount can be issued to the CEX.IO Exchange Plus Users’ separate special type of sub-accounts with trading fee balance (hereinafter - “Trading Fee Balance”) in the form of a trading fee discount of a specific value in USDT (or any other cryptocurrency) and will grant the User the benefit of the CEX.IO Exchange Plus trading fees reduction (hereinafter - “Trading Fee Discount”).

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

23.4. In case the Trading Fee Discount has an expiration date, then after the expiry date, the Trading Fee Discount will be burned without the possibility of its further use. Therefore, the User will not be able to apply or use the remaining balance of the Trading Fee Discount in any way once the Trading Fee Discount expires.

23.5. In case the User will receive the open-ended Trading Fee Discount the User will have a possibility to use the Trading Fee Discount on Exchange Plus until the User spends it.

23.6. The User is able to check his/her available Trading Fee Balance on the User’s “Finances” page.

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

23.8. In case the User has not enough Trading Fee Balance to cover the trading fees on the CEX.IO Exchange Plus, then trading fees will be charged as usual from the User’s CEX.IO Exchange Plus account’s balance and not from the Trading Fee Balance.

23.9. In case when the part of the CEX.IO Exchange Plus trading fee can be covered by the remaining balance of the User’s Trading Fee Balance, then this part will be properly used, and the remaining necessary part will be debited from the normal balance of the User CEX.IO Exchange Plus account.

23.10. Trading Fee Discount is assigned to the separate special type of CEX.IO Exchange Plus sub-accounts designated to the User and cannot be traded, exchanged, or withdrawn for equivalent currency or equivalent digital assets. The Trading Fee Discount and the Trading Fee Balance can be used only to cover trading fees of the CEX.IO Exchange Plus.

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

23.12. CEX.IO may change, extend, freeze, terminate, cancel, or retrieve the Trading Fee Discount and/or the Trading fee Balance before the expiration date, 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, a risk of money laundering and/or other suspected illicit activities which, in CEX.IO’s sole and absolute discretionary power may determine to disqualify the User for the Trading Fee Discount and/or the Trading fee Balance, and/or other activities or behaviors which CEX.IO, in its absolute and sole discretion may deem you unfit to participate further in this promotion.

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

23.14. For more information regarding the CEX.IO Exchange Plus Trading Fee Balance functionality please refer to CEX.IO Help Center.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

• money laundering, terrorist financing, proliferation of weapons of mass destruction;
• human trafficking;
• any goods or services that are illegal or the promotion, offer or marketing of which is illegal or that are offered in connection with illegal, obscene or pornographic content, depict children or minors in sexual postures, depict means of propaganda or signs of unconstitutional organizations glorifying war or violating human dignity;
• any goods or services, promotion, offer or marketing of which would violate copyrights, industrial property rights or other rights of any person;
• archaeological findings;
• drugs, narcotics or hallucinogens;
• weapons of any kind;
• illegal gambling services;
• Ponzi, pyramid or any other “get rich quick” schemes;
• goods that are subject to any trade embargo;
• media that is harmful to minors and violates laws and, in particular, the provision in respect of the protection of minors;
• body parts or human remains;
• protected animals or protected plants;
• weapons or explosive materials;
• any other illegal goods, services or transactions.

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

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

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

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

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

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

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

28.3. CEX.IO will use reasonable endeavors to ensure that the User can normally access the Site in accordance with the Terms of Use. CEX.IO may suspend use of the Site for maintenance and will make reasonable efforts to give the User a notice. The User acknowledges that this may not be possible in an emergency. You may always check the status of CEX.IO at any time. CEX.IO is not liable or responsible for any damages incurred by you as a result of maintenance or downtime.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1.1.15. 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.

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

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

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

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

1.1.20. 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.

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

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

1.1.23. 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.

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

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

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.

2.1. 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.

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

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

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

3.4. The User undertakes to provide CEX.IO with true, accurate, current and complete evidence of his identity, and promptly update his Personal Information if and when it changes.

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

3.6. The User undertakes to immediately (i.e. immediately after the moment of discovery) inform CEX.IO about any unusual, suspicious, unclear, or abnormal changes on his Account. Any delay in informing CEX.IO of such changes, the User will be liable for the breach of the Terms of Use and CEX.IO will have the right to take any further steps accordingly, including but not limited to reporting to the relevant state or national authorities.

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

3.8. The User undertakes to notify CEX.IO immediately of any unauthorized use of his/her Account or password, or any other breach of security by LiveChat on the Site. Any User who violates the rules contained herein may be terminated, and thereafter held liable for any losses incurred by CEX.IO or any User of the Site.

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

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

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

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

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

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

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

• follows the rules and laws in his/her country of residence and/or country from which he/she accesses this Site and Services;
• has accepted these Terms of Use;
• is at least 18 years old and has the right to accept these Terms of Use and participate in transactions involving Cryptocurrencies;
• if the User is a corporate User, such company has the legal capacity to accept these Terms of Use and participate in transactions involving Cryptocurrencies.

4.2. The User represents and warrants that he/she will only use the Platform to perform Transactions in accordance with the conditions set forth in these Terms of Use and that the User is duly authorized and has the capacity to enter into the Transactions on the Platform.

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

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

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

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

5.1. 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.

6.1. CEX.IO shall provide the Services with reasonable care and skill and in accordance with these Terms of Use. All Transactions made on the Platform will be managed in an anonymous manner so that Buyers and Sellers are not acquainted with each other.

6.2. The Transaction Price is calculated on the basis of actual matched Orders made by the Buyers and Sellers participating in the bidding process on the Platform combined with the applicable Transaction fees.

6.3. CEX.IO represents and warrants that Transactions may not be canceled or reversed and it holds all Cryptocurrencies acquired by each User in his/her Account and on the respective User's behalf.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

12.3. The User hereby authorizes CEX.IO to, directly or indirectly (through third parties), make any inquiries as we consider it necessary to check the relevance and accuracy of the information provided for verification purposes. Personal Information transferred will be limited to only the data that is strictly necessary and will only be transmitted with security measures in place to protect the data.

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

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

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

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

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

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

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

(I) The Account, or authorized User is subject to any pending litigation, investigation, or governmental proceeding.

(II) The Account or authorized User is a named person being investigated by a regulatory authority, subject to a court order, facially valid subpoena, or binding order of a government authority.

(III) The account has a negative balance for any reason.

(IV) We believe an unauthorized person is attempting to access the User’s Account.

(V) There is unusual or suspicious activity on the Account.

(VI) The User’s Account has been accessed from a sanctioned jurisdiction or a jurisdiction CEX.IO is not authorized to operate.

14.1. 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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

16.6. CEX.IO’s prior notice obligation mentioned in Clauses 16.1, 16.2, 16.5, and 16.10 is deemed fulfilled from the moment of sending the email to the User. CEX.IO bears no liability if the User has unsubscribed himself/herself from CEX.IO’s newsletter or marked CEX.IO’s emails as “spam” and for this reason did not receive CEX.IO’s notices.

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

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

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

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

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

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

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

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

18.1. 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.

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

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

20.1. CEX.IO allows the User to participate in the Transaction validation process (hereinafter - «Staking») on proof-of-stake («PoS») blockchains. Such blockchains allow the participating holders of a minimum-required balance of a specific Cryptocurrency to validate Transactions and earn Staking rewards.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

23.1. The User of the CEX.IO Exchange Plus has a separate special type of sub-accounts for trading fee balance to which a trading fee discount can be credited by the CEX.IO Exchange Plus after the User’s fulfillment of specific requirements.

23.2. The trading fee discount can be issued to the CEX.IO Exchange Plus Users’ separate special type of sub-accounts with trading fee balance (hereinafter - “Trading Fee Balance”) in the form of a trading fee discount of a specific value in USDT (or any other cryptocurrency) and will grant the User the benefit of the CEX.IO Exchange Plus trading fees reduction (hereinafter - “Trading Fee Discount”).

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

23.4. In case the Trading Fee Discount has an expiration date, then after the expiry date, the Trading Fee Discount will be burned without the possibility of its further use. Therefore, the User will not be able to apply or use the remaining balance of the Trading Fee Discount in any way once the Trading Fee Discount expires.

23.5. In case the User will receive the open-ended Trading Fee Discount the User will have a possibility to use the Trading Fee Discount on Exchange Plus until the User spends it.

23.6. The User is able to check his/her available Trading Fee Balance on the User’s “Finances” page.

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

23.8. In case the User has not enough Trading Fee Balance to cover the trading fees on the CEX.IO Exchange Plus, then trading fees will be charged as usual from the User’s CEX.IO Exchange Plus account’s balance and not from the Trading Fee Balance.

23.9. In case when the part of the CEX.IO Exchange Plus trading fee can be covered by the remaining balance of the User’s Trading Fee Balance, then this part will be properly used, and the remaining necessary part will be debited from the normal balance of the User CEX.IO Exchange Plus account.

23.10. Trading Fee Discount is assigned to the separate special type of CEX.IO Exchange Plus sub-accounts designated to the User and cannot be traded, exchanged, or withdrawn for equivalent currency or equivalent digital assets. The Trading Fee Discount and the Trading Fee Balance can be used only to cover trading fees of the CEX.IO Exchange Plus.

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

23.12. CEX.IO may change, extend, freeze, terminate, cancel, or retrieve the Trading Fee Discount and/or the Trading fee Balance before the expiration date, 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, a risk of money laundering and/or other suspected illicit activities which, in CEX.IO’s sole and absolute discretionary power may determine to disqualify the User for the Trading Fee Discount and/or the Trading fee Balance, and/or other activities or behaviors which CEX.IO, in its absolute and sole discretion may deem you unfit to participate further in this promotion.

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

23.14. For more information regarding the CEX.IO Exchange Plus Trading Fee Balance functionality please refer to CEX.IO Help Center.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

• money laundering, terrorist financing, proliferation of weapons of mass destruction;
• human trafficking;
• any goods or services that are illegal or the promotion, offer or marketing of which is illegal or that are offered in connection with illegal, obscene or pornographic content, depict children or minors in sexual postures, depict means of propaganda or signs of unconstitutional organizations glorifying war or violating human dignity;
• any goods or services, promotion, offer or marketing of which would violate copyrights, industrial property rights or other rights of any person;
• archaeological findings;
• drugs, narcotics or hallucinogens;
• weapons of any kind;
• illegal gambling services;
• Ponzi, pyramid or any other “get rich quick” schemes;
• goods that are subject to any trade embargo;
• media that is harmful to minors and violates laws and, in particular, the provision in respect of the protection of minors;
• body parts or human remains;
• protected animals or protected plants;
• weapons or explosive materials;
• any other illegal goods, services or transactions.

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

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

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

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

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

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

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

28.3. CEX.IO will use reasonable endeavors to ensure that the User can normally access the Site in accordance with the Terms of Use. CEX.IO may suspend use of the Site for maintenance and will make reasonable efforts to give the User a notice. The User acknowledges that this may not be possible in an emergency. You may always check the status of CEX.IO at any time. CEX.IO is not liable or responsible for any damages incurred by you as a result of maintenance or downtime.

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

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

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

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

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

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

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

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

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

33.1. These Terms of Use shall be governed by and construed in accordance with the Republic of Lithuania’s laws, unless otherwise expressly provided. All disputes and controversies arising out of or in connection with this website and these Terms of Use shall be submitted to the jurisdiction of the Republic of Lithuania courts, as the Court of the first instance. If any portion of these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, such portion shall be deemed severable and shall not affect the validity and enforceability of any remaining portion.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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