Terms of Use

Last update: 12th of August, 2022

Thank you for visiting the CEX.IO site (the “Site” or “Platform”). These Unified Terms of Use (hereinafter, the “Terms of Use” or the “Terms”) constitute an electronic agreement that applies to your use of this Site, any and all services, products, and content between you (hereinafter the “User/you”) and a specific company of CEX.IO Group of companies (hereinafter-“CEX.IO/we/us”) mentioned below, depending on User’s residence, place of registration and/or nationality.

CEX.IO Group of companies includes:

1. CEX.IO Limited (GIB) registered at 57/63 Line Wall Road, Gibraltar, GX11 1AA that is licensed by the Gibraltar Financial Services Commission as a DLT Provider under the license number: FSC1345B. CEX.IO Limited provides its services worldwide for non-corporate and corporate Users except countries provided below and unless otherwise provided in these Terms of Use.

2. CEX IO EU Limited (Ireland), a private limited company with company No.706254 and having its principal place of business at 22 Northumberland Road, Ballsbridge, Dublin 4, Ireland. CEX IO EU Limited provides its card processing services only to customers from the European Economic Area (EEA).

3. CEX Overseas LTD (BVI), a private limited company established and existing under the laws of British Virgin Islands, company No.: 2046189, with its registered office address Craigmuir Chambers, Road Town, Tortola, VG 1110, British Virgin Islands provides a technical support for Users from the following countries:

Aaland Islands, Albania, Algeria, American Samoa, Andorra, Angola, Anguilla, Antarctica, Antigua and Barbuda, Argentina, Armenia, Aruba, Australia, Azerbaijan, the Bahamas, Bahrain, Bangladesh, Barbados, Belize, Benin, Bermuda, Bhutan, Bolivia, Bonaire, Bosnia and Herzegovina, Botswana, Bouvet Island, Brazil, British Indian Ocean Territory, British Virgin Islands, Brunei, Burkina Faso, Burundi, Cambodia, Cameroon, Cape Verde, Cayman Islands, the Central African Republic, Chad, Chile, China, Christmas Island, Cocos (Keeling) Islands, Colombia, Comoros, the Democratic Republic of the Congo, Cook Islands, Costa Rica, Côte d'Ivoire, Curacao, Djibouti, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Eritrea, Eswatini, Ethiopia, Equatorial Guinea, Falkland Islands (Islas Malvinas), Faroe Islands, Fiji, French Guiana, French Southern and Antarctic Lands, Gabon, Gambia, Georgia, Ghana, Greenland, Grenada, Guadeloupe, Guatemala, Guernsey, Guinea, Guyana, Heard Island and McDonald Islands, Honduras, Hong Kong, India, Indonesia, Isle of Man, Israel, Jamaica, Jersey, Jordan, Kazakhstan, Kenya, Kiribati, South Korea, Kosovo, Kyrgyzstan, Kuwait, Laos, Lesotho, Liberia, Macao, North Macedonia, Madagascar, Malawi, Malaysia, Maldives, Marshall Islands, Martinique, Mauritania, Mauritius, Mayotte, Mexico, Federated States of Micronesia, Moldova, Monaco, Mongolia, Montenegro, Montserrat, Morocco, Mozambique, Namibia, Nauru, Nepal, New Caledonia, New Zealand, Niger, Nigeria, Niue, Norfolk Island, Northern Mariana Islands, Oman, Pakistan, Palau, Palestine, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Pitcairn Islands, Qatar, Réunion, Rwanda, Saint Barthélemy, Saint Helena, Saint Kitts and Nevis, Saint Lucia, Saint Maarten, Saint Martin, Saint Pierre and Miquelon, Saint Vincent and Gren, Samoa, San Marino, São Tomé and Príncipe, Saudi Arabia, Senegal, Serbia, Seychelles, Sierra Leone, Solomon Islands, South Africa, South Georgia and the South Sandwich Islands, Sri Lanka ,Suriname, Svalbard and Jan Mayen, Taiwan, Tajikistan, Tanzania, Timor-Leste, Thailand, Togo, Tokelau, Tonga, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Turks and Caicos Islands, Tuvalu, Uganda, Ukraine, United Arab Emirates, Uruguay, Uzbekistan, Vanuatu, Vatican City State, Vietnam, Wallis and Futuna, Western Sahara, Zambia.

4. CEX.IO Corp (USA) registered at 900 E. Diehl Road, Suite 110, Naperville, Illinois 60563 provides its services on the Platform only to Users in the United States of America (hereinafter “US”) Users from supported States.

In reviewing these Terms you will see that some text is colored in black. These are the general provisions that are applicable for all Users from all jurisdictions.

You will also see some text is colored in green. These clauses set out the detail of terms and conditions for Users from supported US states, which are served by the company CEX.IO Corp.

All clauses colored in blue relate to services provided to you only by the company CEX.IO Limited (GIB) and CEX Overseas LTD (BVI).

All clauses colored in red relate to services provided to you only by the company CEX Overseas LTD (BVI).

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

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

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

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

The User is solely responsible for understanding and complying with any and all laws, rules, and regulations of his/her specific jurisdiction that may be applicable to the User in connection with the use of any and all services, products, and content of CEX.IO. Services on the Platform are provided by the respective CEX.IO Group Company in accordance with local laws, depending on the User's residency, as described above.

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

Cryptocurrency services provided to our users are NOT; (i) within scope of the jurisdiction of the United Kingdom Financial Ombudsman Service, or (ii) subject to protection under the United Kingdom Financial Services Compensation Scheme, or (iii) within scope of the jurisdiction of, or subject to protection under, either of the schemes referred to in paragraph (i) or (ii).

Users of CEX Overseas LTD are hereby notified that acceptance of these Terms of Use and subsequent use of the Services constitutes a binding legal agreement. The CEX Overseas LTD Services are not currently subject to regulation by the BVI Financial Services Commission Authority. Therefore, your Account is not protected by this authority in the event of a claim.

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

1. Definitions

1. 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 (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 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 service 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 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. Transaction fee: means a fee that is payable to CEX.IO for each completed Transaction.

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

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, ZEC, BSV, TRX, ETH, GUSD, BTT Transactions), Memo (for XLM Transactions), Destination Tag (for XRP Transactions); for Fiat transaction: requisites including, but not limited to payment details, beneficiary details, and beneficiary bank details.

1.1.22. 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.

1.1.23. 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. The scope of the services

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

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

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

3. The user’s rights and responsibilities

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

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

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

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

3.5. 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 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 fraud.

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

4. The user’s representations and warranties

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

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

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

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

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

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

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

5. CEX.IO's rights and responsibilities

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

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

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

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

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

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

5.7. In instances where a change in legislation of a particular country or state (for Users from the United States of America), 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 Corp. 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 customers 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. CEX.IO’s representations and warranties

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

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

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

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

7. Account access and API acceptable use

7.1. Access to the User’s account is only permitted using individual login credentials. CEX.IO requires multi-factor authentication to keep the User account and funds secure. CEX.IO may require that the User use two forms of authentication when accessing the User’s account and performing certain functions on such 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. User account information

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

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

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

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

8.5. 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. Data collection

9.1. To understand how CEX.IO Limited collects and processes Personal Information please visit their privacy policy which may be amended from time to time.

9.2. Consistent with the obligations from our regulators, when the User opens an account or logs into CEX.IO Limited his Personal Information will be stored by CEX.IO Limited 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 Limited. If the User would like to provide access to their CEX.IO Limited account to another individual or institution, such User must also register and complete the BSA/AML Program of CEX.10. Limited. The User agrees that he will not allow individuals or institutions access to their CEX.IO Limited account unless they have registered as the User and completed our BSA/AML Program. Unauthorized access to the User’s CEX.IO Limited account by unregistered users may result in the termination of all related CEX.IO accounts.

9.3. Subject to these Terms of Use and the BSA/AML Program of CEX.10 Limited, 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.

10. Account security

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.

11. The user verification

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 a 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 Limited’s AML/KYC and/or CEX.IO Corp.’s Bank Secrecy Act ('BSA') and 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.

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. If you are a U.S resident, you further certify under penalty of perjury that all such W-9 information provided by you is correct, accurate and authentic.

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. Account investigations

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 Corp.’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 Limited’s AML/KYC and/or CEX.IO Corp.’s CEX.IO Corp.’s BSA/AML Program; (iii) any applicable laws or regulations by any of CEX.IO 's regulators;(iv) any of CEX.IO's or CEX.IO Corp.’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) 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) User’s account has been accessed from a sanctioned jurisdiction or a jurisdiction CEX.IO is not authorized to operate.

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

13. Account closure

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 Limited KYC/AML Program and/or CEX.IO Corp.’s BSA/AML Policy.

14. Intellectual property rights

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. Transactions

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), Zcash (ZEC), DASH, and Bitcoin Gold (BTG) minimum deposit amount is 0.0001. If the amount is less than specified, the funds will not be credited to the User's Account.

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.

15.23. 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 Corp. 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. Maintenance and storage fees

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 Limited (GIB) and CEX Overseas LTD (BVI) 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 Limited (GIB) and CEX Overseas LTD (BVI) may qualify this Account as dormant and transfer its balance into CEX.IO Limited (GIB)’s and/or CEX Overseas LTD (BVI)’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 Limited (GIB) and CEX Overseas LTD (BVI) reserve the right to apply the Maintenance fee thereafter against the User’s funds transferred into CEX.IO Limited (GIB)’s and/or CEX Overseas LTD (BVI)’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 Limited (GIB)’s and/or CEX Overseas LTD (BVI)’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 Limited (GIB) and CEX Overseas LTD (BVI) reserve 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 Limited (GIB) and/or CEX Overseas LTD (BVI) 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 Limited (GIB) and CEX Overseas LTD (BVI) have 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 Limited (GIB)’s and/or CEX Overseas LTD (BVI)’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 Limited (GIB) and CEX Overseas LTD (BVI) bear 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:

USD, EUR, GBP2 per day
RUB100 per day
BCH0.003 per day
BCHA1 per day
BSV1 per day
BTC0.003 per day
BTG0.5 per day
DASH0.003 per day
ETH0.06 per day
LTC0.4 per day
QASH10 per day
XLM1 per day
XRP1 per day
ZEC0.5 per day

16.8. CEX.IO Limited (GIB) and/or CEX Overseas LTD (BVI) 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 and/or finance.gib@cex.io. After CEX.IO Limited (GIB) and/or CEX Overseas LTD (BVI) receive such a request it will send an appropriate instruction to the User.

16.10. CEX.IO Limited (GIB) and CEX Overseas LTD (BVI) reserve the right to change the Storage fee, as well as the way in which it is charged, provided CEX.IO CEX.IO Limited (GIB) and/or CEX Overseas LTD (BVI) have 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. Unclaimed account balance (us users)

17.1. If a US resident CEX.IO User’s 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 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. Double spending

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 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 became 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.

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 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.

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. Cryptocurrencies listed on cex.io

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. 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. User acknowledges and understands that CEX.IO may choose to support or delist Cryptocurrency in our sole discretion.

20. Forks of supported cryptocurrency

20.1. 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 use reasonable discretion to determine which Forked blockchain is supported by the greatest number of miners and users, and to determine which Forked blockchain may be supported.

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

21. Staking

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

21.2. 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.

21.3. 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.

21.4. 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.

21.5. 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.

21.6. 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.

21.7. 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;
  • Market anomalies and unforeseen events may occur, which may result in losses;
  • User hereby warrants that the User has the necessary experience and knowledge to use Staking and understands and acknowledges the potential risks of using Staking. Users should carefully consider and evaluate their financial condition along with the above-mentioned risks before making any decision to use Staking.

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

22. CEX.IO bundles (instant buy)

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. Transaction fee

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. Rehypothecation of funds policy

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

25. One-click transaction agreement

25.1. 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.

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

25.3. 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.

25.4. 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.

25.5. 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.

25.6. 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.

25.7. 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.

25.8. 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.

25.9. 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.

25.10. 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.

25.11. 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.

25.12. 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.

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

25.14. 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.

26. Rounding policy

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.

26.1. 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.

27. Illegal transactions

27.1. 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.

27.2. 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.

27.3. 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;
  • has accepted these Terms of Use;
  • 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.

28. Recourse for breach of the term of use

28.1. User agrees and acknowledges, if the User’s account, and any related account under common control, is determined, in CEX.IO Corp.’s sole discretion, to have breached the Terms of Use, CEX.IO Corp. 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 Cop. as a result of the User’s violation of the Terms of Use. User further agrees and acknowledges that if CEX.IO Corp. determines in our sole discretion that the User has coordinated, colluded, coordinated, 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 Corp. 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.

29. Termination of the terms of use

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

29.2. 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.

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

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

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

29.6. CEX.IO Corp. 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 website is disruptive to our other customers, 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 website (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).

30. Services availability

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

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

30.3. CEX.IO will use reasonable 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.

31. Gambling policy

31.1. ’The User agrees and acknowledges that CEX.IO Corp. 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 Corp. 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 Corp. Gambling Policy.

31.2. CEX.IO Corp. uses a variety of applications to monitor for violations of our Gambling Policy. If CEX.IO Corp. 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 Corp. or any of our services to facilitate any illegal gambling activities.

32. Api, widgets, and mobile applications

32.1. 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.

32.2. 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.

32.3. 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.

33. Financial or legal advice

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

34. Taxation

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

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

35. Notices and communication

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

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

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

36. Governing law and dispute resolution

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

36.2. As a regulated financial institution, the User’s conduct on CEX.IO Corp. 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”);

36.3. The User agrees and understands that by signing up and using CEX.IO Corp’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.

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

37. limitation of liability

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

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

37.3. TO THE EXTENT PERMITTED BY APPLICABLE LAW, CEX.IO CORP CATEGORICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT. CEX.IO CORP 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.

37.4. 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.

37.5. 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.

38. Indemnity

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

39. Modifications and amendments

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

40. No solicitation

40.1. None of the representations made by CEX.IO Corp. 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 Corp. 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.

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

41. Force majeure

41.1 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.

42. Links to third-party websites

42.1 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.

43. USA patriot act notification

43.1. 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 customers. 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.

44. Severability

44.1 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.

45. Change of control

45.1. In the event that CEX.IO Corp. 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 Corp.’s Privacy Policy.

46. Non-waiver of rights

46.1 This 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.

47. State license and regulatory disclosures

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

1. Alabama;

2 Alaska;

3 Connecticut;

4 Delaware;

5 Florida;

6 Georgia;

7 Idaho;

8 Illinois;

9 Iowa;

10 Kansas;

11 Louisiana;

12 Maine;

13 Maryland;

14 Minnesota;

15 Nebraska;

16 Nevada;

17 New Hampshire;

18 New Jersey;

19 New Mexico;

20 North Carolina;

21 Ohio;

22 Oklahoma;

23 Oregon;

24 Rhode Island;

25 South Carolina;

26 South Dakota;

27 Tennessee;

28 Vermont;

29 Virginia;

30 Washington;

31 West Virginia;

47.2 If the User do 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, District of Columbia.

48. Risk warning

48.1. 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;

48.2. 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;

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

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

48.5. 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;

48.6. 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;

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

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

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

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

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

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

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

49. Entire agreement

49.1 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.

50. Language

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

51. Contact us

51.1. 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.

51.2. 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.

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

52. Customer notice

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.

Alaska Department of Commerce, Community, and Economic Development

For Alaska Residents Only:

If your issue is unresolved by CEX.IO Corp. - 845-834-8017, please submit formal complaints with the State of Alaska, Division of Banking & Securities.

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

Submit formal complaint form with supporting documents:

Division of Banking & Securities PO Box 110807 Juneau, AK 99811-0807

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

Colorado Division of Banking

Colorado Money Transmitters Act CUSTOMER NOTICE 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.

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.

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 live chat 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.

Louisiana

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.

Illinois

If you are located in the State of Illinois and have a complaint, please first contact us by live chat 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.

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 live chat 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 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.

Tennessee

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

Texas

If you have any complaint, first contact the customer service of CEX.IO Corp. by live chat 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

If you have a complaint, first contact the consumer assistance division of CEX.IO Corp. by live chat 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.