Last update: December 29, 2025

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

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

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

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

STATE LICENSE DISCLOSURES

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

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

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

1. DEFINITIONS

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

• “Account” or “CEX.IO Account” means a personal secure profile created by you on our Site or App. It allows you to access and use our services and manage your preferences.
• “Affiliates” means, with respect to a legal entity, another legal entity that controls, is under common control with, or is controlled by the first legal entity. The Site may be operated or provided by CEX.IO, its Affiliates or their respective contractors.
• “Application“ or “App“ refers to a software program designed to run on electronic devices, including but not limited to mobile phones, tablets, and computers. The application may provide various services, features, or functionalities.
• “Biometric Data” means the unique physical, physiological or behavioral characteristics of an individual that can be used to identify or authenticate their identity. It includes, but is not limited to fingerprints, facial recognition patterns, voiceprints, or other biologically derived or physical traits that can be digitally captured or stored.
• “Bundle” means a trading service into which the User can buy Digital Assets immediately (instantly) from Digital Assets.
• “Content” refers to all information, data, materials, text, images, videos, audio, graphics, software, and any other digital assets or elements made available on our website or through our services. This includes, but is not limited to, any content provided by us, user-generated content, third-party content, product descriptions, articles, blog posts, comments, reviews, and any other information presented or accessible within the scope of our platform or services. The term “Content“ encompasses all forms of media and resources that Users may encounter or interact with while using our Site.
• “Delisting”: means ceasing to support a particular Digital Asset by CEX.IO, disabling a Digital Asset’s deposit/withdrawal functions and removing Digital Asset’s trading pairs from the CEX.IO platform.
• “Deposit” means a Transaction involving the transfer of Funds to the Account.
• “Digital Asset (Asset)” means any digital asset (including a virtual currency) which is a digital representation of value based on or built on top of a cryptographic protocol of a computer network (e.g. bitcoin, ether and litecoin).
• “Fees” means any type of fee collected by CEX.IO such as commission and services fees.
• “Fiat currency” means government-issued currency that is designated as legal tender in its country of issuance through government decree, regulation, or law.
• “Freeze” or “Account Freeze” refers to the temporary suspension or restriction of certain account functionalities, including but not limited to buying, selling, converting, and transferring Funds within the account. During the account freeze period, a User is unable to perform any transactions until the freeze is lifted or resolved.
• “Funds” means Digital Assets and/or USD currency.
• “Instant Buy” means a trading service into which the User can buy Digital Assets immediately (instantly) from Fiat currency.
• “Instant Sell” means a trading service into which the User can convert Digital Assets to Fiat currency immediately (instantly).
• “Market Manipulation” means actions taken by any User or a person acting in concert with a User which are intended to (i) deceive or mislead other Users; (ii) artificially control or manipulate the price or trading volume of Funds; (iii) aid, abet, enable, finance, support or endorse either of the above.
• "Order" means any instruction you submit through the Platform requesting CEX.IO to perform a Service. When an Order (in whole or in part) is carried out, the executed portion constitutes a Transaction.
• “Restricted Location” means a state where CEX.IO is not permitted to provide services (e.g. New York). For any information specific to your state, please see the Licenses and Registrations page.
• “Rounding Policy” means the rules and methods applied by CEX.IO when determining the price and quantity of cryptocurrencies in trading Transactions.
• “Services” means all and any technologies, products and/or functionalities provided by CEX.IO.
• “Site” means the online platform or website operated by CEX.IO through which services are provided to you. It’s the place where we offer our services to you, providing a digital environment with all the features and tools you need to access and use our services. This includes Apps (e.g. mobile applications), websites, and application program interfaces.
• “Transaction” means (a) the execution (in whole or in part) of an Order; and (b) any operation on the Platform involving Digital Assets or fiat currency, including but not limited to buying, selling, sending, receiving, depositing, withdrawing, or converting, once accepted and processed by CEX.IO. A Transaction is deemed authorized (“Authorized Transaction”) if it is initiated using your Account credentials, a linked Payment Method, or any authentication mechanism (including two-factor authentication), whether or not you later dispute or claim it was unauthorized or fraudulent. You are solely responsible for all such Authorized Transactions, which shall be considered final, binding, and non-reversible once executed, except as required by applicable law.
• “Transaction Details” means details of the transaction, including, but not limited to recipient's wallet address, payment details, bank account information, etc.
• “Withdrawal” means a Transaction involving a transfer of Funds from a user’s account to your bank account or to an account opened in any other financial institution.

2. RISK WARNING

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

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

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

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

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

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

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

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

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

3. SERVICES

3.1. Generally, our Site allows users to buy, sell, and convert Digital Assets. The range of services offered depends upon your state of residence and whether you are a person, institution, corporation or other legal entity. We may, in our sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services. Services include, but are not limited to:

• Instant Buy / Sell

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

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

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

Transaction Price. The quoted price is locked-in a specific time period, if the time period expires the quoted price is recalculated. Once the user confirms the purchase, the price is set.

• CEX.IO Prime

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

• Wallet

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

4. ELIGIBILITY

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

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

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

5. FEES & COMMISSIONS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

7. PAYMENT SERVICES PARTNERS

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

8. ROUNDING POLICY

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

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

9. DATA PROTECTION AND SECURITY

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

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

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

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

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

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

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

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

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

9.10. CEX.IO will aim to support any Account restrictions you wish to put in place. These may change from time to time, but include:

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

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

10. BIOMETRIC DATA

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

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

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

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

11. ACCOUNT CREATION

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

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

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

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

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

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

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

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

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

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

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

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

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

12. GOVERNING LAW

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

The Bank Secrecy Act of 1970 (“BSA”);

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

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

Applicable state money transmission laws (“MTL”);

Applicable regulations and guidance set forth by FinCEN;

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

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

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

13. PROHIBITED TRANSACTIONS

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

1. Adult entertainment industry, pornography. Adult services, including prostitution, escorts, pay-per-view, sexual massages, fetish services, mail-order brides, and adult live chat features. Adult video stores. Gentlemen's clubs, topless bars, and strip clubs. Pornography and other mature audience content (including literature, imagery and other media) depicting nudity or explicit sexual acts. Any artificial-intelligence-generated content that meets the above criteria. Cyberlockers, regardless of whether they host adult content.
2. Arms, Ammunition, Firearms, Weapons, Explosives and Dangerous Materials industry. Guns, gunpowder, ammunition, fireworks and other explosives. Weapon components such as firing pins, magazines, clips, and firearm conversion kits and any 3D-printed weapons. Pepper spray and stun guns. Swords and katanas, unless they are meant as replicas or for the practice of martial arts. Machetes. Disguised knives and knives with opening mechanisms designed for quick deployment of a blade. Pesticides requiring application by a certified professional. Research chemicals. Toxic, flammable, combustible or radioactive materials. Unmailable goods, per the United States Postal Service.
3. Cash Transactions Businesses (Cash Heavy Businesses). Physical cash businesses where the business activity is based in physical “hard” cash used for financial services or physical transfer of currency (notes and coins) from one party to another. This is in contrast with cash used for the purchase of goods and non-financial services (Mom and Pop store purchases). Examples of cash for financial services would include businesses cashing checks (check cashers) and sellers of money orders. Kiosk or other ATMs that accept cash to facilitate the purchase of cryptocurrency or alternative financial services such as bill payment, money transfer, prepaid cards.
4. Forex Services. Forex Trading businesses that offer a high degree of leverage, are susceptible to high volatility, represent a significant risk of recall, offer trading via CFD-like products, or have no, or weak KYC/AML procedures.
5. Gambling. Games of chance including gambling, internet gambling, casino games, sweepstakes and contests, and fantasy sports leagues with a monetary or material prize. Payments of an entry or player fee that promises the entrant or player will win a prize of value; lotteries. Sports forecasting or odds making with a monetary or material prize. Bidding fee auctions.
6. Marijuana / Cannabis. Cannabis products. Cannabis dispensaries and related businesses. CBD products with THC levels that are greater than the applicable local jurisdiction’s legal limit, including CBD edibles. Hydroponic equipment and other cultivation or production equipment marketed for growing marijuana. Courses and information on cultivating marijuana.
7. Precious Metals industry. Businesses buying and selling e.g. gold, silver, platinum, jewelry, coins etc. Precious metal dealers.
8. Tax Exempt Industry. Institutions with tax exempt status, i.e. Charities, Religious organizations etc.
9. Criminal activity of any kind, including but not limited to, money laundering, malicious hacking, terrorist financing, or proliferation of weapons of mass destruction, human trafficking etc.
10. Any goods or services that are illegal or the promotion, offer or marketing of which are illegal or that depict means of propaganda or signs of unconstitutional organizations glorifying war or violating human dignity.
11. Intellectual property infringement.
12. Archaeological findings.
13. Ponzi, pyramid or any other “get rich quick” schemes.
14. Goods that are subject to any trade embargo.
15. Media that is harmful to minors and violates laws and, in particular, the provision in respect of the protection of minors.
16. Body parts or human remains.
17. Protected animals or protected plants;
18. Transactions involving dark web networks (e.g. TOR, I2P and Freenet).
19. Any Market Manipulation. Users are prohibited from engaging in any kind of market manipulation actions which specifically includes, without limitation: front-running, wash trading, spoofing, layering, churning, and quote stuffing. This may include actions on CEX.IO Platform and/or outside of CEX.IO Platform. Actions regarded by CEX.IO as market manipulation will result in blocking User's Account on the Platform with the right to use blocked Funds for reimbursement of negative consequences appeared due to mentioned manipulation at sole discretion of CEX.IO.

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

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

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

14. SANCTIONS AND EXPORT CONTROL

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

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

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

15. ACCOUNT REVIEWS

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

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

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

16. GENERAL OBLIGATIONS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

16.8. Automated Clearing House (ACH) Transfers

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

• Suspension of User internal transfers within CEX.IO products: CEX.IO may temporarily suspend User’s internal transfers within CEX.IO products to maintain the integrity, safety and accuracy of User’s funds during the migration process.

• Suspension of creation of new User Orders: CEX.IO may temporarily suspend Users’ ability to create new Orders to maintain stability and consistency in the order book.

• Cancellation of open User Orders: All or some part of open User Orders may be canceled during the migration process to prevent conflicts with system upgrades and ensure a seamless transition.

• Internal transfers: within the internal Users migration CEX.IO can transfer Users funds within CEX.IO’s products to maintain the integrity of User’s balances during the migration. The User agrees that within such internal transfers the Rounding Policies may apply.

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

17. ACCOUNT CLOSURE

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

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

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

18. TERMINATION OF TERMS

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

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

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

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

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

18.6. CEX.IO may terminate this agreement immediately if you: (i) became, or are likely to become, insolvent or are declared bankrupt; (ii) are in breach of any provision of the Terms of Use; (iii) your use of the Service or the Site is disruptive to our other Users, or you do anything which, in our opinion, is likely to bring us into disrepute; (iv) breach or attempt to breach the security of the Site, including but not limited to, modifying or attempting to modify any information; unauthorized log-ins, unauthorized data access or deletion; (v) interfering with the Service, system, host or network; (vi) reverse engineering of any kind; (vii) spamming; (viii) hacking; (ix) falsifying data; and/or (x) introducing viruses, Trojan horses, worms or other destructive or damaging programs; or engines; or testing security in any way.

19. DORMANT ACCOUNTS AND ESCHEATMENT FEES

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

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

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

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

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

20. DIGITAL ASSETS AVAILABILITY

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

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

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

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

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

21. CEX.IO PAY SERVICE

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

22. DIGITAL ASSETS TITLE AND CUSTODY

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

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

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

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

23. OPERATION OF DIGITAL ASSET PROTOCOLS

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

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

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

24. DELISTING OF DIGITAL ASSETS  FROM CEX.IO PLATFORM 

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

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

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

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

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

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

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

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

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

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

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

25. DEATH OF ACCOUNT HOLDER

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

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

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

26. RECOURSE FOR BREACH OF THE TERMS OF USE

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

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

27. SERVICES AVAILABILITY

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

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

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

28. API, WIDGETS, AND MOBILE APPLICATIONS

28.1. API request limit is determined on a case-by-case basis by the respective separate contract. If the limit is exceeded, it may result in a delay for 10 minutes. For example, if you perform 600 queries in the first minute, the next query is possible only after 9 minutes + 1 second.

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

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

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

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

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

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

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

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

29. INTELLECTUAL PROPERTY

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

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

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

30. LIMITATION OF LIABILITY

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

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

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

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

31. INDEMNITY

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

32. NO SOLICITATION

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

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

33. FORCE MAJEURE

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

34. SEVERABILITY

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

35. CHANGE OF CONTROL

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

36. ENTIRE AGREEMENT

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

37. NON-WAIVER OF RIGHTS

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

38. ELECTRONIC TRANSMISSION

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

39. E-SIGN DISCLOSURE AND CONSENT

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

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

39.3. Hardware and Software Requirements - In order to access and retain electronic Communications, you will need a computer or other device with an Internet connection that has a current web browser with cookies enabled and 256-bit encryption support (TLS 1.2 or higher)(e.g.Google Chrome version 90.0 or above; Mozilla Firefox version 88.0 or above; Microsoft Edge version 90.0 or above; Safari version 14.0 or above; Opera version 76.0 or above) with Cookies and JavaScript enabled. You will also need to have a valid email address on file with CEX.IO and sufficient storage space to save past Communications or an installed printer to print them.

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

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

40. PROMOTIONS

40.1. CEX.IO may offer marketing, incentive programmes under which eligible users may receive promotional bonuses, rewards, fee rebates or similar (collectively, “Promotions”) from time to time. Such Promotions are ancillary to the Services and do not alter the nature or scope of the Services described in these Terms of Use. The detailed terms, conditions and mechanics of any Promotions are governed by separate terms and Promotions and Reward Center Terms as published by CEX.IO from time to time, which apply in addition to these Terms of Use. Before participating in any future Promotions, you agree to abide by the corresponding terms of use provided at the time of the promotion. It is important to review and understand the specific terms and conditions, as well as additional privacy policies (if applicable), of each Promotion before entering or participating.

41. WEBSITE ACCURACY AND THIRD-PARTY WEBSITES

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

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

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

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

42. COMPLAINTS

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

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

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

43. MODIFICATIONS AND AMENDMENTS

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

44. DISPUTE RESOLUTION. ARBITRATION AGREEMENT

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

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

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

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

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

44.5. Pre-Arbitration Dispute Resolution. CEX.IO is committed to resolving disputes in a fair and efficient manner. We believe that most concerns can be resolved satisfactorily by reaching out to our support team at support@cex.io. If, despite these efforts, an issue remains unresolved, before initiating arbitration, the party seeking arbitration must first send a written Notice of Dispute (“Notice“) to the other party by certified mail. The Notice should be sent to the following address: 100 SE 2nd St, Suite 3852 Miami, Florida, 33131, USA.

44.6. The Notice must include the following:

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

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

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

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

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

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

44.12. Arbitrator Selection and Authority. In the event of any dispute subject to arbitration, the arbitration shall be conducted in accordance with the prevailing rules and procedures of a reputable arbitration organization, such as the American Arbitration Association (“AAA”) Rules.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

45. CONTACT INFORMATION

45.1. If you have any questions concerning these Terms, the Site, or any other matter, you may contact us by Live Chat on the Site. CEX.IO Corp. is located at 100 SE 2nd St, Suite 3852 Miami, Florida, 33131, USA.

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

GENERAL RISK DISCLOSURE 

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

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

Risk of fraud

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

Cybersecurity threats

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

Irretrievable loss of Digital Asset 

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

Technological failures and Platform outages

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

Price volatility risk 

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

Liquidity, delisting, and network congestion risk 

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

No federal or private insurance

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

Regulatory risk 

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

User responsibility

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

Fees structure

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

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

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

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

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

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

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

Last update: 29 December 2025

These Terms of Use and the Privacy Policy (together, the “Terms”) apply to any person that accesses and uses this Site, registers for and/or opens a CEX.IO Account or any associated mobile applications, website, or application program interfaces. These Terms constitute a legally binding agreement between you (also referred to herein as “you” “your” or “User”) and CEX OVRS LLC, a company, established in Nevis, company number: L 22275, with registered office address at Suite 1, A.L. Evelyn LTD Building, Charlestown, Nevis (“CEX.IO”, “us”, "we” or “our”). By registering for and opening a CEX.IO Account or accessing the Site, you understand and accept these Terms and agree to be bound by and act in accordance with them. If you are using the Platform on behalf of a business or entity, you acknowledge and agree that you have authority to bind such business or entity and that such business or entity accepts these terms.These Terms set forth the terms for your use of the Site and are effective as of the date you accept or otherwise agree to the terms of this Agreement (“Effective Date”). Users may be granted additional levels of access to the Site and their relationship with CEX.IO may be governed by additional agreements and/or terms of use that govern their account(s) (e.g. CEX.IO Prime users must agree to the Prime Liquidity Service Agreement).

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

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

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

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

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

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

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

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

Service availability may vary depending on which of our Services you use and the location you use them from. 

The service of exchange of crypto-assets for funds within the meaning of Regulation (EU) 2023/1114 (“MiCA”) as amended from time to time, together with any applicable delegated and implementing regulations, is provided separately by CEX.IO EUROPE, S.L., a company, duly incorporated in Spain, registered office address at Paseo de la Castellana 53, 1ª, 28046, Madrid, Spain, registered as the Provider of Virtual Currency Exchange Services for Fiat Currency by the Bank of Spain. CEX.IO EUROPE, S.L. is acting under its own terms and regulatory permissions. Access to and use of the exchange of crypto-assets for funds service is conditioned upon your agreement to, and continued compliance with, CEX.IO EUROPE, S.L.'s applicable Terms of Use. Where required, you will provide your acceptance before transacting; otherwise, continued use after notice may constitute acceptance to the extent permitted.

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

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

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

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

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

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

1. DEFINITIONS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2. THE SCOPE OF THE SERVICES

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

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

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

3. THE USER’S RIGHTS AND RESPONSIBILITIES

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

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

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

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

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

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

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

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

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

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

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

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

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

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

4. THE USER’S REPRESENTATIONS AND WARRANTIES

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

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

• has accepted these Terms of Use;

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

• if the User is a corporate User, such company has the legal capacity to accept these Terms of Use and participate in transactions involving Cryptocurrencies.

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

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

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

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

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

5. CEX.IO'S RIGHTS AND RESPONSIBILITIES

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

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

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

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

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

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

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

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

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

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

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

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

• Suspension of User internal transfers within CEX.IO products: CEX.IO may temporarily suspend User’s internal transfers within CEX.IO products to maintain the integrity, safety and accuracy of User’s funds during the migration process.

• Suspension of creation of new User Orders: CEX.IO may temporarily suspend Users’ ability to create new Orders to maintain stability and consistency in the order book.

• Cancellation of open User Orders: All or some part of open User Orders may be cancelled during the migration process to prevent conflicts with system upgrades and ensure a seamless transition.

• Internal transfers: within the internal Users migration CEX.IO can transfer Users funds within CEX.IO’s products to maintain the integrity of User’s balances during the migration. The User agrees that within such internal transfers the Rounding Policies may apply.

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

5.13. We may, for efficiency, quality and continuity of the Services, rely on third-party service providers (including CEX.IO affiliates) under outsourcing arrangements, which may require us to transfer or make available limited data to them strictly for the purposes of performing technical and security operations, operational support, payment processing, internal controls, customer due diligence and background checks, sanctions and fraud prevention, risk assessment, product development and maintenance, advertising and communications, claims administration, customer support and other ancillary services. The use of such service providers requires that we transfer or make available some data to them. You agree to such outsourcing arrangements and instruct us to transfer or make accessible data (as further defined below) concerning you and, where relevant, concerning persons linked to you such as your beneficial owners and representatives, to a number of service providers in the context of outsourcing arrangements. The data to be transferred or made available includes, if you are an individual, your surname, first name, address, date and place of birth and nationality, and if you are a legal entity, your corporate name, registered office, legal form, registration number for legal entities, as well as the aforementioned data on individuals for your beneficial owners and representatives. The data to be transferred or made available also includes for any person, its contact details such as phone numbers and e-mail addresses as well as financial data and usage data in relation to the Services.

6. CEX.IO’S REPRESENTATIONS AND WARRANTIES

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

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

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

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

7. ACCOUNT ACCESS AND API ACCEPTABLE USE

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

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

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

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

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

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

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

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

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

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

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

8. THE USER'S ACCOUNT INFORMATION

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

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

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

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

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

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

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

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

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

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

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

9. INTELLECTUAL PROPERTY RIGHTS

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

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

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

10. DATA COLLECTION

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

11. ACCOUNT SECURITY

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

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

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

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

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

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

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

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

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

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

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

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

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

• limit alerts

• sending restrictions

• two-factor authentication

• pre-transaction

• re-verification/advance advice; and other measures.

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

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

12. THE USER VERIFICATION

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

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

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

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

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

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

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

13. ACCOUNT REVIEWS

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

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

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

14. ACCOUNT CLOSURE

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

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

15. TRANSACTIONS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

16. MAINTENANCE AND STORAGE FEES

16.1. An Account shall be deemed inactive where the User has not accessed the Account by logging in, nor performed any Deposits or Transactions, including but not limited to conversions, trades, deposits, or withdrawals, for a continuous period exceeding one hundred and eighty (180) calendar days. The period of inactivity shall commence on the calendar day immediately following the most recent recorded User activity on the Account. Upon such determination, the Company may in its absolute discretion initiate a structured reactivation process, consisting of monthly electronic communications (including push notifications and/or emails) directed to the User’s registered contact information, explicitly designed to inform and encourage re-engagement with the Account. The User shall be duly informed that continued inactivity beyond the specified period may result in the Account being classified as dormant, with potential imposition of Maintenance Fees and eventual deactivation in accordance with these Terms. All communications shall be deemed validly delivered upon successful dispatch to the User’s registered email address, notwithstanding any failure by the User to receive such communications due to technical or User-initiated email filtering measures.

16.2. In the event that the User does not perform any authenticated login to the Account, nor effectuate any Deposit, Withdrawal, Transaction, or any other form of Account activity for a continuous period exceeding twelve (12) calendar months, calculated from the calendar day immediately following the most recent recorded User activity on the Account, CEX.IO shall be entitled to designate such Account as dormant (“Dormant Account”). Prior to effectuating such designation, CEX.IO shall provide the User with written notification, transmitted to the email address registered with the Account, no less than thirty-one (31) calendar days in advance, thereby affording the User a reasonable opportunity to prevent such designation by reactivating the Account through appropriate affirmative action. Should the User fail to reactivate the Account within the notice period, CEX.IO reserves the unilateral right to impose a non-refundable Maintenance fee, reasonably incurred in connection with the upkeep, preservation, and safeguarding of the Account in accordance with the Terms. In the event that the Maintenance Fee fully extinguishes the Account balance or reduces it to zero, CEX.IO is entitled to deactivate and/or formally close the Account.

16.3. In the event that more than twenty-four (24) calendar months have elapsed since the User last signed into its Account or engaged in any form of the mentioned Account activity, CEX.IO shall have the right, at its sole discretion, to designate such Account as deactivated (“Deactivated Account”). Upon the designation of an Account as Deactivated Account, CEX.IO may transfer the balance of the Account into a segregated account maintained by CEX.IO, specifically designated for the secure holding of dormant Funds. This transfer shall be carried out to ensure the security and proper segregation of the User’s Funds. Prior to effectuating the dormant designation and transfer, CEX.IO shall provide the User with written notification, which shall be sent to the email address registered with the Account. Such notification shall be issued no less than thirty-one (31) calendar days in advance of the proposed transfer and deactivation. Should the User fail to reactivate the Account or take any other action to prevent the dormant designation within the thirty-one (31) calendar days' notice period, CEX.IO shall proceed with the transfer of the Account balance into the segregated account and shall deactivate the Account.

16.4. For Dormant and Deactivated Account(s), CEX.IO will charge a monthly Maintenance fee for the storage and safeguarding of funds. The fee for individual users will be the greater of 0.3% of the Account’s outstanding balance or 30 USD per month (or its equivalent in any other Fiat currency or Cryptocurrency). For corporate users, the Maintenance fee will be the greater of 0.5% of the Account’s outstanding balance or 100 USD per month (or its equivalent in any other Fiat currency or Cryptocurrency). These fees will be automatically deducted from the User's Account balance each month. If the Account balance is fully depleted or the Account is deactivated or closed, no further Maintenance fees will be charged. CEX.IO reserves the right to adjust these fees in the future, with prior notice to the User as stipulated in these Terms.

16.5. Upon deactivation, the Account shall no longer be accessible for any transactions, and any remaining balance shall be held in the segregated account. The User may request the return of the Deactivated Account Funds subject to applicable fees or charges, if any. To reactivate inactive or Deactivated Account, the User is required to provide a request from an authorised e-mail address through CEX.IO Support. CEX.IO reserves the right to request updated 'Know Your Customer' (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. CEX.IO reserves the right to decline the reactivation request should the User fail to provide the required documentation or fail to meet the applicable compliance requirements.

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

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

16.8. In the event that CEX.IO ceases to support a particular Cryptocurrency, a non-refundable Storage fee may be charged to the User for the storage of that Cryptocurrency, until the remaining asset is either claimed by the User or the Account balance is reduced to zero. CEX.IO shall provide the User with written notice of its intention to cease supporting the particular Cryptocurrency, which shall be sent via email to the address registered with the Account. Such notice shall be given no later than seven (7) calendar days prior to the cessation of support for the Cryptocurrency. The Storage fee, if applicable, will be calculated and applied in accordance with the prevailing rate set by CEX.IO, and shall be non-refundable. The User remains responsible for retrieving their assets prior to the cessation of support or the depletion of the Account balance.

16.9. In the event that CEX.IO is no longer able to support a particular Cryptocurrency due to changes in applicable laws or regulatory requirements, CEX.IO reserves the right to convert the User’s Funds of that Cryptocurrency into another accessible Cryptocurrency or Fiat currency, at CEX.IO’s sole discretion. The User hereby agrees that, should such a conversion be necessary, the User’s Funds will be automatically converted to a suitable alternative as determined by CEX.IO. CEX.IO shall provide the User with prior written notice via email to the email address registered with the Account, informing the User of the proposed conversion. In such cases, CEX.IO will apply the prevailing market rate for the conversion, and the User agrees to bear any associated costs or fees resulting from the conversion. The User further agrees that CEX.IO shall not be held liable for any loss of value or any adverse effects arising from the conversion process. If the User wishes to retrieve their original Cryptocurrency prior to the conversion, the User must do so within the notice period. After the expiration of the notice period, CEX.IO will proceed with the conversion, and the User shall not be entitled to claim the original Cryptocurrency.

16.10. CEX.IO’s prior notice obligation, as specified in these Terms, shall be deemed fulfilled from the moment the email notice is sent to the User’s registered email address. CEX.IO shall bear no liability if the User fails to receive such notice due to the User having unsubscribed from CEX.IO’s newsletter, marked CEX.IO’s emails as “spam,” or taken any other action that prevents the delivery of such emails. It is the responsibility of the User to ensure that they maintain up-to-date contact preferences and that CEX.IO’s emails are not blocked, redirected, or otherwise undelivered.

16.11. CEX.IO can deduct the Storage fee from any balances held in the Account.

16.12. CEX.IO reserves the right to modify the Maintenance fee and/or Storage fee, as well as the method by which these fees are charged. In the event of any changes, CEX.IO will provide the User with written notice of its intention to alter the Storage fee or the manner in which it is applied. Such notice shall be sent via email to the User’s registered email address, and shall be delivered no less than seven (7) calendar days prior to the effective date of the changes. The User’s continued use of the Platform after the effective date of such changes shall be deemed acceptance of the updated fees.

17. DOUBLE SPENDING

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

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

17.3. If the User Account’s balance is insufficient to cover any resulting shortfall, the User is obligated to deposit additional funds or assets into the Account to cover the shortfall. Should the User fail to do so within five (5) calendar days, CEX.IO reserves the right to unilaterally sell any assets in the User’s Account to cover the shortfall

17.4. CEX.IO has a right to claim the full cover of the exceeding amount using all available legal options. Should CEX.IO incur any fees, whether legal or otherwise, in pursuing an User for non-compliance with this clause 17, CEX.IO reserves the right to claim such fees back from the User.

18. CRYPTOCURRENCIES LISTED ON CEX.IO

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

19. DELISTING OF CRYPTOCURRENCIES FROM CEX.IO PLATFORM 

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

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

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

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

19.5. The User hereby acknowledges and warrants that they fully understand and accept that, in the event CEX.IO is unable, for any reason including but not limited to low liquidity, to convert a delisted Cryptocurrency, CEX.IO shall have the sole and irrevocable right to write off all remaining balances of such delisted Cryptocurrency held in the User’s Account and to cease support for the relevant blockchain.

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

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

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

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

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

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

20. FORKS OF SUPPORTED CRYPTOCURRENCY

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

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

21. STAKING

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

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

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

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

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

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

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

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

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

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

• The User may have exposure to risks on the third-party platforms which may result in losses;

• High price fluctuations of cryptocurrencies can result in significant losses in a short period of time;

• Technical anomalies may occur, which may delay or prevent you from using Staking or performing related transactions, resulting in losses;

• The annual percentage yield ('APY') and annual percentage rate ('APR') indicated on the Platform for each cryptocurrency is not guaranteed and can be changed at any time due to changes on a blockchain, which may result in not gaining expected rewards.

• Market anomalies and unforeseen events may occur, which may result in losses;

• User hereby warrants that the User has the necessary experience and knowledge to use Staking and understands and acknowledges the potential risks of using Staking. Users should carefully consider and evaluate their financial condition along with the above-mentioned risks before making any decision to use Staking.

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

22. CEX.IO PAY SERVICE

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

23. INSTANT BUY / SELL

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

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

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

24. TRANSACTION FEE

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

26. ONE-CLICK TRANSACTION AGREEMENT

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

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

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

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

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

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

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

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

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

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

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

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

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

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

27. ROUNDING POLICY

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

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

28. ILLEGAL TRANSACTIONS

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

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

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

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

• human trafficking;

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

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

• archaeological findings;

• drugs, narcotics or hallucinogens;

• weapons of any kind;

• illegal gambling services;

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

• goods that are subject to any trade embargo;

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

• body parts or human remains;

• protected animals or protected plants;

• weapons or explosive materials;

• any other illegal goods, services or transactions.

29. TERMINATION OF THE TERMS OF USE

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

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

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

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

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

30. SERVICES AVAILABILITY

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

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

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

31. API, WIDGETS, AND MOBILE APPLICATIONS

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

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

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

32. PROMOTIONS

32.1. CEX.IO may offer marketing, incentive programmes under which eligible users may receive promotional bonuses, rewards, fee rebates or similar (collectively, “Promotions”) from time to time. Such Promotions are ancillary to the Services and do not alter the nature or scope of the Services described in these Terms of Use. The detailed terms, conditions and mechanics of any Promotions are governed by separate terms and Promotions and Reward Center Terms as published by CEX.IO from time to time, which apply in addition to these Terms of Use. By participating in any future Promotions, you agree to abide by the corresponding terms of use provided at the time of the promotion. It is important to review and understand the specific terms and conditions, as well as additional privacy policies (if applicable), of each Promotion before entering or participating.

33. FINANCIAL OR LEGAL ADVICE

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

34. TAXATION

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

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

35. NOTICES AND COMMUNICATION

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

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

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

36. GOVERNING LAW AND DISPUTE RESOLUTION

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

37. LIMITATION OF LIABILITY

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

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

38. INDEMNITY

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

39. MODIFICATIONS AND AMENDMENTS

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

40. FORCE MAJEURE

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

41. LINKS TO THIRD-PARTY WEBSITES

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

42. SEVERABILITY

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

43. NO SOLICITATION

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

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

44. CHANGE OF CONTROL

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

45. NON-WAIVER OF RIGHTS

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

46. ENTIRE AGREEMENT

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

47. LANGUAGE

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

48. CONTACT US

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

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

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

GENERAL RISK DISCLOSURE

This General Risk Disclosure (“Disclosure”) is provided by CEX OVRS LLC (“CEX.IO”, “we”, or “us”) to inform you (“you” or “User”) of certain material risks associated with the use of our Services, as well as the purchase, sale or exchange of Digital Assets in general. By accessing or using the Platform, you acknowledge that you have read, understood, and accepted the following risks.

Before engaging in Digital Asset transactions, we encourage you to familiarize yourself with the nature and risks of such assets. Educational resources are available at Support Center or CEX.IO University.

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

Risk of fraud

By engaging in transactions involving Digital Asset through the Platform, you acknowledge and understand that the nature of Digital Asset may expose you to an increased risk of fraud and deceptive practices.

Fraudulent schemes may include, without limitation, impersonation of legitimate businesses, investment scams, romance scams, social-engineering attacks, phishing, or misuse of compromised accounts.

Because Digital Assets are transferred on decentralized networks and transactions are final once executed, it may be impossible to stop, reverse or recover assets transferred as a result of fraud or unauthorized activity.

Users are solely responsible for verifying the authenticity of communications, websites, and counterparties before authorizing any transaction. The Platform does not offer recovery or replacement of Digital Assets or Fiat currency if you lose funds because of fraud or scams.

Cybersecurity threats

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

Irretrievable loss of Digital Asset

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

Technological failures and Platform outages

You acknowledge that the Platform, including any affiliated wallet infrastructure, blockchain networks, or access portals, may be affected by technical disruptions, outages, or system errors that impair your ability to access, control, or use your Digital Assets. These events may occur with or without notice and may result in delays, failed transactions, or temporary inability to transact.

The Platform does not assume liability for losses, missed opportunities, or damages arising from any such disruptions, except to the extent required by applicable law.

Price volatility risk

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

Liquidity, delisting, and network congestion risk

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

No insurance

You acknowledge that Digital Asset(s) held or transacted through the Platform is not insured or guaranteed by any governmental agency, nor are they covered by any private insurance against theft, loss, or unauthorized access.

Regulatory risk

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

User responsibility

You acknowledge that you are solely responsible for maintaining the security and confidentiality of your login credentials, two-factor authentication, and wallet information. You agree to promptly notify CEX.IO of any suspected unauthorized, mistaken, or accidental transactions. To the fullest extent permitted by law, any delay or failure to notify may materially limit CEX.IO’s ability to assist you, in your efforts, including, without limitation to locate, freeze, or attempt to recover assets or otherwise taking remedial steps, and may prejudice or adversely affect any rights you may have to dispute the Transaction.

You further acknowledge that you are solely responsible for determining, reporting, and paying all taxes that may arise from your use of the Services or any Transaction. CEX.IO does not provide tax advice and does not calculate, withhold, or remit taxes on your behalf unless explicitly required by law.

Fees structure

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

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

Last update: 05 February 2026

These Terms of Use and the Privacy Policy (hereinafter, the “Terms of Use” or the “Terms”) that register for and/or open a CEX.IO Account or any associated mobile applications, website, or application programming interfaces (together, the “Site” or the “Platform”). These Terms constitute a legally electronic agreement that applies to your access (also referred to herein as “you”, “your” or “User”) and CEX.IO Europe, S.L., a limited liability company, duly incorporated and existing under Spanish law, with tax identification number: B72550395, and registered office at Paseo de la Castellana 53 1ª, Madrid, Spain. CEX.IO EUROPE S.L. is registered with reference E028 as a provider of virtual currency exchange services for Fiat and/or Custody of Electronic Currencies in the register of the Bank of Spain (“CEX.IO”, “we”, “us” or “our”). By registering for and opening a CEX.IO Account or accessing the Site, you understand and accept these Terms and agree to be bound by them and act in accordance with them. If you use the Platform on behalf of a business or entity, you acknowledge and agree that you have authority to bind such business or entity and that such business or entity accepts these terms. These Terms set forth the terms for your use of the Site and take effect as of the date on which you accept or otherwise agree to the terms of this Agreement (“Effective Date”). Users may be granted additional levels of access to the Site and their relationship with CEX.IO may be governed by additional agreements and/or terms of use that govern their account(s) (e.g., CEX.IO Prime users must accept the Prime Liquidity Service Agreement).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1. DEFINITIONS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2. THE SCOPE OF THE SERVICES

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

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

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

3. THE USER’S RIGHTS AND RESPONSIBILITIES

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

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

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

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

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

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

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

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

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

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

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

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

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

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

4. THE USER’S REPRESENTATIONS AND WARRANTIES

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

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

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

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

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

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

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

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

5. CEX.IO'S RIGHTS AND RESPONSIBILITIES

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

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

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

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

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

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

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

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

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

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

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

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

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

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

6. CEX.IO’S REPRESENTATIONS AND WARRANTIES

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

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

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

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

7. ACCOUNT ACCESS AND API ACCEPTABLE USE

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

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

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

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

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

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

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

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

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

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

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

8. THE USER'S ACCOUNT INFORMATION

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

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

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

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

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

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

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

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

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

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

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

9. INTELLECTUAL PROPERTY RIGHTS

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

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

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

10. DATA COLLECTION

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

11. ACCOUNT SECURITY

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

12. THE USER VERIFICATION

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

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

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

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

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

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

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

13. ACCOUNT REVIEWS

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

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

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

14. ACCOUNT CLOSURE

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

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

15. TRANSACTIONS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

15.12. CEX.IO reserves the right, but not the obligation, to recover, at the User’s request, the cryptocurrency deposit incorrectly sent to the User’s CEX.IO account in certain situations. The detailed process and all conditions of such recovery, together with the request form, are available here.

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

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

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

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

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

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

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

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

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

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

16. MAINTENANCE AND STORAGE FEES

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

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

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

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

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

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

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

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

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

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

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

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

17. DOUBLE SPENDING

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

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

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

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

18. CRYPTOCURRENCIES LISTED ON CEX.IO

18.1. The User understands that CEX.IO does not own or control the underlying software protocols of Cryptocurrency networks that govern the operation of Cryptocurrencies. In general, the underlying protocols are open source, and available to anyone who can use, copy, modify, and distribute them. The User agrees and understands that: (i) CEX.IO is not responsible for the operation of the underlying protocols, and (ii) CEX.IO makes no guarantees regarding their security, functionality, or availability. The User further acknowledges that CEX.IO performs extensive due diligence before supporting a Cryptocurrency on the Platform in accordance with its listing procedures. The User acknowledges and understands that CEX.IO may choose to support or delist Cryptocurrency in its sole discretion.

19. DELISTING OF CRYPTOCURRENCIES FROM CEX.IO PLATFORM 

19.1. CEX.IO reserves the right to delist any Cryptocurrency for any reason, including but not limited to, low liquidity or blockchain issues.

19.2. CEX.IO will notify Users of any upcoming delisting with a minimum of thirty (30) days' prior written notice. The User is obligated to exchange, if such a possibility is preserved, or withdraw the Сryptocurrency that will be delisted to an external wallet within thirty (30) calendar days of such notice.

19.3. Upon expiration of the thirty (30) calendar day notice period, if the amount of the delisted Cryptocurrency falls below the minimum withdrawal amount, CEX.IO will write off the remaining balance in the delisted Cryptocurrency on the User’s Account. The User may refer to the Limits and Commissions webpage for details on the minimum withdrawal amounts for each Cryptocurrency.

19.4. Additionally, CEX.IO reserves the right, after the expiration of the thirty (30) calendar day notice period, to convert the User’s remaining funds in the delisted Cryptocurrency into USD Coin (‘USDC’) or Tether (‘USDT’)or any other stablecoin at the average Cryptocurrency rate over the five (5) calendar days preceding the delisting date. A commission for such conversion will apply, the amount of which will vary depending on the Cryptocurrency and will be communicated to Users via email prior to the delisting date.

19.5. The User acknowledges and warrants that the User fully understands and accepts that, in the event that CEX.IO is unable, for any reason, including, but not limited to, low liquidity, to convert a delisted cryptocurrency, CEX.IO shall have the exclusive and irrevocable right to cancel all remaining balances of such delisted cryptocurrency held in the User’s Account and to cease supporting the corresponding blockchain.

19.6. Upon announcing the delisting of the Cryptocurrency, CEX.IO reserves the right to suspend all related services, including but not limited to, deposits, trading, and conversions. However, CEX.IO will maintain the ability for Users to withdraw the Cryptocurrency that will be delisted recently.

19.7. The thirty (30) days term for withdrawal of the Cryptocurrency that will be delisted will not be available in case of a force-major, namely an event beyond CEX.IO control, including, but not limited to the Cryptocurrency’s non-working blockchain or wallet, due to which CEX.IO will be unable to conduct any transactions.

19.8. The User acknowledges and agrees that failure to withdraw the delisted Cryptocurrency within the specified thirty (30) day period before its delisting will result in the User losing access to those funds.

19.9. CEX.IO reserves the right to cease any trading pair without prior notice to the Users.

19.10. In some cases that may potentially bring losses to CEX.IO and/or the Users, or in case of any force major, or in the event that CEX.IO receives an order from a relevant government authority and/or Cryptocurrency Delisting is part of a legal or regulatory action CEX.IO is entitled under its sole discretion to delist any Cryptocurrency from the Platform immediately.

19.11. CEX.IO’s prior notice obligation mentioned in this section is deemed fulfilled from the moment of sending the email to the User. CEX.IO bears no liability if the User has unsubscribed himself/herself from CEX.IO’s newsletter or marked CEX.IO’s emails as “spam” and for this reason did not receive CEX.IO’s notices.

20. FORKS OF SUPPORTED CRYPTOCURRENCY

20.1. The User agrees and understands that the underlying protocols of supported Cryptocurrencies are subject to changes in the protocol operating rules. Such an event may lead to a “Fork” whereby the network protocol may disagree on the proposed change in protocol, thereby resulting in only part of the network adopting the new protocol with the result that the network will bifurcate into different blockchains with one adopting the new protocol and the other rejecting the proposed protocol. Although each potential Fork is different, it may result in more than one version of the blockchain or Cryptocurrency following the Fork. The User further agrees and understands that Forks may substantially affect the value, function, and transaction speed of the Cryptocurrencies the User holds at CEX.IO. CEX.IO will use reasonable discretion to determine which Forked blockchain is supported by the greatest number of miners and users, and to determine which Forked blockchain may be supported.

20.2. In the event of a Fork, the User agrees and understands that CEX.IO reserves the right to temporarily suspend the operations of the affected network protocols, while we determine, in our sole discretion, which, if any, Forked blockchain to support. As each Fork is different, the User agrees and understands that the determination made by CEX.IO in regard to the Forked blockchain is under no time constraints or deadlines, and our determination to support, or not support, a Fork may be changed at our sole discretion. Under certain circumstances, if a Fork is not supported, the Cryptocurrencies resulting from the unsupported blockchain may become the property of CEX.IO. The User agrees and acknowledges that prior to any Fork, the User has the right to withdraw the User’s Cryptocurrencies and retain the unsupported blockchain at the User’s own discretion, bearing the sole responsibility for any risks incurred.

21. STAKING

21.1. CEX.IO allows the User to participate in the Transaction validation process (hereinafter - «Staking») on proof-of-stake («PoS») blockchains. Such blockchains allow the participating holders of a minimum-required balance of a specific Cryptocurrency to validate Transactions and earn Staking rewards.

21.2. CEX.IO operates the software and infrastructure necessary to run a validator node on the PoS blockchain networks. During the times that CEX.IO validator is selected on a network to run a validator node, CEX.IO provides services explained as Staking. CEX.IO offers Staking Services for the Users as a custodial solution and non-custodial Staking to whoever connects to the validation node on the chain.

21.3. CEX.IO acts as a node operator or validator on the PoS blockchain networks, which allow the holders of applicable Cryptocurrency to become delegators. When delegating, participant stakes Cryptocurrency and delegates the voting powers attributable to such a staked Cryptocurrency to CEX.IO acting as a validator. This allows CEX.IO to participate in the governance of selected blockchains. All decisions made by CEX.IO related to the PoS blockchains are exempt from any disputes from the delegators.

21.4. Non-custodial Staking requires delegating to CEX.IO validation nodes a certain amount of certain Cryptocurrency. Such delegation shall not involve the transfer of any Cryptocurrency from the delegator to CEX.IO or vice versa, and any delegated Cryptocurrency shall at all times remain the property of, and under the control of a delegator. The delegator can unstake his Cryptocurrency at any time from the CEX.IO validation node. Each PoS network has its own rules about the unbonding or lock-up period, meaning the Cryptocurrency might not be unstaked instantly. CEX.IO as a validator has no control over this time period meaning the delegator itself would bear any financial risk from price fluctuations. The delegator acknowledges that he remains in full control of his keys, seed phrases, and should be the sole responsible for the security of his own digital assets. Providing a non-custodial service, CEX.IO does not have any control over the Cryptocurrency of the delegators and will not be able to recover these Cryptocurrency in case of theft or loss.

21.5. Staking rewards are calculated and initiated by the dedicated PoS blockchain. The Platform is not responsible for the conditions and results of the Staking process of the relevant PoS blockchain.

21.6. CEX.IO does not guarantee that you will receive Staking rewards, any specific reward, or any Staking return over time. Please read carefully the staking conditions of the respective PoS blockchain.

21.7. The yield earned by the Users is determined by, and subject to the rules of the PoS blockchain, which may be changed or modified by such PoS blockchain at their sole discretion. CEX.IO has no control over, nor will CEX.IO be liable for, any change made by any PoS blockchain.

21.8. Unless otherwise specified, the rewards are usually calculated and updated every hour, and sent to your account once per month. Please refer to the CEX.IO Earn Service product page for specific annual yield and rewards information for each PoS blockchain. Staking services may not be available to Users in all jurisdictions.

21.9. The tax treatment of Staking rewards is uncertain, and it is the responsibility of the User to determine what taxes, if any, arise from receiving Staking rewards. The Users are solely responsible for reporting and paying any applicable taxes arising from Staking. The User acknowledges that CEX.IO does not provide investment, legal, or tax advice to the User in connection with such election to participate in Staking. The Users should conduct their own due diligence and consult their own advisors before making any decision to participate in Staking.

21.10. The User understands and accepts the following risks that may arise and the related losses the User may incur from using Staking, including without limitation:

• The User may have exposure to risks on the third-party platforms which may result in losses;
• High price fluctuations of cryptocurrencies can result in significant losses in a short period of time;
• Technical anomalies may occur, which may delay or prevent you from using Staking or performing related transactions, resulting in losses;
• The annual percentage yield ('APY') and annual percentage rate ('APR') indicated on the Platform for each cryptocurrency is not guaranteed and can be changed at any time due to changes on a blockchain, which may result in not gaining expected rewards.
• Market anomalies and unforeseen events may occur, which may result in losses;
• User hereby warrants that the User has the necessary experience and knowledge to use Staking and understands and acknowledges the potential risks of using Staking. Users should carefully consider and evaluate their financial condition along with the above-mentioned risks before making any decision to use Staking.

21.11. The Staking process description, information about eligible cryptocurrencies for staking and terms for rewards located on: https://staking.cex.io.

22. CEX.IO PAY SERVICE

22.1. Subject to your compliance with these Terms and your satisfaction of all applicable eligibility criteria, CEX.IO may allow the User to send or receive certain Digital Assets to or from other eligible CEX.IO Account holders on the Platform through the service referred to as the “CEX.IO Pay Service”, intended for personal use.

22.2. Your use of the CEX.IO Pay Service is strictly conditioned upon (i) your compliance with all eligibility requirements set out in these Terms and (ii) compliance with all applicable laws and regulations in your jurisdiction of residence. The CEX.IO Pay Service is made available to you solely for personal and non-commercial use, and may not be used to send or receive Digital Assets to or from third parties, unless expressly permitted by CEX.IO. You are solely responsible for selecting the recipient of any transfer and for verifying the authenticity, accuracy, and suitability of such recipient. CEX.IO does not select, endorse, or assume any responsibility for the identity, legitimacy, or suitability of any recipient designated by you. Any eligibility verification performed by CEX.IO, including validation of an active Account, jurisdictional support, and the recipient’s verification status, is technical and administrative in nature and does not constitute an endorsement or acceptance of the recipient, nor does it relieve you of your full responsibility for any loss, error, or unauthorized transfer resulting from the recipient you choose.

22.3. CEX.IO expressly reserves the right, in its sole discretion, to establish additional eligibility criteria or restrictions governing your access to or use of the CEX.IO Pay Service. In addition, the availability of the CEX.IO Pay Service is strictly limited to the jurisdictions in which CEX.IO is authorized to provide such services. CEX.IO reserves the right to restrict, suspend, or disable access to the CEX.IO Pay Service, in its sole discretion, in order to maintain compliance with licensing requirements and regulatory obligations.

22.4. Before initiating any Digital Asset transfer through the CEX.IO Pay Service, you may be required to complete and satisfactorily comply with any and all compliance, verification, and due diligence procedures that CEX.IO deems necessary. Failure to satisfy such compliance requirements to CEX.IO’s satisfaction may result in the suspension, delay, or denial of the requested transfer or of your access to the CEX.IO Pay Service.

22.5. To initiate a Digital Asset transfer via the CEX.IO Pay Service (each, a “CEX.IO Pay”), you, as sender, must submit to CEX.IO explicit instructions specifying (i) the type and amount of Digital Assets held in your Account that you wish to transfer, and (ii) the designated recipient for such transfer (the “CEX.IO Pay Instructions”). By providing the CEX.IO Pay Instructions and confirming the transaction, you authorize CEX.IO to execute the transfer of the specified Digital Assets to the recipient you select. You may only initiate a CEX.IO Pay to a user who has a CEX.IO Account and who meets the eligibility criteria to access and use the CEX.IO Pay Service. CEX.IO will perform an automatic eligibility verification prior to executing the transfer and, in the event that the designated recipient does not meet the necessary criteria (e.g., residing in a supported jurisdiction or having completed the required verification procedures), CEX.IO will notify you at the time you initiate the transaction and prevent the submission of the CEX.IO Pay Instructions. You may not proceed with the transaction unless such eligibility conditions are met.

22.6. You represent and warrant that your CEX.IO Account holds sufficient Digital Assets to cover the total amount of the transfer at the time you submit the CEX.IO Pay Instructions. If the available Digital Asset balance in your Account is insufficient to complete the requested CEX.IO Pay, you may choose to use other Digital Assets in your Account to conduct an operation under the Instant Buy/Sell service in order to obtain the amount and type of Digital Assets required for the transfer. Such transactions will be subject to the fees and terms applicable to the Instant Buy/Sell service set out in these Terms.

22.7. You may initiate a Digital Asset transfer to a recipient only if such Digital Assets are supported and authorized for transfer within the jurisdiction applicable to the recipient. CEX.IO reserves the exclusive right, in its sole discretion and without prior notice, to add, restrict, suspend, or remove any Digital Asset from the list of assets eligible for transfer via the CEX.IO Pay Service in any jurisdiction. Prior to executing any CEX.IO Pay, CEX.IO will verify and validate the recipient’s eligibility to receive such transfer. Transfers will be prohibited if the recipient’s CEX.IO Account does not meet the eligibility requirements set by CEX.IO in these Terms, applicable laws and regulations.

22.8. Your access to and use of the CEX.IO Pay Service are subject to transaction limits, which may include, but are not limited to, restrictions on the amount and frequency of CEX.IO Pays that you may initiate in any given period. CEX.IO reserves the right to modify, adjust, or impose such transaction limits at any time, in its sole discretion and in accordance with applicable law.

22.9. You acknowledge and agree that upon submission of the CEX.IO Pay Instructions and confirmation of the transaction, CEX.IO will promptly commence processing the transfer. Consequently, the designated Digital Assets may be debited from your CEX.IO Account immediately upon your confirmation. Title and ownership of the Digital Assets transferred through the CEX.IO Pay Service shall pass to the recipient immediately upon successful completion of the transfer.

22.10. You are solely responsible for verifying the accuracy and completeness of all transaction information before submitting the CEX.IO Pay Instructions, as transfers processed through the CEX.IO Pay Service are final and may not be cancelled or reversed, except as determined by CEX.IO in its sole discretion and only if it has the technical capability to perform such cancellation or reversal. You acknowledge and agree that you will bear full responsibility for any inaccuracy or error in the CEX.IO Pay Instructions submitted, and that such errors may result in the irreversible loss of your Digital Assets.

22.11. CEX.IO Payments that you initiate may be reflected as having a “Pending” status in your CEX.IO Account (each a “Pending CEX.IO Payment”). Such Pending CEX.IO Payments may remain in this status for a variable period, depending on factors beyond CEX.IO’s control. Pending CEX.IO Payments will either be ultimately rejected or successfully completed as CEX.IO Payments.

22.12. CEX.IO Payments may fail due to circumstances beyond CEX.IO’s control. In the event that a CEX.IO Payment fails, you will be promptly notified of such failure. You may reinitiate the transfer by submitting new CEX.IO Pay Instructions in accordance with the procedures set forth in these Terms.

22.13. All completed CEX.IO Payments are final and, except as expressly provided herein, are not subject to reversal or cancellation. CEX.IO reserves the sole and absolute discretion to accept or refuse any cancellation request. Acceptance of any cancellation request shall not create any obligation or precedent to cancel future CEX.IO Payments under the same or similar circumstances. CEX.IO reserves the right to cancel or refuse to process any Pending CEX.IO Payments as required by applicable law, regulation, court order, or directive of any governmental or regulatory authority to which CEX.IO is subject in any applicable jurisdiction.

22.14. Fees. There are no fees charged by CEX.IO for the use of the CEX.IO Pay Service, unless expressly stated otherwise in the Terms or communicated to the User with reasonable prior notice.

22.15. By using the CEX.IO Pay Service, you acknowledge and agree that, for the purpose of facilitating Digital Asset transfers and ensuring accurate identification of transaction counterparties, certain limited identifying information will be disclosed to the recipient of each CEX.IO Pay transaction. Specifically, the recipient will be able to view: (i) your registered first name, (ii) the first letter of your last name, and (iii) your unique CEX.IO user identification number assigned to your CEX.IO Account. CEX.IO does not authorize recipients to use or process this information for any purpose other than the intended transaction. For additional information on how CEX.IO collects, uses, and protects your personal data, please refer to our Privacy Policy.

23. CEX.IO INSTANT BUY / SELL

23.1. The CEX.IO Instant Buy is an offer to purchase Cryptocurrencies in a single-click transaction, subject to our current fees for purchasing Cryptocurrencies. The Cryptocurrency available for Instant Buy is made available by CEX.IO at its sole discretion.

23.2. The CEX.IO Instant Sell allows users to sell Cryptocurrency in a single-click transaction, subject to our current fees. The Cryptocurrency available for Instant Sell is made available by CEX.IO at its sole discretion.

23.3. All pricing or performance data related to the Instant Buy / Sell is for informational purposes only. The Instant Buy / Sell is not an offer to purchase or sell any single security, investment, or financial instrument. The Instant Buy / Sell offer is not a recommendation to buy, sell or hold any Cryptocurrency or any amount of Cryptocurrencies and does not constitute investment advice, financial advice, or trading advice.

24. TRANSACTION FEE

24.1. The User agrees to pay CEX.IO the Transaction fee for each completed Transaction.

24.2. Prior to trading, the User must consider Transaction fee rates published on the Fee Schedule page. However, CEX.IO reserves the right to change the Transaction fee rates from time to time by publishing updates on the Fee Schedule page.

24.3. The Transaction fee amount is automatically charged off in the currency indicated after symbol '/' in the trading pair after the relevant Transaction. Thus, for BTC/USD the fee is charged in USD; for ETH/BTC the fee is charged in BTC.

24.4. The minimum transaction fee equals the minimum currency amount. For Fiat currency, it equals 0.01, for Cryptocurrency it depends on the currency. The Transaction fee is charged according to the Rounding Policy described below.

24.5. The minimum and maximum price, as well as the minimum and maximum Order amount, varies for each trading pair and can be seen on the Trade Page when placing an order.

24.6. For specific types of Orders, the Transaction fee may differ from those published on the 'Fee Schedule' page. The Transaction fee rate shall be disclosed before the Order execution.

24.7. The Transaction fee, other charges, as well as the charging procedure can be changed/reviewed unilaterally by CEX.IO from time to time and such changes shall become effective the moment they are posted on the Site.

24.8. The User acknowledges and agrees that every Cryptocurrency network can deduct its own network fee.

24.9. CEX.IO may charge network fees, sometimes called miner fees, to process Cryptocurrency Transactions on the User’s behalf. CEX.IO will calculate the network fee at its discretion.

24.10. Bank fees charged to CEX.IO are netted out of transfers between CEX.IO and its banking partners. The User may be responsible for additional fees charged to the User based on the User’s individual customer agreement with his financial services provider.

25. TRADING FEE BALANCE AVAILABLE ON THE CEX.IO SPOT TRADING PRODUCT

25.1. At its sole discretion, CEX.IO may offer Users an incentive, in the form of a trading fee balance credited to a User, to use the CEX.IO Spot Trading platform. The trading fee balance is conditional, limited in size and in use. 

25.2. Specific conditions (requirements) fulfilment of which may grant the User the trading fee balance (hereinafter - “Trading Fee Balance”) are up to CEX.IO and subject to change without notice. The total Trading Fee Balance may consist of several parts, granted upon fulfilment of specific conditions, with separate expiration dates or remaining open-ended. Specific mechanics of how each specific Trading Fee Balance is granted, including but not limited to the landing page address, timing of the Trading Fee Balance delivery, are also up to CEX.IO and subject to change without notice. 

25.3. The mechanics and conditions to getting the Trading Fee Balance may include a few steps, e.g. corresponding to the User’s onboarding on the Platform, each of which may be rewarded with a separate Trading Fee Balance. The participation may include the need to opt-in. If opt-in is included as a condition to participation, only steps completed after the opt-in on the dedicated landing page count towards the potential eligibility for the Trading Fee Balance. Steps completed prior to the opt-in, when the opt-in is required, do not count towards the potential eligibility for the Trading Fee Balance.

25.4. The Trading Fee Balance can be issued in the form of a trading fee discount within the CEX.IO Spot Trading product of a specific value in Tether (“USDT”) (or any other cryptocurrency) held on the User’s account, separate from the User's CEX.IO Spot Trading usual account balance. 

25.5. Depending on the type, the Trading Fee Balance may have either a specified expiration date or be open-ended. Please refer to the expiry date on the individual Trading Fee Balance that can be found on the User’s “Finances” page in the trading terminal.

25.6. In case the specific Trading Fee Balance has an expiration date, then after the expiry date, the remaining unused Trading Fee Balance will expire and be burned without the possibility of its further use. Any orders active after the expiration of a specific Trading Fee Balance will be fulfilled at the applicable fees charged from the User's other available Trading Fee Balances, if any. If no other specific Trading Fee Balance is available to the User, the applicable fees will be deducted from the User's CEX.IO Spot Trading usual account balance.

25.7. In case the User receives an open-ended Trading Fee Balance, the User will be able to use the Trading Fee Balance on CEX.IO Spot Trading until the User spends it. Notwithstanding the above, the User agrees that CEX.IO reserves the right to unilaterally terminate such Trading Fee Balance and write off the unused portion of the Trading Fee Balance allocated to the User’s CEX.IO Spot Trading account.

25.8. The User is able to check his/her available Trading Fee Balance and its parts, if applicable, on the User’s “Finances” page in the trading terminal.

25.9. In case when, for example, the User has X amount of USDT on the Trading Fee Balance, and a trading fee for the order is Y amount of the second currency of a trading pair chosen (for example, for the ETH/BTC trading pair the fee will be calculated in BTC), then the equivalent of Y amount will be withdrawn from the User’s CEX.IO Spot Trading Fee Balance at the CEX.IO Spot Trading’s current applicable spot market rate, which may be volatile.

25.10. In case the Trading Fee Balance can only cover a portion of the applicable trading fees on the CEX.IO Spot Trading product, then the portion of the trading fees will be covered by the Trading Fee Balance, while the remaining trading fees will be charged as usual from the User’s CEX.IO Spot Trading account’s balance.

25.11. If there is another unexpired Trading Fee Balance on a User’s CEX.IO Spot Trading’s account, this balance will be used automatically towards the applicable CEX.IO Spot Trading fees.

25.12. Trading Fee Balance can only be used as a discount towards applicable trading fees on CEX.IO Spot Trading. Trading Fee Balance cannot be traded, exchanged, transferred, or withdrawn for equivalent currency or equivalent digital assets. The Trading Fee Balance can be used only to cover trading fees of the CEX.IO Spot Trading and no other CEX.IO products.

25.13. In the event of CEX.IO and/or CEX.IO Spot Trading initiates Platform and/or Service maintenance, repairs, upgrades, or any Force Majeure Event (as specified in the Terms of Use), the Trading Fee Balance may be suspended for a period of time until CEX.IO and/or CEX.IO Spot Trading resumes or is reasonably expected resume its Service.

25.14. CEX.IO may change, extend, freeze, terminate, cancel, or retrieve (write off) the Trading Fee Balance before the expiration date and the open-ended Trading Fee Balance, whether or not with notice. This may happen for several reasons, including, but not limited to, a violation of the Terms of Use or other legal documentation and/or Policy by the User, potential services abuse, a risk of money laundering and/or other suspected illicit activities, and/or other activities or behaviours. These, in CEX.IO’s sole and absolute discretionary power, may disqualify the User for the Trading Fee Balance, and/or may deem the User unfit to participate further in this promotion.

25.15. In order to comply with local regulations, certain features may not be available or may become unavailable in the User’s region.

25.16. For more information regarding the CEX.IO Spot Trading product’s Trading Fee Balance functionality please refer to CEX.IO Help Center.

25.17. While the Trading Fee Balance represents a discount to the CEX.IO Spot Trading fees, the User should determine any potential individual tax obligations and possibly seek independent tax advice. 

25.18. THE TERMS AND CONDITIONS OF THIS SECTION DO NOT APPLY TO USERS FROM THE UK.

26. ONE-CLICK TRANSACTION AGREEMENT

26.1. By clicking the “Pay” button you express full consent to this One-Click Transaction Agreement Terms and Conditions (hereinafter – the “Agreement”) and authorise the payment service provider to automatically charge your credit card for recurring delivery of goods or services in chosen amount.

26.2. You acknowledge and agree that transaction receipt will be provided within 2 (two) business days using the agreed method of communication.

26.3. You certify that you are an authorised holder of a credit card. By accepting this Agreement, you agree to contact us via finance@cex.io with the aim to resolve any problem you might have before requesting a chargeback from your bank or credit card provider at any time while or after using our services. A chargeback in breach of the foregoing obligation is a material breach of this Agreement.

26.4. You agree to pay for all goods and/or services or other additional services you ordered through the CEX.IO’s Site available at https://cex.io, as well as for any additional expenses (if necessary), including, but not limited, all possible taxes, charges, etc.

26.5. You take full responsibility for payments made on the Site. The payment service provider only facilitates a payment for the amount indicated by the Site, and it is not responsible for paying by user of the Site the aforementioned additional funds/expenses.

26.6. After clicking the “Pay” button the transaction is irrevocably deemed to be processed and executed. After clicking the “Pay” button you agree that you will not be eligible to cancel the payment or request to cancel it. By placing the order on the Site, you confirm and state that you do not violate legislation of any country. Also, by accepting this Agreement (and Terms of Use), you, as the cardholder, confirm that you are entitled to use Services offered via the Site.

26.7. By starting to use the Site’s services you take legal responsibility for not violating the legislation of any country where this service is being used and confirm that the payment service provider is not responsible for any such unlawful or unauthorised violation.

26.8. By agreeing to use the Site’s services, you understand and accept that processing of any of your payments is executed by the payment service provider, and there is no statutory right of revocation of already purchased goods and/or services or any other opportunities to cancel the payment.

26.9. You acknowledge that this Agreement will remain in effect until you cancel it, and you agree to notify the Website of any changes in your account information within 7 (seven) calendar days after such changes occurred. If you wish to reject using One-Click transaction services for your next purchases of goods and/or services on the Website, you can do that by contacting directly the Support of the Site using email: finance@cex.io.

26.10. The payment service provider is not responsible for any failure to process the data related to your payment card, or for the issuing bank’s refusal to provide authorization of the payment with your payment card. The payment service provider is not responsible for the quality, quantity, price, terms of use of any goods and/or services or other facilities offered to you or purchased by you from the Site by using your payment card. When you pay for any of the Site’s goods and/or services, you are primarily bound by the Site’s Terms of Use. Please note that only you, as the cardholder, are responsible for paying for all goods and/or services you have ordered through the Site and for any additional expenses/fees that can be applied to this payment. The payment service provider acts only as the executor of the payment in the amount stated by the Site, and it is not responsible for pricing, total prices, and/or total sums.

26.11. You acknowledge and agree that in case of any changes in this Agreement the notification will be sent to you at least 7 (seven) business days prior.

26.12. You acknowledge and accept your own responsibility to be updated in the information provided on Site regarding Terms of Use and/or using your personal Account/profile on the Site.

26.13. You agree on the usage of e-mail communication.

26.14. In case there is a situation when you do not agree with the Agreement and/or other reasons, we ask you not to proceed with the payment, and, if necessary, contact directly the Support of the Site using email: finance@cex.io.

27. ROUNDING POLICY

27.1. CEX.IO uses the Rounding Policy in the favour of the Platform on all financial transactions. CEX.IO rounds Fiat currencies to the second digit after the separator. The Rounding Policy for Cryptocurrencies varies depending on Cryptocurrency.

27.2. For the purpose of the processes optimization, transactions on the Platform with regard to some items (including, but not limited to currencies, Cryptocurrencies, etc.) will not be reflected at the User’s Account and will appear as the next whole unit in accordance with the Rounding standards.

28. ILLEGAL TRANSACTIONS

28.1. CEX.IO reserves the right to suspend or terminate your CEX.IO Account at any time if we reasonably believe to be required to do so by the law or in order to comply with recommendations issued by a relevant government authority or recognized body for the prevention of financial crime.

28.2. It is strictly forbidden to use the Account for any illegal purposes. CEX.IO will report any suspicious activity to the relevant law enforcement authorities.

28.3. The User shall ensure that they do not use the Services for the Transactions relating to:

• money laundering, terrorist financing, proliferation of weapons of mass destruction;
• human trafficking;
• any goods or services that are illegal or the promotion, offer or marketing of which is illegal or that are offered in connection with illegal, obscene or pornographic content, depict children or minors in sexual postures, depict means of propaganda or signs of unconstitutional organizations glorifying war or violating human dignity;
• any goods or services, promotion, offer or marketing of which would violate copyrights, industrial property rights or other rights of any person;
• archaeological findings;
• drugs, narcotics or hallucinogens;
• weapons of any kind;
• illegal gambling services;
• Ponzi, pyramid or any other “get rich quick” schemes;
• goods that are subject to any trade embargo;
• media that is harmful to minors and violates laws and, in particular, the provision in respect of the protection of minors;
• body parts or human remains;
• protected animals or protected plants;
• weapons or explosive materials;
• any other illegal goods, services or transactions.

29. TERMINATION OF THE TERMS OF USE

29.1. The User may terminate the Terms of Use by closing his Account at any time, following settlement of any pending transactions.

29.2. The User also agrees that CEX.IO may, by giving notice, at its sole discretion terminate his/her access to the Site and to his/her Account, including without limitation, our right to: limit, suspend or terminate the Service and the Users' Accounts, prohibit access to the Site and its content, Services, and tools, delay or remove hosted content and take technical and legal steps to keep the Users off the Site if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties or acting inconsistently with the letter or spirit of these Terms. Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate Accounts of the Users for any reason, including without limitation: (1) attempts to gain unauthorised access to the Site or another User's account or providing assistance to others attempting to do so, (2) overcoming software security features limiting the use of or protecting any content, (3) usage of the Service to perform illegal activities such as money laundering, illegal gambling operations, financing terrorism, or other criminal activities, (4) violations of these Terms of Use, (5) failure to pay or fraudulent payment for Transactions, (6) unexpected operational difficulties, or (7) upon the request of law enforcement or other government agencies, if deemed to be legitimate and compelling by CEX.IO, acting at its sole discretion.

29.3. CEX.IO also reserves the right to cancel unconfirmed Accounts or Accounts that have been inactive for a period of six (6) months or more and/or to modify or discontinue our Site or Service. The User agrees that CEX.IO will not be liable to them or to any third party for termination of their Account or access to the Site.

29.4. The suspension of the Account shall not affect the payment of the Transaction fees due for past Transactions. Upon termination, the User shall provide valid bank account details or Cryptocurrency address to allow the transfer of any currencies deposited to his/her Account. CEX.IO shall transfer the currencies as soon as possible following the User's request in the time frames specified by CEX.IO.

29.5. CEX.IO will send the credit balance of the User’s Account to him/her, however, in circumstances, a number of intermediaries may be involved in an international payment and these or the beneficiary bank may deduct charges. CEX.IO will use reasonable efforts to ensure that such charges are disclosed to the User prior to sending the payment; however, where they cannot be avoided, the User acknowledges that these charges cannot always be calculated in advance and that he/she agrees to be responsible for such charges.

30. SERVICES AVAILABILITY

30.1. All Services are provided “AS IS”, without guarantees of any kind, either expressed or implied.

30.2. CEX.IO will strive to keep the Site up and running; however, all online Services suffer from occasional disruptions and outages and CEX.IO is not liable for any disruption or loss the User may suffer as a result. Thus, CEX.IO does not provide any guarantees that access to the Site will not be interrupted or that there will be no delays, failures, errors, omissions, or loss of transmitted information.

30.3. CEX.IO will use reasonable endeavours to ensure that the User can normally access the Site in accordance with the Terms of Use. CEX.IO may suspend use of the Site for maintenance and will make reasonable efforts to give the User a notice. The User acknowledges that this may not be possible in an emergency. You may always check the status of CEX.IO at any time. CEX.IO is not liable or responsible for any damages incurred by you as a result of maintenance or downtime.

31. API, WIDGETS, AND MOBILE APPLICATIONS

31.1. API requests are limited to 600 requests per 10 minutes. If this limit is exceeded, it may result in a ban for 10 minutes. For example, if you perform 600 queries in the first minute, the next query is possible only after 9 minutes + 1 second.

31.2. CEX.IO may provide widgets for the User’s use to put our data on the User’s websites. The User is free to use widgets in their original unmodified and unaltered state.

31.3. CEX.IO may provide mobile applications (“mobile apps”), which can be used to get access to the Account. The use of these mobile apps is subject to these Terms of Use.

32. PROMOTIONS

32.1. CEX.IO may offer, from time to time, marketing and incentive programmes under which eligible users may receive promotional bonuses, rewards, fee rebates or similar (collectively, the “Promotions”). Such Promotions are ancillary to the Services and do not alter the nature or scope of the Services described in these Terms of Use. The detailed terms, conditions and mechanics of any Promotions are governed by separate terms and by the Promotions and Reward Center Terms as published by CEX.IO from time to time, which apply in addition to these Terms of Use. Before participating in any Promotion, you must carefully review and understand the applicable Promotion Terms made available by CEX.IO for that Promotion, including eligibility and verification requirements, qualification criteria, limitations and exclusions, valuation and use restrictions including any expiry, fees and charges and any potential tax consequences, material risks including crypto-asset price volatility and the irreversible nature of crypto-asset transactions where relevant, and any additional privacy notices or disclosures that apply to the Promotion. By participating in any future Promotions, you agree to abide by the corresponding terms of use provided at the time of the promotion.

33. FINANCIAL OR LEGAL ADVICE

33.1. CEX.IO does not provide any financial, investment or legal advice in connection with the Services provided by CEX.IO. CEX.IO may provide information on the price, range, volatility of Cryptocurrencies, and events that have affected the price of Cryptocurrencies, but it should not be considered as an investment or financial advice and should not be construed as such. Any decision to buy or sell Cryptocurrencies is the User’s decision and CEX.IO will not be liable for any loss suffered. The Users should conduct their own research regarding Cryptocurrencies.

34. TAXATION

34.1. The User undertakes to pay all of his/her taxes and duties resulting from the use of CEX.IO Services, and should be paid according to the regulations of the User’s jurisdiction of residence.

34.2. CEX.IO is not responsible for any violation made by the User due to his/her obligation to calculate and pay taxes and duties.

35. NOTICES AND COMMUNICATION

35.1. CEX.IO reserves the right to send notices to, and communicate with, the User by any means of communication available to CEX.IO, considering the contact details provided by the User.

35.2. The User expressly agrees to receive any notices in electronic form and to be bound by them, as required by the Terms of Use.

35.3. The main official information channel of CEX.IO is the CEX.IO Blog.

36. GOVERNING LAW AND DISPUTE RESOLUTION

36.1. These Terms of Use shall be governed by and construed in accordance with the laws of Spain, unless otherwise expressly provided. All disputes and controversies arising out of or in connection with this website and these Terms of Use shall be submitted to the jurisdiction of Spain courts, as the Court of the first instance. If any portion of these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, such portion shall be deemed severable and shall not affect the validity and enforceability of any remaining portion.

37. LIMITATION OF LIABILITY

37.1. IN NO EVENT SHALL CEX.IO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS BE LIABLE TO THE USER OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) ACCURACY, COMPLETENESS OR CONTENT OF THIS SITE, OR ANY OF CEX.IO RELATED MEDIUMS OF COMMUNICATION, INCLUDING TELEGRAM, BLOG, FACEBOOK, TWITTER, (II) ACCURACY, COMPLETENESS OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE AND/ OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USER'S USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, OR ANY OF CEX.IO RELATED MEDIUMS OF COMMUNICATION, INCLUDING TELEGRAM, BLOG, FACEBOOK, TWITTER, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL OR EQUITABLE THEORY AND WHETHER OR NOT CEX.IO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. IN ADDITION, THE USER SPECIFICALLY ACKNOWLEDGES AND AGREE THAT IN NO EVENT SHALL CEX.IO’S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY THE USER FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OF USE OR THE USER'S USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

37.2. CEX.IO will not be liable for the Transactions, initiated by the User, below the prescribed limits, as stated in clause 15.10. hereof.

38. INDEMNITY

38.1. The User agrees to protect, defend, indemnify and hold harmless CEX.IO and its officers, directors, employees, agents, and third-party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities, and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by CEX.IO directly or indirectly arising from (i) the User’s use of and access to this Site or the Services found at this Site; (ii) the User’s violation of any provision of the Terms of Use or the Policies or agreements which are incorporated herein; and/or (iii) the User’s violation of any third-party right, including without limitation any intellectual property or another proprietary right. The indemnification obligations under this section shall survive any termination or expiration of the Terms of Use or the User’s use of this Site or the Services found on this Site.

39. MODIFICATIONS AND AMENDMENTS

39.1. CEX.IO reserves the right to amend or modify any portion of these Terms of Use at any time by publishing the revised version of the Terms of Use on the Site. The changes will become effective and shall be deemed accepted by the User, the first time the User uses the Services after the publishing of the revised Terms of Use and shall apply on a going-forward basis with respect to any activity initiated after publishing. In the event that the User does not agree with any such modification, the User's sole and exclusive remedy is to terminate the use of the Services and close the Account. The User agrees that CEX.IO shall not be liable to the User or any third party as a result of any losses suffered by any modification or amendment of these Terms of Use.

40. FORCE MAJEURE

40.1. If CEX.IO is unable to perform the Services outlined in the Terms of Use due to the factors beyond its control including but not limited to the event of Force Majeure (including but not limited to any act of war), change of law, or a change in sanctions policy, CEX.IO will not have any responsibility to the User with respect to the Services provided hereunder and for a time period coincident with the event.

41. LINKS TO THIRD-PARTY WEBSITES

41.1. This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by CEX.IO. CEX.IO assumes no responsibility for the content, terms, and conditions, privacy policies, or practices of any third-party websites. In addition, CEX.IO does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release CEX.IO from any and all liability arising from the User's use of any third-party website. Accordingly, CEX.IO encourages the User to be aware when the User leaves this Site, or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of any other website that you may visit.

42. SEVERABILITY

42.1. If any provision of these Terms of Use shall be determined to be invalid or unenforceable under any rule, law, or regulation of any local, state, or federal government agency, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of these Terms of Use shall not be affected.

43. NO SOLICITATION

43.1. None of the representations made by CEX.IO herein constitute an offer to buy or sell or a solicitation of an offer to buy or sell investments, loans, securities, partnership interests, commodities, or any other financial instruments of any kind. CEX.IO makes no representation or warranty, express or implied, to the extent not prohibited by applicable law, regarding the advisability of investments of any kind.

43.2. Any of the content on any of the Site or mobile applications do not necessarily reflect the views of CEX.IO as a whole, its directors, officers, employees, shareholders, or any part or member thereof.

44. CHANGE OF CONTROL

44.1. In the event that CEX.IO is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control. For more information, please refer to CEX.IO’s Privacy Policy.

45. NON-WAIVER OF RIGHTS

45.1. These Terms of Use shall not be construed to waive rights that cannot be waived under applicable state money transmission laws in the state where you are located.

46. ENTIRE AGREEMENT

46.1. The User unequivocally agrees and understands that these Terms of Use collectively memorialise the relationship and agreement by and among you and CEX.IO. These Terms of Use entered into by the User and CEX.IO, supersedes all prior discussions, agreements, or correspondence of any kind.

47. LANGUAGE

47.1. CEX.IO makes these Terms of Use available to users in Spanish and may also make translations available in other languages for convenience and accessibility. All user-facing contractual information and communications will be provided in a manner that is fair, clear and not misleading. Where a translated version is provided, the Spanish version constitutes the governing version for users contracting with CEX.IO Europe S.L. in Spain and shall prevail in the event of any inconsistency, discrepancy, or interpretative conflict between language versions. Translations are provided for informational purposes only and do not modify the meaning of the Spanish version.

48. CONTACT US

48.1. If you have any questions relating to the Service, the Site, your Account or any other matter, please, contact us by live chat on the Site.

48.2. If you have any questions relating to these Terms of Use, your rights and obligations arising from these Terms, and/or your use of the Site please, contact legal@cex.io.

48.3. Additional resources may be found through our Help Centre.

GENERAL RISK DISCLOSURE

This General Risk Disclosure (“Disclosure”) is provided by CEX.IO Europe, S.L. (“CEX.IO”, “we”, or “us”) to inform you (“you” or “User”) of certain material risks associated with the use of our Services, as well as the purchase, sale or exchange of Digital Assets in general. By accessing or using the Platform, you acknowledge that you have read, understood, and accepted the following risks.

Before engaging in Digital Asset transactions, we encourage you to familiarize yourself with the nature and risks of such assets. Educational resources are available at the Support Center or CEX.IO University.

DIGITAL ASSETS ARE SUSCEPTIBLE TO FRAUD, CYBERSECURITY THREATS, AND IRREVERSIBLE LOSS. By using the Platform, you expressly acknowledge, understand, and accept the following risks:

Risk of fraud

By engaging in transactions involving Digital Assets through the Platform, you acknowledge and understand that the nature of Digital Assets may expose you to an increased risk of fraud and deceptive practices.

Fraudulent schemes may include, without limitation, impersonation of legitimate businesses, investment scams, romance scams, social-engineering attacks, phishing, or misuse of compromised accounts.

Because Digital Assets are transferred on decentralized networks and transactions are final once executed, it may be impossible to stop, reverse or recover assets transferred as a result of fraud or unauthorized activity.

Users are solely responsible for verifying the authenticity of communications, websites, and counterparties before authorizing any transaction. The Platform does not offer recovery or replacement of Digital Assets or fiat currency if you lose funds because of fraud or scams.

Cybersecurity threats

You acknowledge that Digital Assets and related services may be subject to attacks by hackers, malware, phishing attempts, credential compromise, or other unauthorized access attempts targeting blockchain networks, accounts, wallets, private keys, APIs, or third-party vendors. Due to the decentralized, digital, and pseudonymous nature of Digital Assets, malicious actors may attempt to gain unauthorized access to your account, private keys, or login credentials to steal your assets. These risks may result in the permanent and irrecoverable loss of Digital Assets.

Irretrievable loss of Digital Assets

Digital Asset transfers are generally irreversible by design. Once executed and recorded on a blockchain, a transaction may not be canceled, reversed, or modified. This applies in cases of mistaken, unauthorized, or fraudulent transfers. You acknowledge that immutability and finality of blockchain transactions may lead to the permanent loss of funds if incorrect transfer instructions are provided or your account is compromised. CEX.IO shall not be liable for such losses, except to the extent explicitly required by applicable law.

Technological failures and Platform outages

You acknowledge that the Platform, including any affiliated wallet infrastructure, blockchain networks, or access portals, may be affected by technical disruptions, outages, or system errors that impair your ability to access, control, or use your Digital Assets. These events may occur with or without notice and may result in delays, failed transactions, or temporary inability to transact.

The Platform does not assume liability for losses, missed opportunities, or damages arising from any such disruptions, except to the extent required by applicable law.

Price volatility risk

You acknowledge that Digital Assets are volatile and may experience rapid and substantial price changes, including sharp increases or decreases over short periods. You may lose some or all of the value of your assets. You should only transact after evaluating whether such volatility or a Digital Asset is appropriate for your financial situation and risk tolerance.

Liquidity, delisting, and network congestion risk

You acknowledge that market liquidity for Digital Assets can be limited or deteriorate quickly. Trading halts, delistings, order-book illiquidity, protocol outages or upgrades, or blockchain congestion and fee spikes may delay, restrict, or prevent your ability to buy, sell, convert, transfer, or withdraw Digital Assets. In some cases, such actions may occur without prior notice to comply with law, address security or operational concerns, or as otherwise permitted under the Terms. Transfers may be irrevocable, and delays or unavailability may result in financial loss.

No insurance

You acknowledge that Digital Assets held or transacted through the Platform are not insured or guaranteed by any governmental agency, nor are they covered by any private insurance against theft, loss, or unauthorized access.

Regulatory risk

The legal and regulatory treatment of Digital Assets is evolving. Laws, regulations, policies, and enforcement approaches may change or be newly introduced at the state or international level. You acknowledge that these changes may adversely affect the legality, availability, or use of our services or specific Digital Asset(s), and regulatory developments may impact your ability to buy, sell, transfer, or hold Digital Asset(s).

User responsibility

You acknowledge that you are solely responsible for maintaining the security and confidentiality of your login credentials, two-factor authentication, and wallet information. You agree to promptly notify CEX.IO of any suspected unauthorized, mistaken, or accidental transactions. To the fullest extent permitted by law, any delay or failure to notify may materially limit CEX.IO’s ability to assist you, in your efforts, including, without limitation, to locate, freeze, or attempt to recover assets or otherwise taking remedial steps, and may prejudice or adversely affect any rights you may have to dispute the Transaction.

You further acknowledge that you are solely responsible for determining, reporting, and paying all taxes that may arise from your use of the Services or any Transaction. CEX.IO does not provide tax advice and does not calculate, withhold, or remit taxes on your behalf unless explicitly required by law.

Fees structure

CEX.IO generates substantially all of its revenue from transaction fees charged in connection with the purchase, sale, exchange, or other disposition of Digital Assets and related services provided to users via the Platform. These transaction fees may be assessed as either (i) a fixed amount per transaction or (ii) a percentage of the transaction value, depending on the type of transaction, asset class, market conditions, and service level. The applicable fees are described and available at Limits and Commissions. You acknowledge that Fees are generally applied at the time of transaction execution and are deducted automatically from your available balance in the relevant currency or Digital Asset, unless expressly stated otherwise.

BY ACCESSING OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND ACCEPTED THE ABOVE RISKS. YOU AGREE THAT CEX.IO SHALL NOT BE LIABLE FOR ANY LOSSES ARISING OUT OF OR IN CONNECTION WITH FRAUD, CYBERSECURITY BREACHES, TECHNICAL FAILURES, OR THE IRREVERSIBLE NATURE OF DIGITAL ASSET TRANSACTIONS, EXCEPT WHERE EXPRESSLY REQUIRED BY LAW.

Last update: 17th of December, 2025

In addition to the Services described in the Terms of Use, the following Virtual Card services may be made available by CEX.IO to Users that fulfil certain eligibility criteria. The provisions for Virtual Card services herein apply to your use of such service, in addition to the other applicable provisions as specified in CEX.IO’s Terms of Use. If you do not use Virtual Card service, then Virtual Card Terms do not apply to you.

1. Definitions

In these Virtual Card Terms, the following words and phrases have the meanings shown next to them:

Account: means an account registered by the user on the CEX.IO platform.

Authorisation: means the process of checking the available funds on a card in order to reserve funds for a purchase.

Available Funds: means the balance of funds in the account that the user may freely dispose of, using the card.

Blocking the Card: means temporary or permanent suspension of the possibility of making card transactions.

Card Issuer/Quicko: means the company Quicko sp. z o.o. that provides card services to CEX.IO users under the licence of National Payment Institution number IP52/2021.

Card Cancellation: means irrevocably preventing card transactions with the use of the card.

Card Transaction: means initiated by the cardholder transaction that can be performed using the card.

Cardholder: means CEX.IO’s authorised user to whom a card is issued.

CEX.IO mobile application: means a software application developed by CEX.IO specifically for use on small, wireless computing devices, such as smartphones and tablets, rather than desktop or laptop computers.

CEX.IO’s Terms of Use: means the rules, specifications, and requirements for the use of CEX.IO’s products and services.

Crediting the Account: means increasing the balance of available funds on the account in any manner permitted under CEX.IO’s Terms of Use and Framework agreement of Quicko application.

Fees: means a variety of charges that can be raised for purchase and ongoing use of the card available at Limits and Commissions Table.

Issuance of a Card: means a service consisting in issuing a payment card referred to in Art. 2 item 15a of the UUP.

Merchant: means an entrepreneur who accepts payments for goods and services using payment cards.

NFC module: means a small transmitter/receiver that enables communication between two electronic devices over a distance of 4 cm (1.57 in) or less.

Payment Order: means a cardholder’s statement containing an order to execute the card transaction.

Personal Information: means any information which identifies a user personally or which may help CEX.IO to identify the user (e.g. name, address, email address, trades, etc.).

PIN: means a four-digit confidential code used to identify the cardholder and to authorise card transactions made with use of devices reading the information contained in the card.

POS terminal: means an electronic device for processing card payments at retail locations.

Refund: means the payment amount that is returned to the card as a result of returning the goods for which payment was previously made using the card.

Transaction Limit: means either the maximum allowable number of card transactions or the maximum transaction amount carried out over a specified period of time authorised by the cardholder or the card issuer for the card transactions ordered.

Using the Card: means using the card, including card data, to initiate a card transaction.

UUP: means the Polish Act of 19 August 2011 on payment services.

Virtual Сard / Card: means a payment instrument in electronic form within the meaning of the UUP issued by Quicko sp. z o.o., enabling card transactions with the use of funds available on the account.

Other terms and definitions are used in the meanings established by CEX.IO’s Terms of Use and Framework agreement of the Quicko application.

2. General provisions

2.1. These Virtual Card Terms apply to any holder of the Virtual Card (the “Cardholder” and the "Card" respectively) and govern the basis upon which you will be provided with the Card and your use of the Card. The Virtual Card Terms should be read in conjunction with the following documents: Terms and conditions of Quicko services, Quicko Privacy Policy and  Framework agreement of the Quicko application.

2.2. CEX.IO Europe, S.L., a limited liability company incorporated and existing under the laws of Spain, tax identification number B72550395, with its registered office at Paseo de la Castellana 53, 1ª, Madrid, Spain, registered with the Bank of Spain under reference E028 as a provider of virtual currency exchange services for fiat currency and/or custody of electronic wallets, (in each case, “CEX.IO”, “us”, “we” or “our”), within the framework of cooperation with Quicko sp. z o.o. provides card services for Users issued by the company Quicko sp. z o.o., a company established under the laws of Poland, with its registered office in Tarnowskie Góry, at ul. Sienkiewicza 49, 42-600 Tarnowskie Góry, registered in the Register of Entrepreneurs of the National Court Register kept by the District Court in Gliwice, 10th Commercial Division of the National Court Register, under the KRS number 0000350151, NIP 5213540295, REGON 142004870, holding the license of National Payment Institution number IP52/2021.

Quicko is authorised to provide payment services as a National Payment Institution (NPI), referred to in art. 60 s. 1 UUP. The current scope of services covered by the permit can be found here.

Quicko web address is https://quickowallet.com and it can be contacted by email - support@quickwallet.com or by phone (24/7 hotline) +48 515 616 200.

2.3. The Card is a payment card in the form of a virtual card issued on demand of the Users who hold supported Digital Assets on CEX.IO platform.

2.4. The Card may be used for various Card Transactions as specified in these Virtual Card Terms and Framework agreement Quicko application.

2.5. CEX.IO is solely responsible for facilitating the sale of your Digital Asset when applicable, and transferring funds to your Account to enable payments.

2.6. Quicko is responsible for:

• opening and maintaining payment accounts;
• issuing and servicing payment cards;
• execution of Card Transactions;
• providing access to the payment services.

2.7. You may only use the Card for lawful transactions.

3. Applying for the Card

3.1. In order to be eligible to use the Virtual Card service you must satisfy the following conditions:

• You must have a registered, active, fully identified and verified CEX.IO account according to CEX.IO’s Terms of Use and KYC procedures.
• The Virtual Card is only available to eligible Cardholders, who must be residents of the European Economic area (EEA) countries. 
• You must have downloaded and installed the CEX.IO mobile application.

3.2. CEX.IO reserves the right to refuse to provide you with the Virtual Card without giving any explanation.

3.3. To receive the Card, the User must apply via the CEX.IO mobile application.

3.4. The Card is issued on the basis of the User's application for a card issuance, which the User places in his/her CEX.IO personal account of the CEX.IO mobile application.

3.5. The Card is issued only in the form of an electronic record and does not exist in the physical (plastic) form. Access to the card data (PAN, expiry date and CVC2/CVV2) is provided to the User via the CEX.IO mobile application.

3.6. The Cardholder can assign a PIN to the Virtual Card when making purchases at terminals, if the Merchant's internal policies and procedures require PIN verification of Card Transactions.

3.7. The Cardholder may use the Virtual Card to make contactless payments using the NFC module on mobile devices equipped with a NFC module.

3.8. If you apply for a Card, you agree that we may share personal information you previously provided to us under our Privacy Policy to verify your identity, with Quicko and with service providers acting on our behalf or on Quicko’s behalf solely to verify your identity or address, and/or to manage risk as required under applicable law. Personal information shared with Quicko will be treated in accordance with its Privacy Policy. If you object to the sharing of your personal information, or if Quicko is unable to verify your identity with the information provided by CEX.IO, your application for a Card will not be considered. We may refuse to facilitate processing of your application if we determine in our sole discretion that you are in breach of CEX.IO’s Terms of Use.

3.9. The Virtual Card can be used immediately upon receipt in case the User has sufficient Funds on the Account to carry out Card Transaction.

4. User’s obligations

4.1. The User has the following obligations:

4.1.1. to observe the procedures and instructions provided by CEX.IO  Terms of Use, CEX.IO’s Virtual Card Terms and requirements described in Framework agreement Quicko application;

4.1.2. to inform CEX.IO and Quicko of any malfunctions that prevent performing Card Transactions;

4.1.3. to hold sufficient amount of Funds on the Account to settle commission, fees and carry out Card Transactions;

4.1.4. to immediately but no later than in 5 (five) calendar days notify CEX.IO if any material information on the User has changed;

4.1.5. to block the Card immediately after the Card was stolen, lost, or unauthorised third party obtained access to payment card data.

5. Using the Card

5.1. Only the Cardholder is entitled to perform Card Transaction with the Card.

5.2. The User may not request an additional Card for another person or add any authorised users to his / her account.

5.3. At the moment of ordering a Virtual Card, it is necessary to select the Digital Assets to be used for Card Transactions. The maximum number of assets is five (5).

5.4. The Virtual Card uses the available User’s balance of all assets that have been selected for the Card Transactions. When ordering the Card it is necessary to select the priorities of assets debiting at the moment of transactions. Subsequent transactions will automatically debit within the available balance on each asset. In case when a transaction has insufficient funds on one of the assets, the system automatically takes the deficiency amount from the asset selected by the client as the next one to be charged.

5.5. All balances on the assets linked to the Virtual Card can be used by the Cardholder in his sole discretion to the fullest extent permitted by these Virtual Card Terms, CEX.IO’s Terms of Use and Framework agreement of Quicko application. Binding of Digital Assets to the Card does not limit the use of Digital Assets in any way.

5.6. CEX.IO executes Card Transactions only up to the amount of Available Funds on the Account and the applicable Transaction Limit.

5.7. The Virtual Card allows the User to:

• make non-cash Card Transactions at a distance in computer networks (so-called e-commerce payments);
• make contactless payments using the NFC module in the event of pairing the Virtual Card with a mobile Device with access to NFC Technology on Android, Google Pay, Apple Pay devices.

5.8. The Virtual Card does not allow the User to:

• make contactless payments from the POS terminals that do not support contactless payments and NFC module;
• make cash deposits in a cash machine.

5.9. CEX.IO and the Card Issuer reserve the right to expand the functions of the Virtual Card in the future.

5.10. Your consent will be required in order to use the Card to make a Card Transaction. The consent may be given by entering the personal identification number (“PIN”) or providing Card details such as the Card number, expiration date, and three digit security code from the reverse side of the Card.

5.11. You are responsible for all authorised transactions initiated and fees incurred by the use of your Card. CEX.IO assumes that all Card Transactions are consented to, authorised and initiated by the Cardholder, unless proven otherwise. If you believe your Card details have been lost or stolen, or that an error or unauthorised transaction has occurred, you should block the Virtual Card immediately and contact support@cex.io and Quicko via support@quickwallet.com or by phone (24/7 hotline) +48 515 616 200. CEX.IO will not be liable for unauthorised transactions if you didn't block your Virtual card and didn't notify about potential fraud via communication channels mentioned above.

5.12. You may find details regarding Card Transactions that you have executed in your CEX.IO Account.

5.13. Depositing Digital Assets

5.13.1. You may deposit Digital Assets into your CEX.IO Account by making a transfer of Digital Assets currently accepted by CEX.IO. The list of Digital Assets that can be deposited is available on the Website.

5.13.2. You are solely responsible for the accuracy of the information you enter to make a deposit.

5.13.3. Funds added to your Account will not earn any interest.

5.13.4. The account balance for your Account is available on our CEX.IO mobile application.

5.13.5. The detailed conditions for deposit into your CEX.IO Account are set out in CEX.IO’s Terms of Use.

5.14. Exchanging Digital Assets

5.14.1. The Digital Assets exchange occurs automatically during the Card Transaction. The list of currencies supported by CEX.IO shall be available on the Website. CEX.IO does not guarantee that certain currencies or Digital Asset will be supported at any time in the future.

5.14.2. Digital Assets shall be exchanged based on the current exchange rate of the respective trading pair that can be volatile. When exchanging Digital Assets against Fiat currency, Digital Assets shall be debited, and Fiat currency shall be sent to the Merchant to cover your purchase.

5.14.3. An exchange can only be performed in respect of funds that you already hold in your Account. A fee will apply when CEX.IO performs a conversion, for more information, refer to Limits and Commissions Table.

5.14.4. CEX.IO reserves the right to impose limits on the amounts for the exchange or the number of exchanges you can perform at its sole discretion.

5.14.5. Once an exchange transaction has been approved, it cannot be reversed or cancelled. If an exchange transaction is cancelled, either in whole or in part, for any reason, the reversal of the conversion from Fiat currency to Digital Assets will not be carried out.

5.15. Paying with a Card

5.15.1. The maximum amount that can be spent on your Card is available at the Limits and Commissions Table. You may use your Card to purchase or lease goods or services anywhere Mastercard debit cards are accepted as long as you do not exceed the established limit.

5.15.2. CEX.IO has no liability if you are unable to complete a Card Transaction due to insufficient funds or exceeding the established limits.

5.15.3. Under normal circumstances, if any payment is attempted that exceeds the Available Funds on the Account the Card Transaction will be declined. In certain circumstances e.g. Digital assets volatility, a transaction may take your Account into a negative balance – this will normally be where the Merchant has failed to seek Authorization for the Card Transaction. In that case, providing that CEX.IO is satisfied that you have not deliberately used the Card in the manner that would result in a negative Account balance, CEX.IO shall grant the technical overdraft on Account to you.

5.15.3.1. The technical overdraft shall be granted by CEX.IO in the form of non-revolving overdraft. CEX.IO shall be entitled to grant on your Account the technical overdraft to the amount that is to be added to the balance of funds available in the Account in order to discharge your particular payment obligations.

5.15.3.2. The technical overdraft shall be deemed received at the moment of discharging your payment obligations.

5.15.3.3. The technical overdraft shall be repaid by you immediately on the day of origination of the same. If the technical overdraft is not recovered immediately after it arises by transferring funds to any assets linked to the Card, CEX.IO reserves the right to automatically cover the debt on the technical overdraft from funds on any other your assets available to CEX.IO.

5.15.3.4. Any transaction dispute should be referred to CEX.IO via support@cex.io and Quicko via appropriate channels as mentioned below.

5.15.3.5. In the event of a dispute an out-of-court settlement may be used, including (i) mediation, (ii) arbitration. The detailed information regarding the methods of settling out-of-court are available on UOKiK's website, at UOKiK contact point's phone: 22 55 60 332 or 22 55 60 333, and also via e-mail – by sending an e-mail to the address: kontakt.adr@uokik.gov.pl. CEX.IO reserves the right to use judicial methods to resolve the disputes.

5.15.4. Your Card cannot be redeemed for cash.

5.15.5. You may not use your Card for any illegal purposes, including but not limited to money laundering, terrorist financing, and other financial crimes according to the applicable law.

5.16. Card Transactions may be restricted, suspended or terminated with immediate effect in situations where:

5.16.1. CEX.IO, in its reasonable opinion, required to do so by contract or by applicable law or any court or other authority to which we are subject in any jurisdiction;

5.16.2. CEX.IO reasonably suspects you of acting in breach of CEX.IO’s Terms of Use, these Virtual Card Terms, or the Framework agreement Quicko application;

5.16.3. CEX.IO has concerns that a Card Transaction is erroneous or about the security of your Card or your Account or we suspect the CEX.IO services are being used in a fraudulent or unauthorised manner;

5.16.4. CEX.IO suspects money laundering, terrorist financing, fraud, or any other financial crime;

5.16.5. Use of your Account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your Account activity.

5.17. Quicko reserves the right to refuse execution of orders related to participation in gambling, unless such gambling is conducted in accordance with the applicable provisions of the Polish Gambling Act.

6. Requirements for ensuring a secure Card usage

6.1. The Card can only be used by the Cardholder.

6.2. The Cardholder is obliged:

• not to disclose to unauthorised persons, and to store and protect with due diligence the Card and its data and data required for Authorisation (e.g. PIN);
• not to disclose Card details for purposes other than making Card Transactions - including not making them available to unauthorised persons and not to allow data or image to be copied;
• not to store the Card together with the PIN, which should be understood as the unavailability of the PIN on a mobile phone or other device without the need to provide an additional login and password;
• to immediately notify CEX.IO and Quicko about the fact of unauthorised use or access to the Card;
• to perform on-going monitoring of the Account's debits and the balance of Available Funds in the scope of the Card Transactions made and to promptly report any inconsistencies or irregularities and to promptly notify CEX.IO and Quicko about the identified unauthorised, non-executed or improperly executed Card Transactions;
• to, at the moment of cancellation of the Card, destroy of all media on which the PIN number was stored;
• not to leave the Card’s data saved via any devices in a way that allows them to be used or read by unauthorised persons.

7. Fees and Charges

7.1. The issuance and maintenance fees along with any other applicable fees and charges are available at the Limits and Commissions Table.

7.2. All commission fees for the Card Transactions shall be debited by CEX.IO from the User’s Account. You can find a list of our fees and charges on our Limits and Commissions Table which are additional and separate from any fees and charges included in Framework agreement Quicko application.

7.3. The User is obliged to provide the Accounts with the funds necessary to cover the fees and commissions due. Lack of sufficient funds to cover fees and commissions can lead to debt. The debt should be repaid immediately.

8. Returns and Refunds

8.1. If you are entitled to a refund for any reason for goods or services obtained with your Card, the refund shall be processed in accordance with the terms set out in  Framework agreement Quicko application and the refund policy of that Merchant (if applicable). Once a refund has been posted by the Merchant, we will arrange for it to be refunded to your CEX.IO Account.

8.2. Neither CEX.IO, nor Quicko shall be responsible for the delivery, quality, safety, legality, or any other aspects of goods or services that you purchase from others with a Card. All such disputes must be addressed and handled directly with the Merchant from whom those goods or services were provided.

9. Cancelling, blocking and expiration of the Card

9.1. The Card may be cancelled in the event that:

• The Cardholder submits an effective statement of withdrawal from the  Framework agreement Quicko application and CEX.IO’s Virtual Card Terms or other agreement that results in the automatic termination of the Card - immediately after receiving the Cardholder's statement in this regard;
• The Cardholder submits an effective statement of termination of the  Framework agreement Quicko application and/or CEX.IO’s Terms of Use or other agreement that results in the automatic termination of the Card - with effect on the date of expiry of the notice period;
• CEX.IO and Quicko terminate their contractual relationships by mutual agreement - with effect as of the date indicated in this agreement with prior notification of the Cardholders;
• The Framework agreement Quicko application or other agreement that results in the automatic termination of the Card expires for the reasons indicated therein - including as a result of the User's objection to changes in the respective agreement and in case of the User's death.

9.2. The Card may be blocked in the event that:

• The Cardholder uses the Card in a manner inconsistent with these Virtual Card Terms, CEX.IO Terms of Use and Terms and conditions of Quicko services.
• There is a justified reason related to the security of trading carried out using the Card - including the possibility of third parties taking possession of the Card data. There is a suspicion of unauthorised use of the Card or data concerning it.
• There is a suspicion of intentional unauthorised Card Transaction.

9.3. CEX.IO reserves the right, in its sole discretion, to discontinue or terminate the Virtual Card service provided to you without notice, temporarily or permanently, including, but not limited to, the following cases: (1) If the Personal Information you have provided is not true, complete, accurate or inconsistent with the information at the time of registration and you have failed to provide reasonable proof (please remember, according to the laws or regulations you should submit true complete and accurate information); (2) If you violate the relevant laws and regulations or the Terms of Use and Terms and conditions of Quicko services; (3) If required by any provisions of the laws and regulations, as well as the requirements of relevant government authorities; or (4) For security reasons or other necessary circumstances, as determined at our sole discretion.

9.4. CEX.IO is entitled to charge a fee for terminating the Virtual Card service provided to you in the amount indicated in the Limits and Commissions Table.

9.5. The Card is valid inclusively until the last day of the calendar month stated on the Card. As soon as the next calendar month begins after the calendar month stated on the Card, the Card shall be deemed invalid. The funds in the Account do not expire.

9.6. After the expiry date, the Card is not renewed. After the expiry of the validity period of the Virtual Card, it will no longer be active.

10. Liability

10.1. This section operates in addition to any limitation of liability expressed elsewhere in these Virtual Card Terms, CEX.IO’s Terms of Use, its integral parts or any other legal applicable agreements and / or policies.

10.2. Unless legal acts determine otherwise, CEX.IO will not be liable to you for any loss arising from:

10.2.1. A Merchant refusing to accept or honour (or delays in accepting or honouring) the Card or PIN.

10.2.2. Quicko restricting, suspending, or terminating a Card or refusing to issue or replace a Card.

10.2.3. Quicko declining a Card Transaction that you make or attempt to make using a Card.

10.2.4. CEX.IO restricting, suspending, or terminating any services provided.

10.2.5. CEX.IO’s compliance with any applicable laws and regulations.

10.2.6. CEX.IO will not be liable for the goods or services that you purchase from a Merchant using a Card.

10.2.7. Any abnormal or unforeseeable circumstances outside our reasonable control (for example, a failure of computer systems which happens for reasons outside our reasonable control or any industrial action which happens for reasons outside our reasonable control) if this prevents CEX.IO from providing its usual service.

10.3. The Cardholder is liable for the breach of obligations stated in these Virtual Card Terms and Terms and conditions of Quicko services, its integral parts or any other applicable legal acts.

10.4. Card Issuer bears liability in the cases specified in Quicko Terms of Services.

11. Modifications and Amendments

11.1. CEX.IO reserves the right to amend or modify any portion of these Virtual Card Terms at any time by publishing the revised version of the Virtual Card Terms on the Website. The changes will become effective and shall be deemed accepted by the User, the first time the User uses the Virtual Card services after the publishing of the revised Virtual Card Terms and shall apply on a going-forward basis with respect to any activity initiated after publishing. In the event that the User does not agree with any such modification, the User's sole and exclusive remedy is to terminate the use of the services. The User agrees that CEX.IO shall not be liable to the User or any third party as a result of any losses suffered by any modification or amendment of these Virtual Card Terms.

11.2. It is your responsibility to check these Virtual Card Terms periodically for changes. Your continued use of the Virtual Card services following the posting of changes will mean that you accept and agree to the changes.

11.3. CEX.IO will notify the Customers about the changes to the CEX.IO Virtual Card Terms relating to the services provided to the Customer via Customer's email address or via the CEX.IO app.

12. Final provisions 

12.1. CEX.IO has the right to disclose information about the Card Transactions performed by the User to third-parties, who under legal acts have the right to receive such information.

12.2. In the event of a conflict between these Virtual Card Terms and Framework agreement Quicko application, the provisions of the  Framework agreement Quicko application shall prevail.

12.3. These Virtual Card terms shall be governed by and construed in accordance with the Republic of Poland’s laws, unless otherwise expressly provided. All disputes and controversies arising out of or in connection with this website and these Virtual Card Terms shall be submitted to the Arbitral Tribunals of the Republic of Poland established by the parties. If any portion of these Virtual Card Terms shall be deemed invalid, void, or for any reason unenforceable, such portion shall be deemed severable and shall not affect the validity and enforceability of any remaining portion.

12.4. If you would like to make a complaint relating to these Virtual Card Terms, please contact us via support@cex.io or to the contact details of the Card Issuer in section 1. If the Card Issuer does not deal with your complaint adequately, please contact us via support@cex.io.