User Agreement*
If you use this Website, DeapX Services available through
the DeapX Platform, create an Account on the DeapX
Platform, you agree to unconditionally accept and comply with the
following publicly available electronic User Agreement (hereinafter
referred to as the "User Agreement").
You should carefully read the User Agreement in full before using this Website or any of the DeapX Services.
In this User Agreement, "DeapX" refers to the DeapX Group.
The text of this User Agreement is posted on www.DeapX.com
and contains all the main terms and conditions of the DeapX
public offer, including the terms of use of the Services and the
Platform. The essential and integral parts of this User Agreement are:
The Policy of Countering the Legalization (Laundering) of Proceeds
from Crime and the Financing of Terrorism and the "Know Your Customer"
policy (hereinafter referred to as the "AML/CFT Policy"), Privacy
Policy, Delisting Policy (if it is published on the Platform separately
from this User Agreement), as well as Commissions.
IMPORTANT: When you create an Account or replenish your Account
balance, access or use the Platform or any of the Services (each of
which is defined below), you confirm that you have read, understood and
fully agree to this User Agreement, which we update and change from time
to time. If you do not agree to be bound by this User Agreement or any
subsequent amendments, changes or updates, you will not have the right
to access or use any Services. If you access or use any of the Services,
you will be subject to the terms of this User Agreement, which will be
updated and changed from time to time. If you do not wish to be bound by
this User Agreement, you must stop using all Services.
PLEASE READ THIS USER AGREEMENT BEFORE USING THE SERVICES. BY
VISITING, VIEWING AND USING THE WEBSITE, SERVICES AND PRODUCTS OFFERED
BY DeapX, BY CONTACTING US, YOU AGREE TO THIS USER AGREEMENT. BY
CHECKING THE CONFIRMATION BOX WHEN CREATING AN ACCOUNT ON THE PLATFORM,
YOU PROVIDE US WITH AN EXPLICIT, EXPLICIT CONSENT TO THE TERMS OF THIS
USER AGREEMENT.
Some or all functions of the Website and Platform may not be
available to you, depending on your country of citizenship and/or
residence.
DeapX and the User have entered into this User Agreement on the following terms and conditions:
-
Definition of concepts
-
In addition to other terms defined in other sections of
this User Agreement, the listed terms have the following meanings:
- "Account" – an account registered by a User on the Platform (including one created through a mobile application).
- "Business day" means any calendar day, except
Saturday, Sunday or any other day on which credit and financial
institutions in Panama are closed.
- "Confidential information" means information
that the User receives or learns when using the Services, or as a result
of accessing and using the Platform, regardless of whether such
information is defined as confidential, as such, which is not generally
known, and/or is not openly published on the Site.
- "Data" means all data and other information
generated or available on the Platform and/or otherwise provided to the
DeapX User under this Agreement, including, but not limited to,
information about Orders, prices, trading volume, transactions,
liquidity, etc.
- "Digital assets" are digital currency and/or
tokens that (as a rule) do not have a central issuer and are distributed
directly between the owners of such currency and tokens and are
intended to be used as a means of exchange, which also use reliable
cryptographic methods to protect Transactions, control the creation of
additional units and verify the transfer of assets (for example, BTC,
ETH, LTC, etc.).
- "Delisting" is the termination of a specific
agreement on the listing of a coin/token, followed by the complete
removal of this Digital Asset from the Platform and the termination of
support for Deposits, Withdrawals and trading of a coin/token, as well
as the possibility of storing these coins/tokens on the balance of
DeapX User Accounts.
- "Deposit", "Deposit of funds" - an operation related to the transfer of funds to the User's balance.
- "Fees" – any fees, fees and/or commissions set by DeapX that are paid by DeapX Users.
- "Fiat money" is a government–issued currency
supported by the government and recognized as legal tender at the
legislative level in the country of issue.
- "Funds" are Fiat money and/or Digital Assets that are placed on the Account balance and used during Transactions.
- "Public authority" means any state, regional,
provincial, district, municipal or local government body, foreign or
domestic body, governing body of an administrative–territorial
subdivision of any of the above-mentioned bodies, or any entity, body,
institution, ministry or other similar body possessing executive,
legislative, judicial powers. regulatory or administrative powers and
functions, including any body or other organization that is established
to perform any of such functions.
- "Legislation", "Law" – all applicable laws,
regulations, ordinances, decrees and rules, interpretations and policy
statements of any government agency, administration, institution or
bodies that in a particular case have jurisdiction over DeapX,
the User or their activities.
- "Order" is a User's offer on the Platform for
the purchase (acquisition), sale (alienation) or exchange of Digital
Assets under certain conditions.
- "Person" means an individual or legal entity (company, corporation, limited liability company, joint stock company, etc.).
- "Personal data" – any information identifying a person, such as name, address, e-mail, etc.
- "Platform" means the DeapX Platform
designed for the exchange/trading of Digital Assets, accessible to the
User through the Website and/or mobile application and/or through other
means specially created by DeapX for these purposes (if
applicable).
- "Representatives" – officials, directors,
members, managers, employees, agents and/or any persons authorized to
act on behalf of a Person in relevant matters in accordance with
Legislation, documents of a legal entity, power of attorney or similar
document.
- "Services" means all services and services provided by DeapX.
- "Third–party organization" means a third-party
provider of software, information and/or technologies whose products,
information or services contribute to DeapX in providing
Services to the User.
- "Transaction" is a transaction with Funds conducted (and/or executed, completed, closed, etc.) through the Platform.
- "User" means any Person who uses the Website,
Services and/or Platform, is the Account owner and has entered into this
User Agreement with DeapX.
- "Voucher" is an alphanumeric code that can be used to transfer Digital Assets between Accounts.
- "Withdrawal" is an operation related to the transfer of funds from the User's Account balance.
- "DeapX Group" means all persons
managing the Platform, namely DeapX Technologies Limited
(Panama), non–corporate organizations and groups that provide
DeapX services and are responsible for such services. In
accordance with these terms, the persons who manage DeapX may
change as DeapX's business adjusts (including meeting new
regulatory requirements), in which case the replacement/new parties will
fulfill their obligations under these terms to the User and provide
services to the User, and such a change does not affect the rights and
interests of the User in accordance with with these terms and
conditions. In such cases, if the User continues to use the
DeapX Services, it is considered that the User has agreed to
comply with the terms of the User Agreement with new persons who
represent DeapX and manage the Platform. In the event of a
dispute, the User must identify the person with whom he interacts using
the Services, as well as the parties to the dispute, depending on
specific services and specific actions that affect the rights or
interests of the User.
- Headings (paragraphs/sections) The User Agreement is
intended only for convenience and in no way affects the meaning or
interpretation of the User Agreement.
- If it does not contradict the context, words in the
singular should include the plural, and words in the plural should
include the singular.
- If it does not contradict the context, a reference to one gender includes (implies) a reference to another gender.
- If the words "include", "including" or "in particular"
are used in this User Agreement, it is considered that they are followed
by the words "not limited to".
- If it does not contradict the context, the words
"other" and "otherwise" are illustrative and should not limit the
meaning of the words preceding them.
-
The subject of this User Agreement
- The subject of this User Agreement is the provision of Services that allow Users to store and exchange Digital Assets.
-
DeapX, in accordance with this User Agreement,
in particular, provides Users with the following Services:
- access to a Platform for storing and exchanging Digital Assets;
- access to the Site, as well as to the Account;
- access to information necessary to use the Platform and perform Transactions;
- access to the services of a payment service
operator and/or a payment service provider required for Transactions,
Deposits and Withdrawals.
- Based on this User Agreement, DeapX may also
provide other Services that are defined in this User Agreement and/or
will be available on the Website or on the Platform.
- DeapX also reserves the right to choose markets
and jurisdictions for conducting business and providing Services, and
may restrict or refuse to provide Services in certain countries at its
discretion.
- The User understands and agrees that DeapX is
not a party to Transactions (unless otherwise provided in this User
Agreement relating to certain specific Services) and does not provide
financial services using Fiat Money. All operations on the Platform are
carried out directly between Users. Financial services related to Fiat
Money are provided by third-party financial institutions.
Notwithstanding the above, in order to ensure security, counter money
laundering and terrorist financing, as well as conduct appropriate
checks, DeapX may administer payment information necessary for
making Deposits, Withdrawals or other Transactions.
-
Requirements and access to Services
- The User can only act on his own behalf or (in the case
of using a corporate Account) on behalf of a legal entity/other
organization that he represents, and cannot use the Services as an
agent, intermediary or broker for another individual, legal entity,
organization.
- The Services are provided exclusively to Persons aged
18 and over. By using the Services, the User confirms that he has turned
18 years old.
- Before accessing and using the Services offered by
DeapX, the User must ensure that the use of the Services,
Platform, Website and mobile application of DeapX is allowed in
the country of his citizenship/residence or in the country from which
the User accesses the Services, Platform, Website or mobile application,
as well as check, are there any possible legal restrictions and/or
prohibitions regarding access to and use of the Services, Platform,
Website or mobile application? The User is solely responsible for
compliance with all applicable laws and regulations, as well as
restrictions and prohibitions of the country of citizenship/residence of
the User and/or the country from which the User accesses the Services,
Platform, Website and mobile application of DeapX. DeapX
is not responsible for the access and use of the Services, Platform,
Website and mobile application by a Person who is a citizen/resident or
accesses the Services, Platform, Website and mobile application from a
country in which the use of the Services, Platform, Website and mobile
application of DeapX is prohibited by law or in which there are
any other prohibitions and restrictions regarding their use and access.
-
By creating an Account, the User declares and guarantees that:
- he has reached the age of legal capacity to
enter into and accept obligations under this User Agreement in
accordance with applicable law;
- he is a natural or legal person or other
organization with full legal capacity and sufficient authority to
conclude this User Agreement;
- he has not previously been prohibited or temporarily restricted from using our Services/or Platform;
- he does not currently have another Account registered on the Platform/Website (multiaccounts);
- if the User enters into this User Agreement on
behalf of a legal entity of which he is an authorized representative,
the User declares and guarantees that he has all the necessary rights
and powers to conclude this User Agreement and assume obligations under
it on behalf of such legal entity.
-
We draw the User's attention to the fact that the use of
the Services, the Website and the Platform is governed by international
compliance requirements and the requirements of economic sanctions.
When sending, receiving, buying, selling, exchanging or storing Digital
Assets on the Platform, the User agrees to comply with these
requirements. The User does not have the right to make any Transactions
on the Platform or use any Services if:
- The User is controlled by or is a citizen or
resident of countries blacklisted by FATF and/or countries subject to
the UN Security Council sanctions list, the financial sanctions regime
of the European Union or Her Majesty's Treasury, the United States
embargo ("State under Sanctions"), or if the User is a person who
subject to the EU financial sanctions regime or Her Majesty's Treasury,
or the List of Specially Designated Citizens of the U.S. Treasury
Department or the List of Prohibited Persons of the U.S. Department of
Commerce ("Sanctioned Person"); or
- he is a citizen and/or resident of the United
States of America or a legal entity whose authorized capital belongs to a
citizen and/or resident of the United States; or
- he is a Person who does not meet any User
compliance standards, DeapX User requirements, and who otherwise
belongs to a high-risk group, including, but not limited to, the
factors listed above.
- Depending on the nationality/place of residence of the
User, there may be other factors limiting the User's use of all or some
of the Services. DeapX reserves the right to restrict the use of
the Services (in whole or in part) for citizens/residents of certain
countries/jurisdictions.
- The User is responsible for compliance with the rules,
laws and other regulatory legal acts of the country of residence (and/or
the country of citizenship and/or other applicable laws and
regulations). The User must comply with all applicable Laws and
regulations related to the use of the Services.
- User information (provided by the User) must not
contain misleading, untrue or falsified data. Providing
misleading/untrue/falsified information or providing forged documents
(including forged identity documents) is prohibited. If DeapX
doubts the correctness, relevance or completeness of the data,
DeapX has the right to deny the User access to the Services (in
whole or in part) and/or suspend the User's Account. In case of
providing false/falsified information or submitting forged documents,
DeapX reserves the right to permanently close the User's
Account.
- The User does not have the right to sell, rent, share
or otherwise transfer to third parties his Account or any data necessary
to access his Account. The User is responsible for ensuring the
security and control of all their usernames, passwords, two-factor
authentication codes or any other codes or data that the User uses to
access the Services. DeapX is not responsible for any losses
incurred by the User due to unauthorized access to the User's Account,
access by third parties to the password/The User's Account. The User
must immediately notify DeapX of the loss of the password and/or
any Account data or illegal access by third parties to the Account.
- DeapX может потребовать, чтобы Пользователь
подтвердил свою личность для доступа к Сервисам. Верификация может
включать проверку номера мобильного телефона Пользователя, документов,
удостоверяющих личность, или адреса проживания. DeapX оставляет
за собой право запросить дополнительную видео-верификацию в режиме
реального времени/онлайн.
- All Accounts are initially created as personal
accounts. After passing the identity verification/compliance procedure,
the User can request an Account upgrade to a corporate Account. If the
User uses the Services on behalf of a legal entity (for example, a
company, corporation, partnership, non-profit organization or other
legal entity), the User must first upgrade the Account to the corporate
level. An Account upgrade to the corporate level is possible upon
request after passing an additional KYC procedure/compliance procedure
related to the relevant legal entity/organization.
-
The policy of countering the legalization (laundering) of income received
criminally, and the financing of terrorism and the "Know your own" policy
the client"
- DeapX takes all necessary measures and uses the
best standards to comply with all applicable laws and regulations
related to combating money laundering and/or terrorist financing.
DeapX will use all reasonable efforts to identify and prevent
the use of the Website by persons involved in any criminal activity in
any jurisdiction.
- In order to avoid and reduce the possible risks of
DeapX's involvement in any type of illegal activity,
DeapX operates in accordance with the AML/CFT Policy and in
accordance with internal procedures for combating money laundering,
countering terrorist financing and "Know Your Customer" (hereinafter
referred to as "AML/CFT Procedures").
-
The AML/CFT DeapX Policy (procedures), in
particular, covers the following issues: - internal control; -
compliance Officer (employee of the Internal Control Department for
compliance with rules and procedures); - staff training; - verification
procedures; - monitoring, risk analysis and a risk-based approach; -
internal audit of the anti-money laundering and terrorist financing
program.
- If DeapX has reason to believe that any
suspicious activity is taking place on the Account (any complaints from
third parties about any suspicious activity) or any suspicious
Transactions are being carried out/planned by the User, DeapX
may, at its sole discretion: refuse to provide access to the Services;
request additional information confirming the legality of the
Transaction, such as additional KYC verification, confirmation of the
origin of funds and/or photo or video verification, etc.; block the
User's access to his Account; terminate the User Agreement without prior
notice to the User.
- By agreeing to this User Agreement, the User confirms that he legally owns Fiat Money and/or Digital Assets.
- DeapX will not provide access to the Services to Users –
citizens/residents/legal entities of countries blacklisted by FATF and
other organizations mentioned in clause 3.4. of this User Agreement,
authorized persons, etc.
-
User Account
- In order to create an Account and undergo the verification
procedure (KYC), the User must complete all registration procedures and
provide DeapX with all necessary information (including
necessary Personal Data, information required for verification/KYC), as
well as accept the terms of this User Agreement (including the AML/CFT
Policy, Privacy Policy, Commissions).
- DeapX may refuse to register and create an Account at its sole discretion.
- Unless otherwise expressly agreed between DeapX and
the User in writing, each User can register only one Account and cannot
use two or more Accounts (multiaccounts). Joint intentional actions of
the User with other Users who are related persons using Accounts with an
internal understanding of the activities, strategies and intentions in
placing and executing Orders are considered as multiaccount management
and entail the termination (closure) of these Accounts without the
permission (consent) of their owners. If the User creates multiaccounts
in violation of this clause, DeapX has the right to terminate
(close) the second multiaccount by the creation date and all subsequent
multiaccounts of the User. As a penalty for this violation,
DeapX has the right to recover the full amount of Funds from the
balances of the second and subsequent multiaccount(s) of the User.
- By registering an Account, the User agrees to provide the
requested information to verify their identity. This information is used
to identify cases of money laundering, terrorist financing, fraud and
other financial crimes through the Website. We will collect, use and
share this information in accordance with our Privacy Policy. In
addition to providing this information and in order to comply with
global industry standards for data storage, the User gives us consent
and permission to store such information for the duration of the
Account, as well as for 5 (five) years after the closure of the User's
Account. The user also consents and allows us to send requests, directly
or through third parties, that will be necessary to verify the user's
identity or protect the user and/or us from financial and other crimes,
such as fraud.
- By providing the information required in accordance with
this section of this User Agreement, the User confirms that it is
accurate and reliable. After registration, the User must ensure that
such information is correct, complete and will be updated in a timely
manner in case of any changes. If there is any reasonable doubt that the
information provided by the user is incorrect, unreliable, outdated or
incomplete, DeapX has the right to send the user a notification
with a request to correct, delete the relevant information directly and,
depending on the circumstances, completely or partially terminate the
User's access to the Services.
- The User is fully responsible for any losses or expenses
incurred while using the DeapX Services, if it is impossible to
contact him by e-mail and/or at the address provided by DeapX.
By entering into this User Agreement, the User confirms and agrees to
update all the information provided in case of any changes.
- By registering an Account, as well as agreeing to the terms
of this User Agreement, the User grants DeapX the right to
send, directly or through third parties, requests that DeapX
deems necessary to confirm the identity or protect the User and/or
DeapX from fraud or other crimes, as well as take measures that
DeapX deems necessary based on the results such requests.
- The account can only be used by the Person in whose name it
is registered. DeapX reserves the right to temporarily restrict
the use, freeze or close the Account if it is suspected that the
Account is being used by a Person other than the Person in whose name
the Account was registered, unless otherwise agreed by the Parties in
writing. The User must immediately notify DeapX of unauthorized
use of the username, password, or any other unauthorized access attempts
to the Account, if the User has suspicions or information about such
unauthorized use.
- The user must independently set a username and password
during registration. The user can also change the password at any time
after completing the registration procedure.
- The User agrees that the information about his Account is
confidential, and the User will not disclose such information to third
parties. The User also agrees to be solely responsible for taking the
necessary security measures to protect the Account and Account
information, including the consequences of non-compliance with such
measures.
- The User must ensure the security and safety of the
password and other credentials to prevent their disclosure to third
parties; at the same time, the User independently determines the best
methods and procedures for storing such information and data, as well as
takes measures to prevent their illegal or unauthorized disclosure and
use.
-
The user agrees:
- notify DeapX immediately if it becomes
aware of any unauthorized use of Account information by any Person, as
well as any other violation of security rules;
- strictly comply with the mechanisms and procedures
in place on the Website regarding security rules, identity verification,
Deposits, Withdrawals and Transactions, as well as
- perform all necessary actions to exit the Website at the end of each visit.
- DeapX is not responsible for any loss or damage
resulting from any unauthorized use by the User or any third party
(regardless of whether such use was authorized by the User) of the
Account using his credentials (including those obtained as a result of a
phishing attack on the User).
- DeapX has created a complex integrated system of
internal security, control, monitoring, in which all personnel actions
are recorded and recorded. In addition, the system does not allow our
specialists to obtain User credentials. The User agrees that
unauthorized access only to his Account (not to the wallet of the
Platform) is regarded as the result of a phishing attack on the User or
as a result of the User's carelessness.
-
Account actions
- All Funds legally transferred to the Account in accordance with applicable law and this User Agreement belong to the User.
- All operations on the Account are performed in accordance
with the User's Orders placed in the appropriate form on the Platform
through the User's Account.
- The User agrees that the company EXCHANGE DeapX
LIMITED (company number: 1035, registered office: 810 Century Tower
Avenida Ricardo J Alfaro City,) He is responsible for transactions with
Fiat funds that are carried out. The User is prohibited from performing
transactions related to securities, including Security tokens,
instruments or contracts from the point of view of securities laws, if
the country of citizenship/residence of the User and/or the country from
which the User accesses the Services, Platform, Website and mobile
application of DeapX is: USA, Canada, China, UK, EU, Japan.
- To make a Deposit on the Account, the User must transfer
funds in accordance with the data specified by DeapX in the
User's Account. We can request documents to verify the source of Funds.
In this case, we will not transfer Funds and/or accept subsequent User
Orders in respect of these Funds until we are provided with
documentation that meets the requirements of DeapX.
- The number of confirmations for the full Deposit of Digital
Assets to the Account may vary depending on the type of Digital Assets
(the required number of confirmations is determined exclusively by
DeapX). During the process of Depositing Digital Assets to the
Account balance, DeapX can pre-display them on the Account
balance (until the required number of confirmations is received), but
Digital Assets will not be available for further Transactions (including
Withdrawals) until the required number of confirmations is received.
- DeapX has the right to set and change
minimum/maximum limits for Deposits and Withdrawals at its discretion.
DeapX is not responsible for not notifying users in advance of
such changes. In that case: - if an amount less than the minimum Deposit
amount has been deposited to the Account balance, the Funds will not be
credited to the User's Account balance on the Platform until the User
deposits an amount equal to or greater than the minimum Deposit amount; -
the amounts of Deposits that do not meet the established minimum are
accumulated and will be credited to the User's Account balance on the
Platform when their amount is equal to or exceeds the minimum amount for
the Deposit; - if an amount exceeding the maximum amount for making a
Deposit has been deposited to the Account, the operation can be studied
and reviewed by DeapX – as a result, the Funds will be credited
to the balance or refunded, unless otherwise provided by the rules for
combating money laundering and terrorist financing.
- In order to withdraw Funds from the Account, the User must
go through the appropriate procedure using the appropriate Account
functionality. DeapX reserves the right to introduce additional
confirmation procedures related to the Withdrawal of Funds.
- DeapX has the right to request Additional
verification measures by the Transaction Protocol in case the User
passes KYC verification in accordance with the AML/CFT risk policy. An
additional Verification measure is to make an Insurance
Deposit/transaction in the specified amount of the specified
Application, namely from 10% (ten percent) to 200% (two hundred percent)
of the total amount of Outgoing payments of the Withdrawal Processing
status. The security deposit is set individually and takes into account
completed transactions, actions taken and the nature of suspicious
transactions on the User's account/accounts. After activation of the
Transaction Protocol, the deposited Security Deposit/transaction is
credited to the internal balance of the User's account for further
use/storage for any available transactions.
- The Platform may set some restrictions on the Withdrawal of
funds and/or Transactions - a ban on initiating Withdrawals and/or
Transactions within a certain period after changing the profile
data/user data in / associated with the Account, including changing or
restoring the password, as well as changing the authorization method. In
addition, the Platform or financial institution (e-money issuer,
payment service provider, bank, etc. d.) may set limits on Withdrawal of
funds for a certain period in case of replenishment of the Account
balance using certain methods (including those declared/considered at
the discretion of DeapX as bearing security risks or AML/CFT
risks). A confirmed Withdrawal is irreversible and cannot be reversed.
- DeapX has no right to initiate Withdrawal/ A
transaction in respect of Funds from the User's Account without proper
indication of the User, except as provided for in this User Agreement.
- DeapX reserves the right to cancel the
corresponding Digital Assets on the User's Account balance if they were
deleted from the Platform as a result of delisting, if the User did not
initiate their withdrawal to an external wallet (address) during the
period determined by DeapX.
- Funds can be transferred for the purpose of making a
Deposit, making Transactions, Withdrawing Funds using the services of
third parties (financial institutions, etc.). If the User deposits or
withdraws Funds using third-party services, the initiated operation is
performed using the tools/assets/funds used in accordance with the
public offer (terms) of a third party accepted by the User, whose
services the User uses to perform the operation, provided that such
terms do not contradict this User Agreement.
- By initiating transactions through the Platform, using the
services of a third party, the User grants the right and gives
instructions to transfer information to such a third party, including
Personal Data necessary to perform initiated operations using the
tools/assets/funds used in accordance with the offers (conditions) of
third parties accepted by the User. The User is responsible for the
operations performed using the services of third parties.
- DeapX is not responsible for the actions of such a
third party. The User is fully responsible for paying all commissions
and fees associated with such a transfer of Funds, and also assumes the
risks associated with specifying incorrect payment details.
- Users
who have made more than 3 trades in Spot Trading, Swap and with a
balance over $250 must activate premium status. In any other case, their
balance will be frozen until the premium account is activated.
- Deposit for purchasing premium status and insurance payment should be done by one payment.
- To use the procedure for withdrawing funds from your account, the user needs to verify the wallet for withdrawal.
-
Cancellation of the Transaction and refund
- After executing an Order for the exchange of Fiat money for Digital Assets, it cannot be canceled or revoked.
- All Orders are final and cannot be refunded after
crediting Digital Assets to the User's Account balance. After the amount
of funds has been sent to the User's Account balance, it cannot be
refunded under any circumstances.
- If a User deposits in Fiat Money and then exchanges
Fiat Money for Digital Assets, the Transaction for making a Deposit in
Fiat Money cannot be canceled or refunded under any circumstances. In
this case, the services are considered to have been provided to the User
properly.
- DeapX's obligations to the User will be
fully fulfilled after the Digital Assets are credited to his/her Account
balance, and the User will not have any claims or rights against
DeapX after such a Transaction.
-
Crypto Lending
- Crypto Lending is a tool that allows Users to earn income
by lending Digital Assets to DeapX using one of the available
plans. The plans differ in the amount of the interest rate, the terms
and the minimum/maximum amount of the loan.
- After the expiration of the loan period under the selected
plan, the User's Funds with accrued income are transferred to the User's
Account balance.
- Income is accrued in those Digital Assets in which the plan was opened.
- DeapX never recommends, supports, protects or
sponsors any specific Digital Assets, cryptocurrencies, pairs or
transactions, investment instruments that appear on the Platform or are
carried out through it. The user is aware of the significant risks
associated with digital currency markets, transactions, and investments
(investment/asset management services).
- The “Crypto Deposit” section on the Platform may also
contain information about third-party offers (offers from legal
entities/teams managing Digital Assets and/or legal entities/teams that
have created Digital Assets or provide investment/asset management
services).
- DeapX is not authorized and does not provide any
financial, tax, labor, legal or investment advice and advice. Any
information about prices, quotes, forecasts, profitability estimates or
past performance is intended solely for informational purposes and does
not guarantee future performance and performance, nor does it constitute
an offer to buy or sell, or an incentive to buy or sell any Digital
Asset, cryptocurrency, pair or other assets, as well as to implement any
Transactions with Digital Assets, cryptocurrencies, or the use of
investment management services. The User agrees that the Platform will
not serve as the main basis for any decision on the implementation of
any Transaction or decision to use the services of third parties,
including those presented in the “Crypto Lending” section, and
DeapX is not and will not be considered a financial adviser or a
trusted person of the User. The User hereby acknowledges that any use
of the Data or other content of the Platform is solely at his own risk.
-
Suspicious transactions
- If the User detects suspicious transactions or actions,
including, but not limited to, Depositing and/or Withdrawing Funds from
the User's Account and/or placing/executing Orders that are unknown to
the User and/or were not initiated by the User, the User must
immediately notify DeapX and follow our instructions.
DeapX reserves the right to block funds on the Account until the
end of the investigation (investigation).
- DeapX reserves the right to block, cancel or revoke
an operation (including Withdrawal of Funds and/or Transaction) that
has already been completed, at the request of the financial institution
involved in the settlement/execution of the Transaction and/or based on
the results of an investigation according to a suspicious transaction
report. In such cases, the User should interact and assist DeapX
in determining the reasons and grounds for such actions.
-
Commissions
- DeapX applies Fees for Services provided on the
Website and/or Platform (and/or through the mobile application). The
User unconditionally authorizes DeapX to charge (debit) the
appropriate Fees from his Account.
- If the User does not complete at least one Transaction,
Deposit or Withdraw Funds within six (6) calendar months, such User
Account will be considered inactive (hereinafter referred to as
"Inactive Account"). DeapX may apply a special commission to all
Inactive Accounts (hereinafter referred to as the "Inactive Account
Commission"). DeapX will try to notify the User in advance of
the application of the Inactive Account Fee, but such a fee may be
charged by DeapX regardless of sending/receiving a notification
from DeapX. If the amount of funds on the User's Account is less
than the amount of the Commission for an Inactive Account,
DeapX debits the entire balance of funds from the balance of
such an Account. If there are no Funds on the balance of an Inactive
Account, DeapX can stop (close) an Inactive Account without
permission (consent) its owner.
-
Orders and Transactions
- The platform provides the User with the ability to create (initiate) Orders to buy or sell Digital assets.
- Creating (exposing) An Order, the User invites all other
Users to conclude a Transaction on the terms specified in the
corresponding Order. DeapX unilaterally sets the interface for
creation (billing) Defines the possible types of Orders and which Order
parameters are determined by the User who issues it.
- The User agrees that the Order can be executed both in full and in parts.
- For creation (billing) The User must have sufficient Funds
on the Account balance to fulfill their obligations in accordance with
the Order (as well as with other active Orders placed by the User).
- The user understands that the Order should be placed only
after careful consideration. The user understands and accepts the
consequences of its execution. The User agrees that from the moment the
Order is executed, such a Transaction is irreversible and cannot be
canceled. Transactions will be executed immediately after matching the
Orders of the seller and the buyer without prior notice to the seller
and the buyer and will be considered completed on the date and time of
execution.
- The User acknowledges and agrees that if the destination
address is not specified and/or is incorrect and/or if the transfer code
(for example, memo) is incorrect; and/or if the Deposit is made from a
network (token standard) that is not supported by DeapX; and/or
if the withdrawal is carried out to a network (token standard) that is
not supported by the recipient; and/or the user has incorrectly selected
the network (token standard); and/or if the wallet address is specified
incorrectly (destination tag); and/or if other Transaction details are
specified incorrectly, the User may lose Funds or this may lead to a
delay in the execution of the Order. In such cases, the User himself is
responsible for the inaccuracy and inaccuracy of his actions, and also
bears the risk of losing Funds. At the same time, DeapX in no
case compensates for such losses.
- DeapX can set the minimum and maximum Order amount
and/or other restrictions (limits) for trading Orders (operations). The
limits may vary for each trading pair (and/or depending on other
details).
- The User can use the Voucher (if applicable on the
Platform) to transfer Digital Assets to/from the Account. The voucher
should be used before the expiration date set by DeapX.
DeapX is not responsible and assumes no liability for any loss
or damage resulting from the User's use of a Voucher purchased from
third parties or acquired in any other way. For the avoidance of doubt,
the User is solely responsible for ensuring that the Voucher he has
purchased is genuine, valid and exchangeable.
- All operations on the User's Account, including operations
related to making Deposits, Withdrawing funds, placing/executing Orders,
are displayed in the User's Account.
- A pending Order that has not been canceled by the User who
placed it is valid until it is executed. However, DeapX reserves
the right to set time limits for pending Orders.
-
User's personal data
- The rules for the collection, storage and protection of
Personal Data received by DeapX from Users are governed by the
Privacy Policy. Please refer to this document.
-
Preventing illegal use of the Website and Platform
-
By accessing or using the Platform and/or Services, the User
agrees to comply with the requirements of all Laws, other regulatory
legal acts, intellectual property rights or other rights of third
parties, as well as not to commit offenses and be responsible for their
actions when using the DeapX Platform and Services. Without
limiting the above, the User agrees:
- do not provide false, incorrect or misleading information (documents);
- not to use the Services and the Platform for the
purpose of fraud and/or any other illegal activities, including the use
of credit and debit cards obtained illegally;
- not to use the Services and the Platform to pay,
support or otherwise participate in any illegal gambling, fraud, money
laundering, terrorist activities or other illegal activities;
- not to use the Services and the Platform to finance
operations or activities for which administrative, criminal or civil
liability is provided in accordance with current legislation;
- not to use the Services and the Platform in such a
way that it could prevent other Users from fully using the Services and
the Platform or in any way damage, disable, overload or disrupt the
operation of the Services (Platform);
- do not use any robots, web crawlers, scrapers or
other automated tools or interfaces that have not been provided by
DeapX to access the Services or to extract data;
- do not use or attempt to use another User's Account;
- do not use the Services and the Platform bypassing
the procedure provided for in this User Agreement, or
bypassing/exceeding the User's access level to the Platform; attempt to
access any area of the Services, Website or Platform to which the User
does not have access rights;
- do not make changes to the software used by the
Website or the Platform in any way, perform any actions aimed at
changing the functionality and operability of the Website, disabling the
Platform or interfering with the operation of the Website;
- not verbally offend or commit any other actions that violate the rights and freedoms of other Users and/or third parties;
- do not copy and/or distribute any intellectual
property objects published on the Website or used by the Platform; do
not copy or otherwise use parts of the program (code) of the Website,
the Platform, as well as the design of the Site;
- do not use Personal Data of third parties without their permission;
- do not develop any third-party applications that interact with the Services without our prior written consent.
- If suspicious Transactions are detected by Users, access to
the Account may be restricted (suspended) for verification for up to 30
Business Days.
- The User agrees that in case of violation of this User
Agreement, DeapX has the right to suspend or terminate the
User's Account.
-
Risk warning and risk acceptance by the User
- Trading, Transactions, and storage of Digital Assets are
accompanied by significant risks. Prices may fluctuate daily. Such price
fluctuations can increase or decrease the price of a particular User's
Digital Asset at any time. Any currency, whether virtual or not, can be
subject to significant fluctuations in price, as well as completely
devalued. There is the usual risk of losses as a result of buying,
selling or any trading in the market.
- Trading in Digital assets is also associated with special
risks that are usually not typical for Fiat money and/or commodities
and/or commodity (non-virtual/digital) assets. Unlike most
government-backed Fiat Money, Digital assets are unique types of assets
supported by technology and trust. There is no central bank that can
issue more currency or take measures to protect the value of Digital
Assets in a crisis.
- Irrational (or rational) market "bubbles" or a loss of
confidence in Digital Assets often occur in the Digital asset market,
which can lead to a drop in demand compared to supply. For example,
trust in Digital Assets may fall due to unexpected changes introduced by
software developers or others, government measures, the creation of
better competitive alternative digital assets, as well as deflationary
or inflationary spirals. The level of trust can also be reduced due to
technical problems: if the anonymity of the system is compromised, if
assets are lost or stolen, or if hackers or authorities prevent
Transactions.
- There may also be other risks that we have not provided for and have not defined in this User Agreement.
- The User understands that all transactions with Digital
Assets are irreversible and that the Funds received as a result of the
Transaction can only be returned under a separate additional
agreement/transaction with the relevant Person. The User cannot cancel,
revoke or change any Order with a completed status. The User is
responsible for the accuracy and correctness of the Transaction details
(network/network standard/wallet address/memo or destination tag) and
bears the risk of losing Funds. In such cases, DeapX does not
reimburse any losses.
- The User guarantees that he is aware of the basic
principles of working with Digital Assets, as well as the
characteristics of Digital Assets that affect their value, and he is
also aware of the relevant risks, in particular the volatility and
fluctuations in their value. The user should understand that there is a
high probability of not getting a fair and accurate price for Digital
Assets when trading.
- By accepting the terms of this User Agreement, the User
acknowledges and accepts any risks associated with Transactions, agrees
to comply with this User Agreement, recognizes and accepts the mentioned
and any other risks.
- The User declares that he is aware, understands and agrees
that DeapX cannot be directly or indirectly responsible and/or
have any obligations with respect to or otherwise guarantee the
execution of any Transaction entered into by the User on the Platform
and using the blockchain and/or services/technologies of third parties
(in part functionality, proper performance, reliability, etc. such a
block chain/technology), and neither DeapX nor a Third-Party
Organization is responsible to the User or any other person in relation
to Transactions made through the Platform.
- DeapX is not a broker, agent or consultant and does not have a fiduciary relationship or obligations to the User.
-
Intellectual property and limited use
- DeapX is the sole owner of all rights, entitlements
and interests in relation to the Platform, Website, Data and each
component thereof, trademarks, all user modifications, work products,
results or other materials created by or on behalf of DeapX, and
all intellectual property rights in relation to them, as well as All
rights not expressly granted in this User Agreement are reserved by
DeapX.
- The user does not receive any rights with respect to
intellectual property rights, except for those limited rights that are
transferred to him by DeapX. The User must take all measures
necessary to maintain the confidentiality of all documents and materials
provided by DeapX or any Third-Party Organization cooperating
with DeapX in relation to the Platform and each of its
components.
-
The user does not have the right:
- modify, maintain, improve or otherwise modify the Platform;
- disassemble, decompile, reverse engineer, copy, fix
bugs, fix, update, transmit, broadcast or create derivative products
based on the Platform, as well as otherwise take explicit actions to
develop a Platform equivalent (similar Platform).
- Subject to the User's compliance with the terms of this
User Agreement, the AML/CFT Policies and Procedures, and the Privacy
Policy, the User is granted a limited, revocable, non-exclusive,
non-transferable license to access and use the Platform, access to the
Website and its use (the term may be set/limited/modified by
DeapX) for the purposes of set forth in this User Agreement,
AML/CFT Policies and Procedures, and Privacy Policy.
- The User acknowledges and agrees that DeapX will
use information related to the User's Personal Data (information) in
accordance with its Privacy Policy, as DeapX may amend this
policy from time to time.
-
Use of Services, Website, security, information
- The User acknowledges and agrees that DeapX has the
sole and absolute right of control and the right to change the Website
and Platform at any time, as well as the exclusive right to make any
changes to their functionality, configuration, appearance and content.
- We do not guarantee that the Website, Services and/or
Platform will be available for use at any time without any delays,
failures, errors or loss of transmitted information. We do not guarantee
that the Services (Platform) will be available through the mobile
application.
- We will make reasonable efforts to ensure that Users have
access to the Website, Services and/or Platform in accordance with this
User Agreement. However, we may suspend the use of the Website and/or
the Platform for maintenance, and we will make reasonable efforts to
notify Users about this. The User acknowledges that prior notification
may not be possible in an emergency situation, and the User assumes the
risks associated with the fact that he cannot always use the Website
and/or the Platform or perform urgent Transactions using his Account.
- Internet usage may be subject to a virus attack and/or
communication failures. DeapX is not responsible for any damage
or interruption caused by computer viruses, spyware, Trojans, network
worms or other malware that may affect the User's system, computer or
other equipment, as well as for any phishing, spoofing or other virus
attacks. DeapX recommends that the User always use reliable and
affordable software to detect and eliminate viruses. The user should
also be careful and attentive when viewing text messages and e-mails
allegedly sent by DeapX, since SMS messages and e-mail messages
are also vulnerable to phishing and spoofing, as well as some viruses.
It is advisable that the User logs into his Account only through the
Website (in order to avoid fraud/phishing on websites, the User should
carefully check the Platform address every time he uses the Services,
the Platform) and avoid messages from unverified senders offering login
options.
- Although we try to provide accurate and timely information
on the Website, the Website (including, but not limited to, its
contents) It may not always be completely accurate, complete, or
up-to-date, and may also contain technical inaccuracies or typos.
- In order to continue to provide the User with the most
complete and accurate information, the information may, to the extent
permitted by applicable law, be changed or updated without prior notice,
including, but not limited to, in relation to our policies, products
and Services. Accordingly, the User must check all the information
before following it (the User must familiarize himself with the latest
version of the User Agreement before each use of the
Services/Platforms), and the User is solely responsible for all
decisions made based on the information posted on the Website (we are
not responsible for them).
- If the User uploads any content to the Website, including,
but not limited to, any text, image or other materials, the User
declares and guarantees that such content will not contain: false,
misleading or illegally obtained information; copyrighted materials that
the User does not has the right to publish publicly; obscene,
offensive, illegal content or any other content that may damage or
endanger the reputation of DeapX; or anything prohibited by
applicable law.
- Without releasing the user from the above liability,
DeapX may, at its sole discretion, remove any content that
violates the above requirements, in addition to any further actions that
DeapX may deem necessary. DeapX is not obligated to
verify any such content and is not responsible for it.
- The User acknowledges and agrees that DeapX cannot
and will not be able to confirm or guarantee the authenticity, identity
or reliability of any content and information posted or attributed to
any User of the Website. Thus, the User relies on any content of other
Users solely at his own discretion and at his own risk.
-
Restriction, suspension or termination
- The User may terminate this User Agreement with
DeapX and close/delete his Account at any time after completing
all incomplete Transactions (in which the User participates), paying the
appropriate Fees and fulfilling all other obligations that directly or
indirectly arose as a result of using the Services (Platform).
- In the event of an audit, investigation and/or other
circumstances of the AML procedure in relation to the anti-money
laundering and terrorist financing policy, the User's Account is subject
to a tax audit. The DeapX Group is operated by DeapX
Technologies Limited (Panama) and operates in accordance with the laws
of the Panamanian tax system. For individuals: incomes up to 11,000 USD –
0%; from 11,000 to 50,000 USD – 15%; over 50,000 USD – 25%. For legal
entities, the corporate income tax rate is 25%. If the company's taxable
profit exceeds 1,500,000 USD, then it pays income tax or 4.67% of gross
taxable income, if the latter is greater. The time interval for
fulfilling the requirement is up to 48 hours from the moment the User
receives the notification.
-
Regardless of any other provisions of this User Agreement,
the User confirms that DeapX has the right to restrict User
access, set certain restrictions for the User and/or temporarily suspend
the Account and/or User access to the Website, Platform, Services
(including the ability to place Orders and perform Transactions), in
whole or in part, or refuse to conclude, participate in any or all
Transactions, or block funds on the Account balance if, at the
discretion of DeapX, any of the following circumstances occurs,
or DeapX considers such a circumstance probable, or if, in
DeapX's opinion, any of the following circumstances is possible:
- a complete or partial malfunction of the Website
and/or Platform, including a malfunction in the technological processes
underlying the operation of the Website and/or Platform, or any
communication channels on the Website and/or Platform or between the
Website and/or Platform and any other Person or by a counterparty or any
other circumstances where DeapX, in its sole discretion,
believes that DeapX is unable to provide access to the Website
and/or Platform;
- violation of the security of the Website and/or Platform;
- in case of suspicion of violation or actual
violation of this User Agreement, AML/CFT Policy, Privacy Policy or any
applicable Laws and regulations;
- in order to comply with the Law (including, but not limited to, the prohibition or restriction of any Digital Asset);
- detection of unusual and/or suspicious activity on the Account; detection of unauthorized access to the Account;
- in connection with the procedural actions of state
authorities in relation to activities on a particular Account and/or
User's activities, criminal investigation or any judicial process; by
court decision or decision of a state body; if the User's Account and
related actions have become the subject of judicial and administrative
proceedings;
- in connection with market conditions or conditions
in relation to a specific Digital Asset or pair, which, in
DeapX's opinion, justifies this as a necessary measure.
- Any actions taken by DeapX in accordance with this
section will last for a period determined at DeapX's discretion.
The User agrees that any evasion or any attempt to circumvent access
restrictions, other restrictions or temporary suspension of the Account
in accordance with this section of this User Agreement constitutes a
material violation of this User Agreement. Performing any actions in
accordance with this section is a right and not an obligation of
DeapX. In addition, the User acknowledges and agrees that in the
event of any of the circumstances listed in this section, DeapX
may cancel a Transaction that the User previously initiated or
performed using the Platform.
-
The User agrees that DeapX has the right to
immediately suspend the Account, block any Funds on the Account balance,
suspend access to the Services (to the Platform) and/or close the
Account in the following cases:
- DeapX detected activity on the Account
related to laundering of proceeds from crime, financing of terrorism;
violation by the User of applicable Laws and regulations on combating
laundering of proceeds from crime and financing of terrorism;
- The User's account and related actions have become the subject of a criminal investigation;
- The account is used by a person subject to UN, EU or US sanctions;
- in case of actual violation by the User of this User Agreement, Privacy Policy or any applicable Laws and regulations;
- DeapX is obliged to do this by a court decision or an authorized state body.
- In the event of termination of this User Agreement due to
fraudulent activity of the User, violation of the norms of normative
legal acts in the field of laundering proceeds from crime, countering
the financing of terrorism, a significant violation by the User of this
User Agreement (including, among other things, the use of Services by a
Sanctioned Person) or as part of the investigation of fraudulent
Transactions and the fight against the laundering of proceeds from
crime, DeapX has the right to cancel the User's Account Data
and/or impose (and charge) a fine in the amount of the entire balance of
funds on the User's Account balance.
-
Assurances and guarantees
-
On the date of execution of this User Agreement and on the
day of each use of the Services/ Website (making Deposits/Withdrawal of
any Funds, placing an Order, making/initiating each Transaction), the
User assures and guarantees DeapX and its affiliates and their
representatives that:
- The User has read all the documents (including
those published on the Website) provided to him in connection with the
use of the Services and the Platform, and the User understands and
agrees that the use of the Services provided by DeapX will be
governed by these documents with subsequent amendments. The User should
not apply for registration on the Platform in order to create an
Account, deposit or place an Order, make/initiate Transactions, use
other Services available through the Website, if the User is not aware
of how the Services or the Platform function, or is not aware of the
risks associated with the Services, or the nature of the related there
are risks with them.
- The fulfillment of this User Agreement and the
fulfillment of all obligations provided for in this User Agreement have
been duly approved by the User with all necessary actions; and each
Person fulfilling this User Agreement (or authorized to accept its terms
in electronic or other form) and concluding each Transaction (or using
other Services) under this Agreement, on behalf of the User, has been
duly authorized to perform these actions. All information provided by
the DeapX User, including, but not limited to, information
provided by the User in his Account, is reliable, accurate and not
misleading.
-
The user guarantees that:
- The User can make a transfer or accept in full the Funds received as a result of each Transaction performed by the User;
- the User's fulfillment of this User Agreement and
the fulfillment of each Transaction (and/or the use of other Services),
as well as the User's fulfillment of his obligations under this User
Agreement and his use of the Services (Platform) will not violate
applicable Laws;
- The User has received and will comply with the
terms of all licenses, consents, registrations, permits, exclusions and
memberships required to use the Services and the Platform in accordance
with this User Agreement, including making Deposits/Withdrawal of Funds,
conclusion/execution of Transactions on the Platform;
- The User has sufficient knowledge and experience
necessary to make informed decisions regarding the use of the
Services/The Platform, and the User will not rely on any message or
statement (written or oral) from DeapX as investment advice or
recommendations for concluding any Transaction. The User will be careful
and attentive when determining whether to conduct a Transaction or
otherwise perform actions on the Platform (use Services);
- The Person accessing the Platform is acting on his
own behalf and not on behalf of any third party, unless that Person is a
Representative of the User.
- DeapX assures and guarantees that it will provide
the Services and fulfill its obligations with reasonable care and
diligence.
-
Limitation of liability and exemption from warranties
- To the maximum extent permitted by applicable law, the
Services, Platform, Website, mobile application, materials and any
product or other element provided by or on behalf of DeapX are
provided on an "as is" and "as possible" basis and DeapX
expressly disclaims and the User disclaims any other warranties of any
kind of any kind, express or implied, including, but not limited to,
implied warranties of functionality, fitness for a particular purpose,
or non-infringement of rights or warranties arising in the course of
providing access to the Services, the order of operation or use of the
Services, Platform, Website, mobile application. Without limiting the
foregoing, DeapX does not represent or warrant that the
Services, Platform, Website, mobile application or materials are
accurate, complete, reliable, current, error-free or free of viruses or
other harmful components.
-
DeapX does not guarantee that every Order will be
executed, accepted, recorded or remain open. With the exception of the
explicit statements set out in this User Agreement, the User hereby
confirms and agrees that he has not relied on any other statements or
persuasions, written or oral, regarding the use and access to the
Services, Platform, Website, mobile application. Without limiting the
foregoing, the User hereby understands and agrees that DeapX is
not responsible for any loss or damage resulting from or related to:
- any inaccuracies, inaccuracies or omissions of Data on prices of Digital Assets;
- any errors or delays in the transmission of such Data, interruption of transmission/receipt of any such Data;
- any damage caused by the actions, omissions or
violation of this User Agreement by another User. The disclaimer of
implied warranties contained in this document may not apply to the
extent prohibited by applicable law.
- To the maximum extent permitted by applicable law, under no
circumstances will DeapX affiliates, shareholders, owners,
members, directors, officers, employees, attorneys, agents, suppliers or
contractors of DeapX be liable for any incidental,
consequential or similar damages or liabilities (including, but not
limited to, damages for data loss information, income, profits or other
benefits) arising from or in relation to the Services, Platform,
Website, mobile application, operation or non-functioning of the
Services, the operation of the Platform, Website, mobile application or
any other product or other element provided by or on behalf of
DeapX.
- Regardless of the above, under no circumstances will
DeapX, its affiliates and their shareholders, owners, members,
directors, officers, employees, attorneys, agents, representatives,
suppliers or contractors be held liable as a result of or in connection
with the use of the Services, Platform, Website, mobile application,
operation or non-functioning of the Services, operation or malfunction
of the Platform, Website, mobile application or any other product
provided on behalf of DeapX or its affiliates, exceeding the
amount of Commissions paid by the DeapX User in accordance with
this User Agreement during the six months immediately preceding the
event that served as the basis for such a statement of liability.
- Without limiting the foregoing, DeapX makes no
representations or guarantees regarding the timeliness, accuracy or
completeness of any Data or other information on the Platform or the
results that the User receives when accessing or using the Platform.
DeapX assumes no responsibility for claims related to any
software, technology or hardware, Platform, existing technologies, Data
or any other information, Materials, Digital Assets or the fact that the
Platform meets or does not meet the User's requirements or that access
to it must be continuous, timely, secure, complete to exclude errors and
defects.
- The User is aware that the software and hardware that he uses may not support certain functions of the Platform.
- Neither DeapX nor any third party providing
information on the Website, the Platform recommends, supports, protects
or acts as a guarantor for any Digital Asset, trading Pair or
Transaction that is present on the Platform. The user is aware of the
significant risks associated with digital asset markets and trading
operations. DeapX does not provide financial, tax, legal,
investment or other recommendations. Any information about prices,
quotes, forecasts, profitability estimates or historical indicators is
intended for informational purposes only and does not guarantee future
results and does not constitute an offer to buy or sell or a
recommendation to buy or sell any Digital Assets or perform any
Transactions. The User agrees that the Platform is not and cannot be
considered the main reason for his decision to make any Transaction, and
DeapX is not and cannot be considered a financial advisor or
trustee of the User. By entering into this User Agreement, the User
acknowledges that the responsibility for any use of Data or other
content of the Platform lies solely with the User.
- The User understands and agrees that, provided that we have
taken reasonable precautions, properly provided our Services and
fulfilled all our obligations under this User Agreement, DeapX
will be released from liability for any direct or indirect damages, any
lost profits, lost data, inability to use the Platform, operational
downtime, loss of business reputation, cost of replacing Services or
User downtime, the User's affiliates and any other Persons as a result
of the implementation of this User Agreement or in connection with it,
even if the User, the User's affiliate or any other Person has not
previously been notified of the possibility of incurring such damages,
etc.
-
Nothing in this User Agreement can be interpreted as excluding or limiting the liability of either party for:
- fraud or deliberate deception;
- other actions for which liability cannot be excluded or limited by Law.
- The Platform may contain links to third-party websites and
direct Users to other websites. Such websites are not under the control
of DeapX; moreover, posting links does not mean that
DeapX approves of such websites. DeapX does not provide
any guarantees or representations and assumes no responsibility
regarding the accuracy, content, terms of use, privacy policy, legality,
reliability, perception, relevance, compliance with moral standards and
other aspects related to such websites. External websites have separate
and independent terms of use and related policies. We ask Users to
familiarize themselves with the rules, policies, and terms of each
website they visit. The user should take precautions to ensure that
everything he uses is free of viruses, network worms, Trojans and other
malware.
- By performing an operation, the User agrees and
independently assumes all risks associated with Transactions. Users do
not have the right to make claims to DeapX regarding the
cancellation of transactions. Unless otherwise provided in this User
Agreement for special cases, DeapX does not accept or process
requests for refunds and/or cancellations of transactions from anyone.
-
Refund
- The User agrees to defend, indemnify and hold harmless
DeapX, its affiliates and relevant employees, officers,
directors and shareholders from all and any losses and material damage
resulting from injuries, death or other injuries resulting from the
negligence or improper actions of the User or any Person for whom the
User is legally responsible.
-
The User agrees to defend, indemnify and hold DeapX
harmless from any losses, damages, expenses, claims, litigation, fine,
including legal costs that DeapX may incur, which are a direct
or indirect consequence:
- misuse of the Website by the User/Services/The Platform or the User's use of the Website/Services/Platforms;
- the User's inability to fully and timely fulfill
any of his obligations under this User Agreement, including the User's
failure to fulfill obligations related to any Transaction or Order;
- any representations or guarantees of the User
provided in accordance with this User Agreement that are or have turned
out to be false;
- violations by the User of any Law or regulatory act or the rights of third parties;
- the use of the Platform, the User's Account by any
other Person (except an authorized representative of a legal entity)
using the User's password or any other data (credentials) of the User,
regardless of whether this was done with or without the User's
knowledge.
-
Applicable law and dispute resolution
- This User Agreement is governed by and interpreted in accordance with the laws of Panama.
- In case of disputes on the issues specified in this User
Agreement, the Parties will take all possible measures to resolve them
through negotiations.
- If the Parties fail to reach an agreement through
negotiations, any dispute arising out of or in connection with this User
Agreement must be reviewed and finally resolved in accordance with the
Rules of the Panamanian Arbitration Court. The place of arbitration is
Panama. The language of arbitration is English. Such a decision is final
and binding on both parties and can be used or prepared for execution
in any court having jurisdiction; if necessary, an application can be
submitted to the appropriate competent court.
- The Parties agree that information about the arbitration,
including, but not limited to, information about the content of any
arbitration award, is confidential and is not subject to disclosure to
third parties without the written consent of the Parties, unless
otherwise provided by Law.
-
Confidentiality and disclosure of information
-
The User agrees not to disclose any Confidential Information
concerning DeapX or DeapX affiliates obtained in
connection with the conclusion of this User Agreement or any
investigation conducted in connection with this User Agreement, and, if
applicable, the User will also ensure that this obligation is fulfilled
by his officials, employees and consultants who such information was
disclosed. The obligations provided for in this section do not apply to
Confidential Information that:
- legally belonged to the User before the conclusion of this User Agreement;
- was voluntarily disclosed to the User by third
parties, if such Persons do not violate any obligations not to disclose
such information;
- voluntarily disclosed by DeapX;
- is already known to the general public.
- DeapX will not distribute or otherwise transmit
information about Users and/or potential users of the Website and/or
Platform, except for its Representatives, relevant employees (in
accordance with applicable Laws and regulations on personal data
protection) in the normal course of DeapX's activities, as well
as for the purpose of bank or credit obligations of DeapX.
-
DeapX may also transfer the User's Personal Data to
law enforcement agencies, data protection agencies, government
officials, and government agencies if:
- this is required by Law;
- this is required by state authorities when engaging
in judicial proceedings, on the basis of a court order or decision or
other legal procedure;
- DeapX believes that such disclosure is necessary to prevent losses or financial losses;
- disclosure of information is necessary to report alleged illegal activities;
- disclosure of information is necessary to investigate violations of this User Agreement or any applicable legislation.
- The Privacy Policy has the highest legal force in relation to this section of the User Agreement.
-
Notifications
-
Except as expressly provided for in this User Agreement and
applicable Law, all notices, messages and documents related to the
fulfillment by the Parties of obligations arising from this User
Agreement must be sent and considered received by the Parties if they
are sent by e-mail from the official address of one of the Parties to
the official address of the other Party. Official addresses:
- for the User: e-mail address or postal address specified in the Account (personal account) The user;
- for DeapX: the corresponding e-mail address
indicated on the Website, or the postal address of the company managing
the Website indicated on the Website.
- If, in accordance with the above provision, any
notification, request or other message for DeapX was delivered
or sent after 17:00 (UTC) and/or not on a Business Day, such
notification, request or other message is considered delivered or
received at 9:00 (UTC) on the next Business Day of the day.
- DeapX can provide information, notifications and
confirmations to the User through the Platform regarding Orders,
Transactions, Services, the Platform and their use. Such information,
notifications and confirmations are considered received by the User as
soon as they become available to the User through the Platform.
-
The exhaustive nature of the agreement, amendments and autonomy
provisions
- This User Agreement and any other documents mentioned
therein constitute the entire agreement between the Parties and
supersede any previous agreements, agreed terms or agreements between
them relating to the subject of this User Agreement. Each Party
acknowledges that it does not rely on any statements, representations or
guarantees ("statements") in entering into this User Agreement any
Person (regardless of whether they are a Party to this User Agreement),
except for the cases expressly specified in this User Agreement or other
documents specified in this User Agreement.
- DeapX has the right to unilaterally change the
terms of this User Agreement, Privacy Policy, AML/CFT Policies and
Procedures, as well as Commissions and limits. Such changes come into
force after 3 (three) days from the date of posting the new version of
the relevant documents on the Website.
- On each subsequent visit to the Site, the User must
familiarize himself with the new version of the above documents before
using the Account. Continued use of the Website and/or the Platform
through the User's Account will mean that the User accepts the terms of
the new version of the documents mentioned above.
- If the User does not agree with the terms of the new
versions of the above-mentioned documents, the User must stop using the
Website and the Platform, including by closing all pending Transactions
with DeapX.
- If any provision of this User Agreement is or becomes
(regardless of whether it is based on any decision or otherwise)
invalid, illegal or impossible to enforce in any way in accordance with
applicable law, validity, legality and enforceability The remaining
provisions contained in this document cannot be affected or violated in
any way.
- If any court or government body determines that any
provision of this User Agreement (or part of any provision) is invalid,
illegal or unenforceable, this provision or part of it will be
considered deleted to the extent necessary, and this will not affect the
validity, legality and applicability of the rest the provisions of this
User Agreement.
-
Change of management and transfer of rights
- If DeapX changes its structure as a result of a
merger or acquisition by a third party, or DeapX's assets and/or
business (in whole or in part) are acquired by a third party (in the
case of any of these circumstances), DeapX reserves the right to
transfer information received from the User, including Personal Data of
the User and other information within the framework of such
acquisitions, mergers, sales, transfers, or other changes of control.
- The User must not transfer the rights and obligations under
this User Agreement in any way without the prior written consent of
DeapX, and any alleged assignment in violation of this clause is
invalid. DeapX may transfer the rights and obligations under
this User Agreement (in whole or in part) to another person(s) in
connection with the transfer of all or part of DeapX's assets or
business to a DeapX affiliate or any third party with at least
five Business Days prior notice. By accepting this User Agreement, the
User gives unconditional consent to the above-mentioned assignment
and/or transfer, including the transfer of User's Personal Data and
other information related to the User, as well as to the transfer of any
Funds on the User's Account by DeapX, as part of such transfer
of rights.
-
Data Fixation
-
The User acknowledges and agrees that any telephone
conversations and other communications between the User and
DeapX, including the DeapX technical support service,
may, at DeapX's discretion, be recorded with or without the use
of an automatic audio notification device. In addition, the User
unconditionally agrees and authorizes DeapX to use such records
and any transcripts thereof as evidence in connection with any dispute
or litigation or any problem arising out of or in connection with this
User Agreement, the Services, any Order or Transaction.
-
Delisting Policy
- DeapX has the right to remove any coin/token from
the Platform for any reason specified in the coin/token listing
agreement. Having made such a decision, DeapX must send a
delisting notification to the coin/token issuer (or the team/legal
entity managing the relevant project, or the relevant project owners, or
the Person who initiated the listing) fourteen (14) days before the
start of the Delisting procedure.
-
DeapX decides on the Delisting of the coin/token in
accordance with the following criteria and circumstances:
- the coin/token is no longer supported by the team, the issuer, the community, etc.;
- the blockchain or related technology has been
compromised or faulty, or has serious technical or security problems
(including if this has become known from publicly available sources);
- in connection with the introduction of new regulatory standards and other compliance issues;
- the coin/token is facing serious legal problems related to compliance with applicable Laws and regulations;
- violation of the DeapX User Agreement or the relevant listing agreement;
- in cases stipulated by the relevant listing agreement;
- multiple complaints (or reports of suspicious activity) related to the coin/token from Users;
- if it is necessary to prevent and/or suppress fraud, manipulation, security breaches or other illegal actions, hacker attacks.
- The beginning of the Delisting procedure is marked by
disabling Deposits and trading of coins/tokens, specifying the deadline
for Withdrawal of coins/tokens and sending a Notification about
Delisting to Users who have such coins/tokens on Account balances.
- DeapX will send Delisting Notifications to Users
who have such coins/tokens on Account balances, about the Delisting of
coins/tokens via e-mail notification and/or messages on social networks.
Users are solely responsible for regularly checking for updates on the
Delisting of coins/Tokens.
- DeapX provides Users with a deadline, which must be
specified in the Delisting Notification, to withdraw coins/tokens from
their DeapX Accounts to external wallets. The period specified
in the Notification of Delisting for Users must be 30 calendar days from
the date of sending such Notification. At the end of the specified
period, Users will not be able to see the balance of coins/tokens that
are undergoing the Delisting procedure on the DeapX User
Account.
- If the User does not withdraw the specified coins/tokens
within the period specified in the Delisting Notification, DeapX
provides him with an additional period of 120 calendar days
(hereinafter referred to as the "Penalty Period") to Withdraw
coins/tokens from his DeapX Account with an appropriate fine,
which will be automatically charged by DeapX.
- On the last day of the deadline specified in the Delisting
Notification, DeapX sends the Final Delisting Notification to
Users who still own the coin/token undergoing the Delisting procedure by
e-mail. The final Delisting notification must contain information about
the number of such coins/tokens on the Account balance of the
DeapX User and information about the penalty that will be
charged automatically if the User does not withdraw such coins/ tokens
from his DeapX Account before the start of the Penalty Period.
- If the amount of coin/token is less than the minimum
withdrawal limit set by DeapX, Users will not be able to use the
Penalty Period. Such a coin/token in an amount that does not meet the
established minimum cannot be withdrawn. DeapX will make
reasonable efforts to reduce the minimum Withdrawal limit and/or
Withdrawal Fees during the Delisting procedure.
- To withdraw a coin/token that is undergoing the Delisting
procedure during the Penalty Period, the User must contact the
DeapX Support Team at support@DeapX.com , via online
chat or by creating a Ticket in the DeapX User Account, and
follow her instructions.
- During the Penalty Period, DeapX applies an
appropriate penalty, which is 25% of the amount of the coin/token that
is being Delisted and which the User owns on the first day of the
Penalty Period. DeapX charges such a fine once every 30 calendar
days from the start of the Penalty Period.
- During the Penalty Period, once every 30 calendar days,
DeapX sends a notification of the fine, which will be
automatically collected. DeapX sends such notifications until
the end of the Penalty Period or until the User's balance in the
coin/token that is undergoing the Delisting procedure is less than the
minimum withdrawal limit or equal to zero.
- DeapX has the right to freely remove the coin/token
from the Platform after the expiration of the Withdrawal period
specified in the Notification of Delisting for Users and the end of the
Penalty Period (if such was provided to the User). In this case,
technical support for the coin/token (as well as the technical ability
to store coins/tokens on the Platform's wallet) is terminated, and all
User balances in deleted coins/tokens are canceled without compensation.
- In cases where DeapX, due to technical or other
changes or technical problems in the relevant blockchains (serious
technical problems or updates), cannot guarantee the withdrawal of the
relevant Digital Assets (related to such a blockchain) within 14 days,
DeapX reserves the right to shorten this period. In this case,
DeapX will send at least three (3) warnings to Users by e-mail
and/or through official social media channels.
-
Final provisions
- This User Agreement is valid until terminated by one of the
Parties. The User may terminate this User Agreement at any time (after
fulfilling the relevant requirements provided for in this User
Agreement) by stopping using the Services (Platform) and deleting all
copies of any software components from all their devices and equipment.
- In addition to the cases specifically provided for in this
User Agreement, DeapX may unilaterally terminate this User
Agreement at its discretion by notifying the User at least 10 days in
advance.
*This User Agreement is written in English, and
the English version has the force of the original. Russian version
The User Agreement is solely a translation. By
the presence of discrepancies between the language versions is exclusively English
the version has priority, so please refer to the English version
the text of the User Agreement.