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1.1. Eligibility for XREX account application:
1.1.1. Any applicants located in, or of citizenship of, any countries or regions listed on this page will be denied for AML/CFT (defined below) or other regulatory purposes. This list of the restricted and prohibited jurisdictions will be updated and revised from time to time at the sole discretion of XREX. If you change your residence or nationality, or both, to any jurisdiction on the list, you must notify XREX immediately and cease your participation in any activity on the Site or Mobile App unless you receive written permission from XREX.
1.1.2. In order to use the Services, you must be at least 18 years of age, and you must have the authority to enter into and execute an agreement to these Terms. In order to leverage any part of the Services, you are required to provide personal information. You hereby warrant that any information provided by you is accurate, complete, and current and you accept that any inaccuracies may lead to XREX, in its sole discretion, freezing your accounts, assets, and access at any time and without prior notification
1.2. Relationship of the Parties: XREX is an independent contractor for all purposes. Nothing in this Agreement is intended to or shall operate to create a partnership, joint venture, or employment relationship between you and XREX, or authorize you to act as agent of XREX.
1.3. XREX Account:
1.3.1. “XREX Account” refers to any user account provided by XREX for the purpose of using the Services, including but not limited to Individual Account, Corporate Account, and Advanced Account.
1.3.2. In order to access some of the Services, you must complete our identity verification questionnaire and provide accurate and truthful details and documentation as required by our policies and procedures. You agree that XREX may share the relevant data with certain third parties contracted by XREX to perform evaluations against the provided data and documentation in order to verify and validate the same as well as ascertain your status with regards to the relevant sanctions as required by the applicable laws of the jurisdiction(s).
1.3.3. Individual Account: Each individual shall only apply and control one single account only. Any requests for additional, duplicate accounts will not be granted. Using a nominee account may result in the termination of your account.
1.3.4. XREX may, at our discretion and without liability to you, with or without prior notice and at any time, temporarily suspend or permanently terminate your access to all or a portion of any Services.
1.3.5. Corporate Account: Individuals with the intent to use Services on behalf of an enterprise or legal entity must request a corporate account when such accounts are made available on our platform. If you use the Services on behalf of an enterprise or legal entity without registering for a corporate account, you do so at your own risk and you agree and accept that your account may be restricted, access to your account may be prevented, and access to your funds may be withheld pending a full investigation of the details surrounding the enterprise or legal entity on whose behalf you are accessing the Services. You also agree that your details and the results of such an investigation will be shared with the relevant regulatory authorities.
1.3.6. Advanced Account: At its sole discretion, XREX may grant additional benefits, rewards, or features for qualified users (either incorporated with their Individual Account or Corporate Account) as Advanced Account holders (such as premium accounts). Notwithstanding the foregoing, Advanced Account holders are still users under these Terms, not contractors, representatives, or agents of XREX, and you shall contact XREX directly to confirm the information regarding any benefits or rewards when using the Services.
1.4. Responsibility for Authorized Actions: You hereby authorize XREX to take appropriate actions including but not limited to placing orders, receiving deposits and executing withdrawals based on instructions the Service receives from your account, whether or not you have personally authorized those actions. In the event you notice the execution of any actions not authorized by you, you shall immediately notify XREX via the Customer Service portal at our Intercom chat and shall immediately notify XREX if you have any suspicion that your account may have been compromised, hacked or otherwise accessed without your consent.
1.5. Account Funding
220.127.116.11. Only users who have passed the Know-Your-Customer (“KYC”) procedures (including identity verification) can deposit cryptocurrencies to your XREX account. Subject to the applicable laws and jurisdictions, you may deposit government-issued currency (“Fiat Money”) to the designated bank account via your own bank (and only your bank account), and you can view your balance of Fiat Money on your account. If you send cryptocurrencies to the incorrect wallet address or to unsupported Token types, your cryptocurrencies may be lost forever, and XREX will not accept responsibility for such lost funds. Any funds you send to the XREX-provided wallet addresses or bank account(s) will not receive any interest unless specifically stated otherwise on the Site or the Mobile App.
18.104.22.168. Deposit amounts may be subject to limits depending on the level to which you have verified your identity, or provided additional pertinent information as described in the XREX Deposit and Withdrawal Policy which is hereby incorporated into these Terms.
22.214.171.124. Only users who have passed the KYC procedures can withdraw Fiat Money and cryptocurrencies from XREX. You will be required to maintain enough funds in your wallets or bank accounts to satisfy any open orders you may have. Any funds in excess of those committed to your open orders may be withdrawn to an external wallet, in the case of Tokens, or to an external bank account under your name (and your name only), in the case of Fiat Money.
126.96.36.199. XREX may require you to verify your ownership of any external wallets or bank accounts prior to approving your withdrawal requests. Please note that XREX is unable to reverse any withdrawal transactions and therefore accepts no responsibility for amounts sent to incorrect, improperly formatted, or erroneous addresses, or addresses of a different type of Token than the one stipulated in the withdrawal request.
188.8.131.52. Withdrawal amounts may be subject to limits depending on the level to which you have verified your identity, or provided additional pertinent information as described in the XREX Deposit and Withdrawal Policy.
184.108.40.206. You hereby authorize XREX to use your account to send amounts to any approved external wallet address or bank account specified by you when using the Service, as well as to deduct or debit any fees charged by XREX when executing transfers on your behalf.
1.5.3. Other Account Funding Terms
220.127.116.11. You hereby accept responsibility for any fees charged by third parties when making transfers to external wallet addresses or bank accounts, as well as any fees charged by XREX when executing transfers on your behalf.
18.104.22.168. You also accept responsibility for ensuring that any transfer request, whether inbound or outbound, confirms the XREX requirements, third-party service provider requirements, or Token requirements for processing such a request. For Token transfers, you accept all responsibility for ensuring wallet addresses are properly formatted, correct, and suitable for the type of Token being transferred.
22.214.171.124. You further accept responsibility for ensuring that there are no errors in your transfer instructions when using the Services. You hereby agree and accept that if you do not comply with any of the above requirements, your Tokens may be permanently lost and you agree to waive any and all claims against XREX under such circumstances.
126.96.36.199. The timing of completion of transactions is up to third-party networks and XREX provides no guarantees as to how long a transaction may take before it can be completed.
188.8.131.52. XREX may impose limits on the amounts you will be able to transfer into or out of the Services at any given time and may suspend or even terminate your ability to make transfers from either your Token wallet or Fiat Money account or both, in order to comply with regulations, law enforcement orders, government body orders or at XREX’s own discretion.
1.6. Prohibited Use and activities
1.6.1. You will not violate any law, regulation, contract, intellectual property, or another third-party right, or commit a tort while using the Services; use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner; engage in any type of market manipulation. Market manipulation activities include, but are not limited to, pump and dump schemes, wash trading, self-trading, front running, quote stuffing, and spoofing and layering, regardless of whether it is prohibited by law; use the Services to pay for, support, or otherwise engage in any illegal gambling activities, fraud, money-laundering, or terrorist activities, or other illegal activities; use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Services or to extract data; use or attempt to use another user’s account without authorization; attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Services that you are not authorized to access, or attempt to access the Services from any location or jurisdiction in which you are prohibited from accessing the Services; introduce to the Services any malware, virus, trojan worms, logic bombs, or other harmful material; develop any third-party applications that interact with our Services without our prior written consent, or unless otherwise agreed; provide false, inaccurate, or misleading information; post content or communications that are, in our sole discretion, libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable; post content containing unsolicited promotions, political campaigning, or commercial messages (SPAM) or any chain messages or user content designed to deceive or trick the user of the Service; post content containing private information of any third-party including, but not limited to, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; promote, offer, use or otherwise exploit the Services or use or otherwise exploit any data related thereto in connection with the formation, operation or offering of any index fund or similar product or any data package or similar product or any other derivative product utilizing the Site or the Services; or encourage or induce any third party to engage in any of the activities prohibited under this Section.
1.6.2. Copyright Violations: XREX has a policy of limiting access to our Services and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on the Services infringes any copyright that you own or control, you may notify us via email to [email protected]. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable for costs and damages caused by your infringement.
1.6.3. Remedies: If you violate any of these Terms, XREX may, as it determines reasonably necessary to remedy or mitigate your violation, delete all or part of such information transmitted by you, suspend or cancel your account, or confiscate Tokens owned by you without any prior notice to you. XREX shall in no event be responsible or liable for any damage incurred by the user as a result of an action taken by us pursuant to this paragraph. Any right or remedy of XREX set forth in these Terms is in addition to, and not in lieu of, any other right or remedy whether described in these Terms, under the statute, at law, or in equity.
1.7.1. In the event of discontinuation of all Services or other termination of your right to access all Services: (a) all amounts payable by you to us will immediately become due; (b) we may delete or deactivate your account and all related information and files in such account without liability to you; (c) we may cancel any open Orders or other transaction requests that are pending at the time of discontinuation or termination.
1.7.2. In the event of discontinuation or termination of all Services or discontinuation or termination of transfer or storage Services for all or some Tokens, we will use commercially reasonable efforts, unless prohibited in order to comply with applicable laws or regulations or by order of law enforcement or other governmental authority, to provide you with a period of 90 days to remove the affected Tokens from your Hosted Wallet and any Fiat Money from your account.
1.8. Unclaimed Property
1.8.1. If your account has been inactive and you have not responded to reasonable attempts by XREX to contact you for a period of time, XREX may have an obligation to report any Tokens in your wallet address or any Fiat Money in your account to the applicable government entity as unclaimed property. If this happens, we will attempt to contact you using the information you provided. If you do not respond, XREX may be obligated to turn over any Tokens in your wallet address, or any Fiat Money in your account to the applicable government entity after deducting fees payable to XREX.