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Legal Terms

SmartCryptex provides most transparent trading environment and discloses all terms and conditions in detail

Terms and Conditions

By accessing, viewing, using or clicking “I agree” to any of the services made available on this website, owned and operated by SmartCryptex Trading Services Ltd. (hereinafter referred to as “Operator”) via address https://smartcryptex.com (hereinafter referred to as “Website”) and using the services (hereinafter referred to as “Service”) provided by Prime Technologies Ltd. (hereinafter referred to as “Service Provider”), our mobile applications, or any other related services you acknowledge that you have read, understand, and unconditionally agree to be bound by the Terms of this agreement.

The Operator (in the part that affects its activities) or the Service Provider (in the part that affects its activities) may at any time, without notice, amend the Terms of this agreement. You agree to continue to be bound by any amended terms and conditions and that the Operator (in the part that affects its activities) or the Service Provider (in the part that affects its activities) may at any time, without notice, amend the Terms of this agreement have no obligation to notify you of such amendments.

You acknowledge that it is your responsibility to periodically check these Terms of this agreement for changes and that continued use of the Website and Services offered by the Operator (in the part that affects its activities) or the Service Provider (in the part that affects its activities) following the posting of any changes to the Terms of this agreement indicates your acceptance of any such changes. If you do not accept the Terms of this agreement, do not access this Website and do not use this Service.

This Agreement constitutes the agreement between you (hereinafter referred to as “Customer”, “You”) and the Operator (in the part that affects its activities) and the Service Provider (in the part that affects its activities). All other information provided on the Website, as well as oral/written statements made, are excluded from this Agreement.

Subject to the terms and conditions of this Agreement and acceptance of Customer’s application to open an account (hereinafter referred to as “Account”) with the Service Provider will maintain one or more Accounts in Customer’s name for Non-Deliverable Bitcoin settled products trading with and for Customer and provide such other services and products as the Service Provider may, in its sole discretion, determine from time to time in the future. Unless expressly stated otherwise in writing, all сontracts and other transactions entered into between the Service Provider and Customer shall be governed by the terms of this Agreement, as amended from time to time.

Interpretation

In this Agreement unless the opposite is clear from the context the following rules of interpretation apply:

  1. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular;
  2. Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
  3. References to clauses and schedules are to the clauses and schedules of this Agreement and references to paragraphs are to paragraphs of the relevant schedule;
  4. A reference to any party shall include that party’s personal representatives, successors and permitted assigns.
  5. The term 'including' does not exclude anything not listed;
  6. A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time;
  7. A reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision.
  8. A reference to writing or written includes e-mail.
  9. Any obligation on a party not to do something includes an obligation not to allow that thing to be done.
  10. Any words following this Agreement including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding or following that agreement.
  11. Headings of sections are for convenience only and shall not be used to limit or construe such sections. All the sections in this Agreement shall survive any termination or expiration of this Agreement.
  12. Certain statements in this Agreement and informational documents on this Website constitute “forward-looking information” under applicable laws. Except for statements of historical fact, information contained herein may constitute forward-looking statements. When used in this Agreement, the words “may,” “will,” “should,” “project,” “anticipate,” “believe,” “estimate”, “intend,” “expect,” “continue,” and similar expressions or the negatives thereof are generally intended to identify forward-looking statements. Forward looking statements are not guarantees of future performance, and undue reliance should not be placed on them. Such forward-looking statements necessarily involve known and unknown risks and uncertainties, which may cause market projections and financial results in future periods to differ materially from any projections of future performance or result expressed or implied by such forward looking statements. Although forward-looking statements contained herein are based upon what management believes may be reasonable assumptions, forward-looking statements may prove to be inaccurate, as actual results and future events could differ materially from those anticipated in such statements. The Operator (in the part that affects its activities) or the Service Provider (in the part that affects its activities) expressly disclaims any obligation or undertaking to disseminate any updates or revisions to any forward-looking statement contained herein to reflect any change in its expectation with regard thereto or any change in events, conditions, or circumstances on which any such statement is based.

Definitions

Agreement - Terms and Conditions and any other rules, policies or procedures that may be issued by published from time to time on the Website.

Actions - Any Customer’s instructions received through the Website

Applicable Law - Law applicable under this Agreement to any and all relations between the Customer and the Operator (in the part that affects its activities) or the Service Provider (in the part that affects its activities)

Customer - the person who has completed the Registration form and whose application the Service Provider has accepted. The Service Provider reserves its right to set forth at any time and upon its own discretion special eligibility conditions or other requirements to certain persons as a Customer.

Data - any data input by You or with Your authority into the Website.

Intellectual Property Rights - Any invention, patent, utility model right, copyright and related right, registered design, unregistered design right, trade mark, trade name, internet domain name, design right, design, service mark, database rights, topography rights, rights in get-up and trade dress, rights in goodwill or to sue for passing off and any other rights of a similar nature or other industrial or intellectual property rights owned or used by the Operator (in the part that affects its activities) and the Service Provider (in the part that affects its activities) in any part of the world whether or not any of the same is registered (or capable of registration), including applications and the right to apply for and be granted, extensions or renewals of and rights to claim priority from, such rights and all equivalent or similar rights or protections which subsist now or will subsist in the future.

Non-Deliverable Bitcoin Settled Products – products available for trading on the platform and may be named as “CFD’s”, “Forex”, “Indices” and “Cryptocurrencies” for information and marketing purposes. Non-Deliverable Bitcoin settled products trading services are provided by Prime Technologies Ltd.

Operator – SmartCryptex Trading Services Ltd. a company incorporated under the International Business Companies Act of 1994 of the Republic of Seychelles with a company number of 206865.

Service Provider – Prime Technologies Ltd. a company incorporated under the Business Companies Act of the laws of St. Vincent and the Grenadines with a company number of 25369BC2019.

Service – means all services made available (as may be changed or updated from time to time by the Service Provider) via the Website.

Website – A group of interrelated websites owned and operated by SmartCryptex Trading Services Ltd., available in the Internet via address https://smartcryptex.com.

User – means any person, who uses the Website via address https://smartcryptex.com.

  1. Eligible Customers

    1. By registering as a Customer You covenant, represent, and warrant that (under the Applicable Law and law of the country of Your residence):
      1. that You have accepted the Terms and Conditions; and
      2. that You are of an age of majority to enter into this Agreement (at least 18 years of age), meets all other eligibility criteria and residency requirements, and is fully able and legally competent to use the Website, enter into agreement with the Service Provider and in doing so will not violate any other agreement to which You are a party;
      3. that You are the legal owner of the funds you add to Your account with the Service Provider and that the same funds derive from a legitimate and legal source;
      4. that using Services does not constitute a breach of your home jurisdictions’ laws;
      5. that You are aware of the risks in using the services provided by the Service Provider. These risks include the fact that You may lose all of the funds in your trading account if the market moves against You or in the case of failures, technical malfunctions of the site and other technical malfunctions, failures in the supply of quotations, force majeure etc.
      6. that You will not be involved with, or initiate any form of market manipulation, including spoofing orders or otherwise under the threat of blocking the account in any case of identifying such violations;
      7. that if we require any KYC-procedure You will provide correct, genuine and up-to-date information or documents;
      8. that any withdrawal address You provide is You are own and that You are full control over this address;
      9. You are not allowed to access or use the Services if you are located, incorporated or otherwise established in, or a citizen or resident of: Sevastopol, Iran, Syria, North Korea or Sudan; any state, country or other jurisdiction that is embargoed; a jurisdiction where it would be illegal according to Applicable Law for you (by reason of your nationality, domicile, citizenship, residence or otherwise) to access or use the Services; or where the publication or availability of the Services is prohibited or contrary to local law or regulation, or could subject Services Provider to any local registration or licensing requirements (together, the "Restricted Jurisdictions"). We may, in our sole discretion, implement controls to restrict access to the Services in any of the Restricted Jurisdictions. If we determine that you are accessing the Services from any Restricted Jurisdiction, or have given false representations as to your location of incorporation, establishment, citizenship or place of residence, we reserve the right to close any of your accounts immediately and liquidate any open positions.
    2. When accessing and using the Service, You must:
      1. not attempt to undermine the security or integrity of the Service Provider computing systems or networks or, where the Services are hosted by a third party, that third party’s computing systems and networks;
      2. not use, or misuse, the Services in any way which may impair or alter the functionality of the Services or Website, or other systems used to deliver the Services or impair or alter the ability of any other user to use the Services or Website;
      3. not attempt to gain unauthorized access to the computer system and servers on which the Website is hosted or to any materials other than those to which you have been given permission to access;
      4. not transmit or input into the Website any files that may damage any other person’s computing devices or software; content that may be offensive; or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which you do not have the right to use);
      5. not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the Website except as is strictly necessary to use either of them for normal operation.
    3. You will ensure that all usernames and passwords required to access the Website are kept secure and confidential, and that it is Your responsibility alone ensure this. You will immediately notify the Service Provider of any unauthorized use of Your passwords or any other breach of security and the Service Provider will reset Your password and take other steps to ensure the security of your account and the platform.
    4. It is your responsibility entirely to provide us with correct details including Your withdrawal address. We accept no liability resulting in You not receiving withdrawal funds due to You providing incorrect or out-of-date details. The Service Provider excludes all liability for any incorrect transactions to wrong addresses, or any other such mistakes.
    5. The Service Provider reserves the right at any time to verify Your identity for the purposes of complying with the any KYC/AML requirements
    6. The Service Provider reserves the right to impose trading limits and withdrawal limits before You are required to conduct Customer Due Diligence (CDD). You agree to cooperate fully with us throughout this process and that You will provide all documentation/information that we may require in order to verify Your identity and to assess the purpose of the business relationship.

  2. Service Performance

    1. From the date on which Your Account is activated, the Service Provider will:
      1. Receive and transmit orders on Actions.
      2. Execute orders on Actions.
      3. Provide for safekeeping and administration of Actions for the account of Customers, including Non-Deliverable Bitcoin settled products trading and related Services.
      4. Provide investment Research and financial analysis
    2. The Customer acknowledges that the Services do not include the provision of investment advice. Any investment information as may be announced by the Service Provider to the Customer does not constitute investment advice but merely aims to assist in investment decision making.
    3. The Customer agrees and acknowledges that he/she/it is solely responsible for any investment strategy, transaction or investment composition of any account and taxation consequences and he shall not rely, for this purpose on the Service Provider. It is also understood and accepted that the Service Provider shall bear absolutely no responsibility, regardless of the circumstances, for any such investment strategy, transaction, investment or information.
    4. The Service Provider may, from time to time in its absolute discretion, withdraw all or any part of the Services on a temporary or permanent basis.
    5. Customer authorizes the Service Provider to purchase and sell Non-Deliverable Bitcoin settled products for Customer’s Account in accordance with Customer’s instructions received through the Website, subject to the terms of this Agreement.
    6. Customer agrees to be conclusively responsible for any instruction received electronically (including, but not limited to, any Order) that is identified with Customer’s password and Account number to the Service Provider from persons that the Service Provider, in its sole judgment, believes are apparently authorized by the Customer.
    7. Pricing Information. The Service Provider will make available, by posting on the Website, Bid Prices and Ask Prices at which the Service Provider is prepared to offer the Customer to buy or sell Non-Deliverable Bitcoin settled products at. The Service Provider expects that these prices will be reasonably related to the bid prices and ask prices available in the market at that time for similar transactions, but a number of factors, such as communication system delays, high volume or volatility can result in deviations between prices quoted by the Service Provider and other sources. The Service Provider makes no warranty, express or implied, that Bid Prices and Ask Prices represent prevailing bid prices and ask prices. If the Customer loses his funds due to the difference in quotations, the Service Provider is not responsible for this.
    8. Order Execution. The Service Provider will attempt to execute all Orders that it may, in its sole discretion, accept from Customer in accordance with Customer’s instructions received through the Website. In cases where the prevailing market represents prices different from the prices the Service Provider has posted on its Website, the Service Provider will attempt, on a best efforts basis, to execute trades on or close to the prevailing market prices. This may or may not adversely affect Customer realized and unrealized gains and losses.
    9. Customer acknowledges, understands and agrees that the Service Provider is not acting as an agent, advisor or in any fiduciary capacity. Notwithstanding the provisions of this paragraph, Customer acknowledges, understands and agrees that orders can be executed at prices different from those that the Customer sees on the Website.
    10. Trade Matching. The Service Provider or its affiliates may determine to route Customer’s orders to a trade matching system operated by third parties. In that event, the Service Provider and/or any one or more of its affiliates, shall have the right (but not an obligation), in the sole discretion of the Service Provider or any such affiliate, to act for its own account, and as a counterparty or as a broker to Customers in the making of markets, including without limitation, over any trade matching network in use by Customers and/or the general public.
    11. Position & Trading Limits. The Service Provider reserves the right to limit the number of Open Positions that Customer may enter or maintain in Customer’s Account. The Service Provider reserves the right, in its sole discretion, to refuse to accept any Order opening a new position or increasing an Open Position.
    12. The Customer is liable for all the trading losses that occurred due to voluntary or involuntary, but due to the Customer’s fault, provision of access to the trading platform to the third parties

  3. Margin Requirements

    1. Customer shall provide to and maintain with the Service Provider margin funds in such amounts, and within such limits as the Service Provider, in its sole discretion, may from time to time require in order to provide Service. The Service Provider may change margin requirements at any time, without prior notice to Customer: (x) any time Customer’s margin balance falls below the Service Provider minimum margin requirement as applied to that Account; and (y) any time the Service Provider, in its sole discretion, believes that it is prudent to do so. The Service Provider may at any time liquidate Customer’s open positions or withdraw funds from the Customer’s account without notice: (x) to ensure that actual margin equals or exceeds required margin; and (y) to satisfy any payment obligation to the Service Provider, including commissions, margin financing and other costs in respect of Customer’s Account.

  4. Commissions, Margin Financing and Other Costs

    1. The Customer shall be obliged to pay the Service Provider the commissions, margin financing and other costs set out on the Website. The Service Provider will display all current commissions, margin financing and other costs on its Website.
    2. The Service Provider may vary commissions, margin financing and other costs from time to time and shall provide Customers with notice thereof. All changes in commissions, margin financing and other costs are displayed on the Website.

  5. Intellectual property

    1. The Website and the copyright in all software on the Website is entirely owned by the Operator including all trademarks on the Website. All text, graphics, images and any other materials on the Website is entirely owned by the Service Provider. Materials on this Website may only be used for personal use and non-commercial purposes.
    2. You may digitally display or print extracts from the Website for the above-stated purpose, only under the condition that You retain any copyright and other proprietary notices or any the Operator’s and the Service Provider’s trademarks or logos, as shown on the initial printout or download without digital or physical alteration, addition or deletion. Except as expressly stated herein, You may not without the Operator’s and the Service Provider’s prior written permission alter, modify, reproduce, distribute or use in any other commercial context any copyrighted materials from the Website.
    3. You acknowledge that the Operator’s and the Service Provider’s logos are trademarks. You may only use and/or reproduce such trademarks without physical or digital alteration on material downloaded from this Website to the extent authorized above, but You may not otherwise use, copy, adapt, change, or erase them.
    4. You shall not under any circumstances obtain any rights over or in respect of the Website (other than rights to use the Website pursuant to these Terms and any other terms and conditions governing a particular service or section of the Website) or hold yourself out as having any such rights over or in respect to the Website.
    5. All intellectual property rights relating to all the material used on the Website including, but not limited to, design, structure, layouts, graphical images and underlying source code belongs the Operator (in the part that affects its activities) and the Service Provider (in the part that affects its activities). All rights are reserved.
    6. You acknowledge that, except as otherwise agreed between the parties in writing, all intellectual property rights of the Operator (in the part that affects its activities) and the Service Provider (in the part that affects its activities).
    7. By submitting content to any public area of the Website, including blogs, message boards, and forums, you grant the Operator (in the part that affects its activities) and the Service Provider (in the part that affects its activities) a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also permit any subscriber to access, display, view, store and reproduce such content for personal use.
    8. By submitting any content to the Website You warrant that You are entitled to and have all necessary intellectual property rights over that content.

  6. Third Party Websites

    1. Any links to third party websites that are not affiliated or associated with the Operator or the Service Provider (although the Operator’s or the Service Provider’s branding, advertisements or links may appear on these websites) and the Operator may send e-mail messages to you containing advertisements or promotions including links to third parties. The Operator makes no representation as to the quality, suitability, functionality or legality of the material on third party websites that are linked to, or to any goods and services available from such websites. The material is only provided for your interest and convenience. The Operator does not monitor or investigate such third-party websites and the Operator accepts no responsibility or liability for any loss arising from the content or accuracy of this material and any opinion expressed in the material should not be taken as an endorsement, recommendation or opinion of the Operator.
    2. Under no circumstances are you to create a hyperlink to any of the pages on the Website, without obtaining prior consent to do so from the Operator. If You do create a link to any of the pages on the Website, You acknowledge that You are responsible for all direct or indirect consequences of the link, and you indemnify the Operator for all loss, liability, costs, damages, or expense arising from or in connection with the link.

  7. Warranties and Representations

    1. You acknowledge that:
      1. You are authorized to access and use the Website; In particular, the jurisdiction where you reside, hold citizenship, or conduct business allows You to utilize Services;
      2. Your use of the Website and the Service is at Your own risk. You agree that the Operator (in the part that affects its activities) or the Service Provider (in the part that affects its activities) are not liable for any damages or harms arising out of Your use of the Website and Service;
      3. The information provided on the Website is for general information purposes only and is given in good faith, You must only act upon such information at Your own risk, knowing that the Operator (in the part that affects its activities) or the Service Provider (in the part that affects its activities) will not be held liable for any resulting losses or damages. The information is selective and the Operator (in the part that affects its activities) or the Service Provider (in the part that affects its activities) may not verify all information, which may not be complete or accurate for Your purposes and should not be relied upon without further enquiry. The information should not be construed as a recommendation to trade or engage the Service provided by the Service Provider in a particular manner; and
      4. The Operator does not warrant that the use of the Website will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Website, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Website. The Operator (in the part that affects its activities) or the Service Provider (in the part that affects its activities) are not in any way responsible for any such interference that prevents Your access or use of the Website and the Service. The Operator (in the part that affects its activities) or the Service Provider (in the part that affects its activities) are not responsible for any losses, expenses, costs, or damages resulting from interruptions, errors, or interferences.
      5. The Operator gives no warranty about the Website. Without limiting the foregoing, the Operator does not warrant that the Website will meet Your requirements or that it will be suitable for your purposes. To avoid doubt, all implied conditions or warranties are excluded insofar as is permitted by law including, without limitation, warranties of merchantability, fitness for purpose, title and non-infringement.
      6. You warrant and represent that You are acquiring the right to access and use the Website and agreeing to these Terms for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees, or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Website or these Terms.
      7. Customer does not intend to hinder, delay or defraud the Service Provider or any other Customers of the Website or engage in any illegal conduct and or unlawful activity in relation to money laundering, receiving the proceeds of drug trafficking or terrorist activities; receiving the proceeds of criminal activities, terrorist activities or trading with such countries as might from time to time be subject to any embargo imposed by the Security Council of the United Nations, the European Union or in any place of the world.
      8. The Operator denies all liability for the operation and reliability of the Website when used within an Internet environment, where you or a third party is providing the computer equipment and/or internet services upon which the product is dependent upon for any part of its functionality.
      9. By using this Service You confirm that You understand that the timely operation of the Internet and the World Wide Web is governed by constraints beyond the control of the Service Provider You accept that Service Provider is not liable for any perceived slow operation of the Website, or any damages or losses that could result from slow operation of the Website.
      10. By using this Service You accept that all trade executions are final and irreversible, and that the Service Provider is not liable for the results of any trades/executions.
      11. By using this Service You accept that the Service Provider reserves the right to liquidate any trades at any time regardless of the profit or loss position.
      12. The Service Provider does not warrant that the Service will meet Your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected, or that the Service will be available at any particular time or location. You assume full responsibility and risk of loss resulting from your use of the Service, and the Service Provider is not liable for any resulting losses or damages.
      13. It is our responsibility to maintain an orderly market and as such we may at our own discretion halt trading on the Website or limit access to the Website due to market disruption, service maintenance or any other relevant events. We exclude all liability for any claimed losses or profits lost as a result of us halting trading.
      14. Some jurisdictions do not allow the exclusion of certain warranties or disclaimer of implied Agreement in contracts with consumers, so some or all of the exclusions of warranties and disclaimers in this section may not apply to the Customer.

  8. Limitation Of Liability

    1. To the fullest extent permitted by applicable law:
      1. In no event will the Service Provider or any of the Service Provider parties be liable for any indirect, special, incidental, consequential or exemplary damages of any kind (including, but not limited to, where related to loss of revenue, income or profits, loss of use or data, or damages for business interruption) arising out of or in any way related to the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed), or any other legal or equitable theory (even if the Customer has been advised of the possibility of such damages and regardless of whether such damages were foreseeable); and
      2. In no event will the Service Provider and the Service Provider parties (jointly) aggregate liability, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), or other theory, arising out of or relating to this Agreement;
      3. The Parties shall be responsible for compliance with terms and conditions, for fulfillment of the Customers commitments and guarantees in the manner and in the amount prescribed by this Agreement, in particular:
        1. In case of filing accusations, claims or lawsuits to the Service Provider related to non-compliance by the Customer engagements, the Customer agrees to solve such claims or actions on his own and at his own expense, as well as fully compensate the Service Provider’s documented proven losses, court fees, legal costs, incurred in connection with the refusal of the Customer or untimely fulfillment of his obligations by the Customer.
        2. In case of the Customer’s violation of his obligations of this Agreement, the Service Provider reserves the right to:
          1. demand full compensation from the Customer for losses caused by every violation;
          2. bring a case before a court if the compensation doesn't cover the Service Provider’s loss;
          3. release the information relating to the Customer identity and location to any authorized officer in accordance with applicable law.
    2. If Applicable law does not allow all or any part of the above limitation of liability to apply to the Customer the limitations will apply to the Customer only to the extent permitted by Applicable law. Customer understand and agree that it is his/her/its obligation to ensure compliance with any legislation relevant to his/her/its country of domicile concerning use of the Website.

  9. Termination & Remedies for Breach of these Terms by You

    1. The Service Provider reserve the right at our own discretion to close Your Account with at least 24-hour notice. If at the expiry of that period, your positions are still open, the Service Provider will close them.
    2. The Service Provider may freeze any Account in the event that the Service Provider suspect or have evidence that You are engaged in suspicious trading or other activity or have breached any of the above terms or warranties. This may result in the unwinding of any trades You have entered into, including the liquidation of any open positions. The Service Provider expressly exclude any losses or profits You would have made as a result of us closing Your trade positions early or You not being able to trade on the Website and You agree to indemnify the Service Provider completely against any third-party action resulting from Your conduct or us having to close Your positions early. While Your Account is frozen the Service Provider will investigate and may require You to cooperate with our enquiries. During the investigation stage You may not be able to make deposits or withdrawals to your Account nor will You be able to trade or open any new positions. At the end of the investigation the Service Provider may, at our own discretion, decide to close Your Account for which we are not required to provide You with any reasons for the same.

  10. Absence of Waiver

    1. Any failure or delay the Operator (in the part that affects its activities) and the Service Provider (in the part that affects its activities) to enforce any of the terms or to exercise any right under the Agreement will not be construed as a waiver to any extent of our rights.

  11. Applicable Law

    1. All questions concerning the construction, validity, enforcement and interpretation of this Agreement shall be governed by and construed and enforced in accordance with the laws of Saint Vincent and the Grenadines.

  12. Force Majeur

    1. To resolve any dispute, controversy or claim between the Customer and the Operator (in the part that affects its activities) and the Service Provider (in the part that affects its activities) shall be held harmless for partial or absolute default on their respective obligations under the Agreement, if such default is caused by the circumstances of insuperable force that occurred after execution of the terms and conditions as result of extraordinary events, i.e. natural disasters, epidemics, fires, floods, explosions, military activities.
    2. The Customer or the Operator (in the part that affects its activities) and the Service Provider (in the part that affects its activities) affected by the circumstances of insuperable force shall, within five (5) business days, notify the Customer or the Operator (in the part that affects its activities) and the Service Provider (in the part that affects its activities) on such circumstances providing independent evidence of existence of the circumstances of insuperable force issued by a relevant government or administrative authorities.

  13. Dispute Resolution

    1. Arising out of or relating to this Agreement or the breach thereof, the Parties agree first to negotiate the issue in good faith for a period of not less than thirty (30) days following written notification of such controversy or claim to the other Party.
    2. If the negotiations do not resolve the dispute, controversy or claim to the reasonable satisfaction of all Parties during such period, then the Parties irrevocably and unconditionally submit to the respective claim to the binding arbitration administered by the competent court of Saint Vincent and the Grenadines in accordance with the rules of the arbitral tribunal, in English language, in writing on the basis of the documents submitted.

  14. Severability

    1. If any term, provision, covenant or restriction of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, void or unenforceable, the remainder of the Agreement, provisions, covenants and restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and the parties hereto shall use their commercially reasonable efforts to find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such term, provision, covenant or restriction. It is hereby stipulated and declared to be the intention of the parties that they would have executed the remaining terms, provisions, covenants and restrictions of the Agreement without including any of such that may be hereafter declared invalid, illegal, void or unenforceable.

  15. Other Conditions

    1. The English version of this Agreement shall prevail in case of differences in translation.
    2. Any notice or other communication under this Agreement shall be in writing and shall be considered given and received when sent by email. The Customer’s official email for communication shall be deemed the email specified by the Customer during the registration on the Website. The language of the communication shall be English.
    3. Except as otherwise provided in this Agreement, this Agreement and the rights and obligations of the parties hereunder will be binding upon and inure to the benefit of their respective successors, assigns, heirs, executors, administrators and legal representatives. Operator and the Service Provider may assign any of its rights and obligations under this Agreement. No other party to this Agreement may assign, whether voluntarily or by operation of law, any of its rights and obligations under this Agreement, except with the prior written consent of the Service Provider.

RISK DISCLOSURE STATEMENT

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES, THE SERVICES PROVIDER MATERIALS AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF SERVICES PROVIDER ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND SERVICES PROVIDER EXPRESSLY DISCLAIMS, AND YOU WAIVE, ANY AND ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE. WITHOUT LIMITING THE FOREGOING, SERVICES PROVIDER DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SERVICES OR SERVICES PROVIDER MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SERVICES PROVIDER DOES NOT GUARANTEE THAT ANY ORDER WILL BE EXECUTED, ACCEPTED, RECORDED OR REMAIN OPEN. EXCEPT FOR THE EXPRESS STATEMENTS SET FORTH IN THIS AGREEMENT, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR UNDERSTANDING, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT SERVICES PROVIDER WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO: (A) ANY INACCURACY, DEFECT OR OMISSION OF PRICE DATA, (B) ANY ERROR OR DELAY IN THE TRANSMISSION OF SUCH DATA, (C) INTERRUPTION IN ANY SUCH DATA AND (D) ANY DAMAGES INCURRED BY ANOTHER USER’S ACTIONS, OMISSIONS OR VIOLATION OF THIS AGREEMENT.

In consideration of the Service Provider agreeing to enter into Agreement with the Customer, Customer acknowledges, understands and agrees that:

  1. Trading Non-Deliverable Bitcoin Settled Products are Very Speculative and Risky. Trading Non-Deliverable Bitcoin settled products are highly speculative and is suitable only for those Customers who (a) understand and are willing to assume the economic, legal and other risks involved, and (b) are financially able to assume losses significantly in excess of Margin or deposits.

    Trading with Non-deliverable Bitcoin settled products are not an appropriate investment for retirement funds. Customer represents, warrants and agrees that Customer understands these risks; that Customer is willing and able, financially and otherwise, to assume the risks of Trading with Non-Deliverable Bitcoin settled products and that loss of Customer’s entire Account Balance will not change Customer’s life style.

  2. High Leverage Can Lead To Quick Losses. The high leverage associated with trading with Non-Deliverable Bitcoin settled products can result in significant losses due to price changes. Customers must maintain the minimum margin requirements on their open positions at all times. It is the Customer’s responsibility to monitor his/her account balance. The Service Provider has the right to liquidate any or all open positions whenever the minimum margin requirement is not maintained. Increasing leverage increases risk.
  3. Prices, Margin And Valuations Are Set By The Service Provider And May Be Different From Prices Reported Elsewhere. The Service Provider will provide indicative prices to be used in trading, valuation of Customer positions and determination of Margin requirements. Although the Service Provider expects that these prices will be reasonably related to prices available in the open market, prices reported by the Service Provider may vary from prices available to banks and other participants in what is known as the open market. The Service Provider will exercise considerable discretion in setting and collecting Margin.
  4. Market Recommendations Are Informational, Customer Makes Independent Decisions, And The Service Provider Is Not An Adviser Or A Fiduciary To Customer. The market recommendations provided by the Service Provider do not constitute an offer to buy or sell, or the solicitation of an offer to buy or sell, any contracts. Each decision by Customer to enter into a buy or sell order or other transaction with the Service Provider and each decision whether such order or other transaction is appropriate or proper for Customer is an independent decision by Customer. The Service Provider is not acting as an advisor or serving as a fiduciary to Customer. Customer agrees that the Service Provider has no fiduciary duty to Customer and no liability in connection with and is not responsible for any liabilities, claims, damages, costs and expenses, including attorneys’ fees, incurred in connection with Customer following the Service Provider trading recommendations or taking or not taking any action based upon any recommendation or information provided by the Service Provider.
  5. Recommendations Are Based On Personal Judgments And Are Not Guaranteed. The market recommendations of the Service Provider are based solely on the judgment of the Service Provider personnel. These market recommendations may or may not be consistent with the market positions or intentions of the Service Provider, its affiliates and employees. The market recommendations of the Service Provider are based upon information believed to be reliable, but the Service Provider cannot and does not guarantee the accuracy or completeness thereof or represent that following such recommendations will reduce or eliminate the risk inherent in Trading with Non-deliverable Bitcoin settled products.
  6. There is no Central Market or Clearinghouse Guarantee. Each trade, order or position is a contract directly between the Service Provider and the Customer. There is no clearing house and no guarantee by any other party of the Service Provider payment obligations to the Customer.
  7. No Guarantees of Profit. There are no guarantees of profit or freedom from loss in Trading with Non-Deliverable Bitcoin settled products. Customer has received no such guarantees from the Service Provider or from any of its representatives. Customer is aware of the risks inherent in Trading with Non-deliverable Bitcoin settled products and is financially able to bear such risks and withstand any losses incurred.
  8. Customer May Not Be Able To Close or Open Positions. Due to market conditions, Website maintenance, technical issues, system failure or other circumstances the Service Provider may be unable to close existing position or open new position at the level specified by Customer, and Customer agrees the Service Provider will bear no liability for failure to do so.
  9. Service Interference and Third Party Attacks. There may be third party or other attacks targeting computers/networks, spreading malware, running botnets, (D)DOS attacks, defacing websites, violations of network security, etc. which can material alter, intercept or otherwise interfere with the giving or execution of an Order or the transfer of funds to and from the Customer’s Account. Customer acknowledges, understands and accepts that the Service Provider shall bear no responsibility or liability whatsoever for it.
  10. Indemnification. You agree to indemnify and hold harmless Operator and Services Provider, its affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to (i) your use of, or conduct in connection with, the Services, (ii) your breach or our enforcement of these Terms, or (iii) your violation of any applicable law, regulation, or rights of any third party during your use of the Service. If you are obligated to indemnify Operator and Services Provider, its affiliates, contractors, licensors, and their respective directors, officers, employees or agents pursuant to this clause, Operator and Services Provider will have the right, in its sole discretion, to control any action or proceeding and to determine whether Operator and Services Provider wishes to settle, and if so, on what terms.

SmartCryptex Trading Services Ltd. Privacy Policy

  1. Introduction

    The proper handling of personal data is extremely important to us. We therefore take your privacy seriously when processing and protecting your personal data. This is done in accordance with provisions set out in the applicable privacy laws (including the General Data Protection Regulation). We want you (hereinafter: «user») to understand how and why SmartCryptex Trading Services Ltd. (hereinafter referred to as «SmartCryptex» «we» «our» or «us» or «Company») a company incorporated in the Republic of Seychelles with a company number of 206865 collects, processes, uses, and shares your personal information (hereinafter: «Personal Information», «PI», «PD») when you use our website https://smartcryptex.com, software, applications and other online products and services (collectively, the «Services») or when you otherwise interact with us or receive a communication from us. By visiting https://smartcryptex.com you are accepting and consenting to the practices described in this policy.

    We may revise this Privacy Policy from time to time. The current version of the policy will govern our processing of your personal data and will always be available at https://smartcryptex.com. If we make a change to this policy that, in our sole discretion, is material, we will notify you via an email to the email address associated with your account. If required by law, we will request your permission or give you the opportunity to opt out of any new uses of your Personal Information.

    We take great care to limit the Personal Information we collect and use only for the purposes, which are necessary for providing our Services.

    SmartCryptex Trading Services Ltd collects and processes personal information that is necessary for legitimate business purposes, which will be disclosed to any person whose personal data is being collected, held or processed (hereinafter: «data subject») at the time of collection. SmartCryptex Trading Services Ltd will use and process this information only for the purposes for which it was collected, retaining the personal information only for so long as it is required for specific purpose of collecting the information.

    SmartCryptex Trading Services Ltd will not collect sensitive personal data except when permitted or required to do so by law, and will do so only for legitimate business purposes. If in any other instance a need arises to collect sensitive personal data, SmartCryptex Trading Services Ltd will do so only with the data subject’s express consent, which can be withdrawn at any time.

    We retain your Personal Data for as long as it is required to satisfy the purpose for which they were collected and used, unless a longer period is necessary for our legal obligations or to defend a legal.

    We do not transfer your Personal Data to Third Parties, except circumstances mentioned in this Privacy Policy.

    This Privacy Policy is incorporated into and is subject to the SmartCryptex Trading Services Ltd Terms&Conditions. Your use of the Services and any personal information you provide on our Services remains subject to the terms of this Privacy Policy and our Terms&Conditions.

    Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

  2. Purposes of Personal Information collection

    We may deliver, personalize, and improve our Services by combining and using the information we have about you (including information we receive on and off our Services) to understand how you use and interact with our Services and the people or things you’re connected to and interested in. We also may use the information we have about you for the following purposes:

    1. Provide, maintain, improve, and develop relevant features, content, and Services;
    2. Fulfil your requests and when authorized by you;
    3. Research and develop new services;
    4. Detect and defend against fraudulent, abusive, or unlawful activity;
    5. We use your location to personalize the content you provide and to serve targeted ads;
    6. Research and develop new services;
    7. Send you technical notices, updates, security alerts, invoices and other support and administrative messages;
    8. Provide customer service;
    9. Communicate with you about products, services, offers, promotions, and events, and provide other news and information we think will be of interest to you;
    10. Telephone number and address of the wallet can be used for implementation of transactions;
    11. The e-mail address can be used to carry out mailings with your consent;
    12. Personalize the Services and provide advertisements, content and features that match user profiles or interests.

    We collect general anonymous analytical information on the use of the services for their optimization.

    We provide you with controls to manage your experience with us. You can change the privacy settings in your account at any time.

  3. Personal Information
    1. We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

      Information you give us. We receive and store any information you enter on our website or give us in any other way. You provide most such information when you search some information on our website, subscribe to our newsletters, fill out a form for any media, events or partnership inquiries, communicate with our support service. For example, you provide information when you communicate with us by post, e-mail, or otherwise. As a result of those actions, you might supply us with such information as your name, address, e-mail, phone numbers, etc.

      Automatic information. We receive and store certain types of information whenever you interact with us. For example, like many websites, we use «cookies», and we obtain certain types of information when your web browser accesses our website.

      Information from other sources. We might receive information about you from other sources and add it to our account information.

      We also collect, use and share aggregated data such as statistical or demographic data for any purpose. However, aggregated data is not considered personal data as this data does not directly or indirectly reveal your identity. For example, we may aggregate your usage data to calculate the percentage of users accessing a specific website feature.

      We do not collect any special categories of personal data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

    2. Personal Information we collect and use

      User information. The information that we collect includes unique identifiers, browser type and settings, device type and settings, operating system, mobile network information including operator name and phone number and application version number. We also collect information about the interaction of your browsers and devices with our services, including OS, IP address, specifications and the date, time and referrer URL of your request.

      Account information. To create an account, you must provide a username, e-mail and password. You can also choose to add a payment or other information to your account.

      Actions you take. We collect information about the actions you take when using the Services. This includes your interactions with content, public, posting comments, interests in the projects. It also includes your interactions with other users or projects.

      Other information. You may choose to provide other information directly to us. For example, we may collect information when you request customer support or otherwise communicate with us. You may provide us with the information about your e-mail to receive mailings and to confirm transactions.

    3. When you access or use our Services, we may also automatically collect information about you

      This includes:

      Technical data. We may log information when you access and use the Services. This may include your IP address, browser type, operating system, device information (e.g., device IDs), hardware settings.

      Logs of our services, including messages about their work problems, may contain the driver versions, software installation paths, and the computer's operating time.

      Information collected from cookies. When you use our website, we may send one or more cookies to collect data analytics. When you use third-party affiliate, links registered in our services, cookies will be stored on your device within 14 days from the moment of using such link, for the purposes of successful registration.

      Location information. We may receive and process information about your location.

      We may receive personal data about you from various third parties and public sources as set out below. Technical Data from the following parties:

      1. analytics providers such as Google based outside the EU;
      2. advertising networks; and
      3. search information providers.
  4. Cookies

    Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site.

    Cookies are typically stored on your computer's hard drive. Information collected from cookies is used by us to evaluate the effectiveness of our Site, analyze trends, and administer the Platform. The information collected from cookies allows us to determine such things as which parts of our Site are most visited and difficulties our visitors may experience in accessing our Site. With this knowledge, we can improve the quality of your experience on the Platform by resolving access difficulties and recognizing and delivering more of the most desired features and information.

    We also use cookies and/or a technology known as web bugs or clear gifs, which are typically stored in emails to help us confirm your receipt of, and response to, our emails and to provide you with a more personalized experience when using our Site.

    We use third party service provider(s), to assist us in better understanding the use of our Site. Our service provider(s) will place cookies on the hard drive of your computer and will receive information we select, that will educate us on such things as how visitors navigate around our site, what products are browsed, and general Transaction information. Our service provider(s) analyses this information and provides us with aggregate reports. The information and analysis provided by our service provider(s) will be used to assist us in better understanding our visitors' interests in our Site and how to better serve those interests.

    The information collected by our service provider(s) may be linked to and combined with information that we collect about you while you are using the Platform. Our service provider(s) is/are contractually restricted from using information they receive from our Site other than to assist us.

    By using our Site you are agreeing that we may use cookies for the purposes set out above

    You can find out more about SmartCryptex Trading Services Ltd’s use of Cookies in our Cookie Policy

  5. Uses made of the information
    1. We use information held about you in the following ways:

      Information you give to us.  We will use this information:

      1. to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
      2. to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;
      3. to provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data;
      4. to notify you about changes to our service; or
      5. to ensure that content from our site is presented in the most effective manner for you and for your computer.

      Information we collect about you.  We will use this information:

      1. to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
      2. to improve our site to ensure that content is presented in the most effective manner for you and for your computer;
      3. to allow you to participate in interactive features of our service, when you choose to do so;
      4. as part of our efforts to keep our site safe and secure; or
      5. to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you; or
      6. to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.

      Information we receive from other sources.  We will combine this information with information you give to us and information we collect about you. We will use this information and the combined information for the purposes set out above (depending on the types of information we receive).

      We will use and process your Personal Information only for the purpose(s) for which it has been provided to us.

    2. Disclosure of your information

      You agree that we have the right to share your personal information with:

      We do not transfer your Personal Data to third Parties, except cases, that are mentioned in this Privacy Policy.

      With our partners. We may share information with vendors, consultants, and other service providers (but not with advertisers and ad partners) who need access to such information to carry out work for us. The partner’s use of personal data will be subject to appropriate confidentiality and security measures.

      For example: to make payments, confirm phone numbers and improve the functioning of the services.

      To comply with the law. We may share information in response to a request for information if we believe disclosure is in accordance with, or required by, any applicable law, regulation, legal process or governmental request, including, but not limited to, meeting national security or law enforcement requirements. To the extent the law allows it, we will attempt to provide you with prior notice before disclosing your information in response to such a request.

      In an emergency. We may share information if we believe it's necessary to prevent imminent and serious bodily harm to a person.

      To enforce our policies and rights. We may share information if we believe your actions are inconsistent with our user agreements, rules, or other SmartCryptex Trading Services Ltd policies, or to protect the rights, property, and safety of ourselves and others.

      With our affiliates. We may share information between and among SmartCryptex Trading Services Ltd and any of our parents, affiliates, subsidiaries, and other companies under common control and ownership.

      With your consent. We may share information about you with your consent or at your direction.

      We engage service providers to perform functions and provide services to us. For example, we use a variety of third-party services to help operate our services and to help us understand the use of our services, such as Google Analytics. We may share your private personal data with such service providers subject to obligations consistent with this Privacy Policy and any other appropriate confidentiality and security measures, and on the condition that the third parties use your private personal data only on our behalf and pursuant to our instructions. We share your payment information with payment services providers to process payments; prevent, detect, and investigate fraud or other prohibited activities; facilitate dispute resolution such as chargebacks or refunds; and for other purposes associated with the acceptance of credit and debit cards.

      We may partner with third-party advertisers, ad networks to deliver advertising and content targeted to your interests and to better understand your use of the Services. These third parties may collect information sent by your computer, browser, or mobile device in response to a request for content, such as unique identifiers, your IP address, location or other information about your computer or device.

      If you submit personally identifiable information to us through the SmartCryptex Trading Services Ltd Services, then we may use your personal information to operate, maintain, and provide features and functionality of our website, app and another services.

      Other information, that does not personally identify you as an individual is collected by SmartCryptex Trading Services Ltd (such as, by way of example, patterns of use) and is exclusively owned by SmartCryptex Trading Services Ltd. SmartCryptex Trading Services Ltd can use this information in such manner that SmartCryptex Trading Services Ltd, in its sole discretion, deems appropriate.

      We may share specific aggregated, non-personal information with third parties, such as the number of users who have registered with us, the volume and pattern of traffic to and within the website, etc. That information will not identify you, the individual, in any way.

      We shall not use your email or other contact information for sending of commercial proposal, other marketing needs, without your prior consent.

      As were mentioned above, when you send us messages, we can keep them for administering of your inquiries, for improving of our services. We shall not transfer information from such messages to third parties.

  6. Where we store your personal data

    The data that we collect from you will be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It will also be processed by staff operating outside the EEA who work for us or for one of our suppliers. SmartCryptex Trading Services Ltd will ensure that the relevant third party agrees to apply the same levels of protection that SmartCryptex Trading Services Ltd is legally obliged to have in place when it processes personal data. This includes staff engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.

    All personal information you provide to us is stored on our secure servers. Any payment transactions will be encrypted. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

    Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

  7. Your rights regarding collected PI

    You can access and change certain information through the Services.

    You may delete your account information at any time from the preferences page. But we may retain certain information about you as required by law or for legitimate business purposes after you delete your account.

    If you initially consent to our collection of location information, you can subsequently stop the collection of this information at any time by changing the preferences on your browser.

    You have the right to receive information regarding purposes of Personal information collection, regarding third parties, to which we disclose your personal information, information, regarding safeguards that are applicable for secure storage of your Personal information, period of time for which Personal information will be stored.

    You also have the right to demand erasure of personal data concerning you sending us a request. SmartCryptex Trading Services Ltd shall fulfil your request in appropriate period of time. If there is no other lawful ground for storing and processing of your PI, as prescribed by applicable law, SmartCryptex Trading Services Ltd shall erase such information. If there is another legal ground for such processing, SmartCryptex Trading Services Ltd shall notify you in appropriate period of time.

    You also have the right to demand restriction of the storing and processing of the PI, if legal grounds for such demands have arisen / as prescribed in applicable law.

    You have the right to object processing of personal data concerning yourself under circumstances, that are prescribed in applicable law. In case of such objection, SmartCryptex Trading Services Ltd shall restrain from processing of your PI, if there will be no other legal grounds for continuing of processing.

    SmartCryptex Trading Services Ltd takes your rights very seriously. However, if you are of the opinion that we have not dealt with your complaints adequately, you have the right to submit a complaint to the data privacy protection authorities responsible.

    You have the right to ask SmartCryptex Trading Services Ltd to provide you with a structured, list of previously provided PI. You also can ask SmartCryptex Trading Services Ltd to transmit your PI to previously chosen third party.

    To send a request for delete, rectification and submission of PD please use the feedback form.

  8. Protection of the Personal Information

    We provide the following safety measures regarding protection of Your PI:

    1. evaluation of the effectiveness of used security measures, prior to the launch of the website and its updates;
    2. establishing rules to access to personal data processed by the website, as well as ensuring registration and recording of all actions performed with PI in the information systems of the website;
    3. detection of the facts of unauthorized access to PI and the adoption of appropriate response measures;
    4. restoration of PI that was modified or destroyed due to unauthorized access to them (within the framework of technical capability of the Project).

    We use, store and process your PI on SmartCryptex Trading Services Ltd servers in various jurisdictions, where our facilities and/or service providers are located. By filling a «consent application» You agree to this transfer, storing, or processing. SmartCryptex Trading Services Ltd will take all steps reasonably necessary to ensure that your Personal Data is treated securely and in accordance with this Policy. SmartCryptex Trading Services Ltd protect your Personal Data under internationally acknowledged standards, using physical, technical, and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure, and alteration. Some of the safeguards SmartCryptex Trading Services Ltd use are firewalls and data encryption, physical access controls to our data centers, and information access authorization controls. SmartCryptex Trading Services Ltd also authorize access to Personal Data only for those employees or contractors who require it to fulfil their job or service responsibilities. All of our physical, electronic, and procedural safeguards are designed to comply with applicable laws and regulations. Third parties may be located in other countries where the laws on processing of Personal Data may be less stringent than in your country. From time to time, the Personal Data may be also stored in other locations, and in such cases, SmartCryptex Trading Services Ltd will ensure that the Personal Data will be stored and processed with the reasonable level of care and security.

  9. Notification

    If SmartCryptex Trading Services Ltd becomes aware of security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. SmartCryptex Trading Services Ltd may post a notice on our website if the security breach occurs.

    When the personal data breach is likely to result in a high risk to the rights and freedoms of users, SmartCryptex Trading Services Ltd will inform you.

    In the event that SmartCryptex Trading Services Ltd is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our Users as part of such merger, acquisition, sale, or other change of control. If we become involved in a merger, acquisition, or any form of sale of some or all of its assets, we will notify Users before personal information is transferred and becomes subject to a different privacy policy. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how Your personal information is treated, transferred, or used.

  10. Changes to our privacy policy

    We may revise this Privacy Policy from time to time. The most current version of the policy will govern our processing of your personal data and will always be at https://smartcryptex.com. If we make a change to this policy that, in our sole discretion, is material, we will notify you via an email to the email address associated with your account. If required by law, we will get your permission or give you the opportunity to opt out of any new uses of your Personal Information.

  11. Contact us

    For the purpose of the Data Protection Act 2004, the data controller is SmartCryptex Trading Services Ltd of Suite 1, Second floor, Sound & Vision house, Francis Rachel Str., Victoria, Mahe, Seychelles

    If You have any questions about this Privacy Policy, please feel free to contact us or to write to us at e-mail: info@smartcryptex.com

RISK DISCLOSURE STATEMENT

TRADING AND FINANCING TRADES IN CRYPTOCURRENCY ENTAILS CERTAIN RISKS. THIS RISK DISCLOSURE STATEMENT CANNOT AND DOES NOT DISCLOSE ALL RISKS AND OTHER ASPECTS INVOLVED IN HOLDING, TRADING, OR ENGAGING IN FINANCING OR FINANCED TRANSACTIONS IN CRYPTOCURRENCY. BEFORE TAKING A LEVERAGED POSITION, YOU SHOULD ENSURE THAT YOU UNDERSTAND THE RISKS INVOLVED AND CONSIDER YOUR LEVEL OF EXPERIENCE AND ALL THE POTENTIAL RISKS. YOU SHOULD CAREFULLY CONSIDER SmartCryptex TRADING SERVICES LTD. TERMS AND CONDITIONS AND, TO THE EXTENT NECESSARY, CONSULT AN APPROPRIATE LAWYER, ACCOUNTANT, OR TAX PROFESSIONAL. RISKS INCLUDE, BUT ARE NOT LIMITED TO, THE FOLLOWING

  1. Market Risk:

    The market for cryptocurrency is still new and uncertain. No-one should have funds invested in cryptocurrency or speculate in cryptocurrency that she is not prepared to lose entirely. Whether the market for one or more cryptocurrency will move up or down, or whether a particular cryptocurrency will lose all or substantially all of its value, is unknown. This applies both to traders that are going long and to traders that are shorting the market. Participants should be cautious about holding cryptocurrency.

  2. Liquidity and Listing Risk:

    Markets for cryptocurrency have varying degrees of liquidity. Some are quite liquid while others may be thinner. Thin markets can amplify volatility. There is never a guarantee that there will be an active market for one to sell, buy, or trade cryptocurrency or products derived from or ancillary to them. Furthermore, any market for cryptocurrency may abruptly appear and vanish. SmartCryptex Trading Services Ltd. makes no representations or warranties about whether a cryptocurrency that may be traded on the https://smartcryptex.com any point in the future, if at all. Any cryptocurrency is subject to delisting without notice or consent.

  3. Legal Risk:

    The legal status of certain cryptocurrency may be uncertain. This can mean that the legality of holding or trading them is not always clear. Whether and how one or more cryptocurrency constitute property, or assets, or rights of any kind may also seem unclear. Participants are responsible for knowing and understanding how cryptocurrency will be addressed, regulated, and taxed under applicable law. There is a risk that in some jurisdictions cryptocurrency might be considered to be a security, or that it might be considered to be a security in the future. SmartCryptex Trading Services Ltd. does not give warranties or guarantees that any cryptocurrency are not a security in all jurisdictions. Your is bound to check if acquisition and disposal of cryptocurrency is legal in his jurisdiction, You undertakes not to use cryptocurrency should their use not be legal in the relevant jurisdiction. If You establish that the use of cryptocurrency is not legal in Your jurisdiction, You should not use cryptocurrencies, not acquire them and should immediately stop using or possessing them if such case arises.

  4. Exchange Risk:

    Having cryptocurrency on deposit or with any third party in a custodial relationship has attendant risks. These risks include security breaches, risk of contractual breach, and risk of loss. Participants should be wary of allowing third parties to hold their property for any reason.

    You acknowledge that SmartCryptex Trading Services Ltd. is not responsible for any losses or damages of any kind arising either directly or indirectly from a withdrawal of funds from your account by a third party due to the loss of credentials

    You acknowledge that SmartCryptex Trading Services Ltd. is not responsible for any losses or damages of any kind arising either directly or indirectly from the sending of cryptocurrency to the wrong wallet address during the withdrawal of funds from their SmartCryptex Trading Services Ltd. account

    You acknowledge that any cryptocurrency may be lost if sent to the wrong address (for example but without limitation, if the address is improperly formatted, contains errors, or is intended to be used for a different type of cryptocurrency). You accept that SmartCryptex Trading Services Ltd. is not responsible for any losses or damages whatsoever arising directly or indirectly due to any such error.

  5. Trading Risk:

    In addition to liquidity risks, values in any digital token marketplace are volatile and can shift quickly. Participants in any cryptocurrency market are warned that they should pay close attention to their position and holdings, and how they may be impacted by sudden and adverse shifts in trading and other market activities.

  6. Risks Associated with Financing Activities:

    When you finance a purchase or sale of cryptocurrency on a peer-to-peer basis, you run the risk of losing your provided financing. Similarly, when you accept financing to enter a trading agreement, you accept the risk of not being able to repay that financing (e.g., if the market price of the cryptocurrency you purchased with the financing falls). Participants should know all of the terms of any contracts they enter and how their trading strategies and other market and risk factors can affect their financing obligations.

    You acknowledge that any cryptocurrency may be cancelled, lost or double spent, or otherwise lose all or most of their value, due to forks, rollbacks, Attacks, changes to cryptocurrency Properties or failure of the cryptocurrency to operate as intended. You accept that SmartCryptex Trading Services Ltd. is not responsible for any losses or damages whatsoever arising directly or indirectly due to the occurrence of any such event.

    You accept and acknowledge that SmartCryptex Trading Services Ltd. shall have, and maintains, the right to refuse orders to establish new or larger positions or to buy or sell Instruments.

    You accept and acknowledge that SmartCryptex Trading Services Ltd. shall have the right to reduce the size of your open positions. SmartCryptex Trading Services Ltd. will inform you as soon as practicable regarding such reduction and the reason hereof.

  7. Risk of theft and hacking:

    Hackers or other groups or organizations may attempt to interfere with the Website or the availability of cryptocurrency in any number of ways, including without limitation denial of service attacks, Sybil attacks, spoofing, smurfing, malware attacks, or consensus-based attacks. You hereby agree that SmartCryptex Trading Services Ltd. shall have no liability for any such loss Your incur.

  8. Risk of security weaknesses in the Website and/or cryptocurrency source code or any associated software and/or infrastructure:

    There is a risk that the Website and cryptocurrency may unintentionally include weaknesses or bugs in the source code interfering with the use of or causing the loss of cryptocurrency.

  9. Risk of weaknesses or exploitable breakthroughs in the field of cryptography:

    Advances in cryptography, or technical advances such as the development of quantum computers, could present risks to cryptocurrencies which could result in the theft or loss of cryptocurrency.

  10. Internet transmission risks:

    You acknowledge that there are risks associated with using the cryptocurrency including, but not limited to, the failure of hardware, software, and Internet connections. You acknowledge that SmartCryptex Trading Services Ltd. shall not be responsible for any communication failures, disruptions, errors, distortions or delays You may experience when using the Website and cryptocurrency, howsoever caused.

    You acknowledge that you may be prevented from sending a transaction request, or a transaction request or email may not be received by SmartCryptex Trading Services Ltd. or the Services, due to hardware, software or services issues (including, without limitation, Internet and other network connectivity issues). You accept that SmartCryptex Trading Services Ltd. is not responsible for any loss or damage whatsoever arising directly or indirectly due to any such issues.

  11. Banking risks:

    You acknowledge that SmartCryptex Trading Services Ltd. cannot be held liable for the number of days passing between the transfer of fiat funds from your account on SmartCryptex Trading Services Ltd. until the time that the transferred funds are booked on the account with the receiving bank.

    You acknowledge that subject to a transfer instruction being complete and correct, incoming transfers of fiat funds will only be booked on your account and be at your disposal once SmartCryptex Trading Services Ltd. has received the funds

    You acknowledge that SmartCryptex Trading Services Ltd. cannot be held liable for the number of days passing between the transfer of fiat funds by the sending bank until the time that the transferred funds are received by DEFITRADE STATION Trading Services Ltd. and booked on your account.

  12. Taxation:

    You bear the sole responsibility to determine if the purchase of cryptocurrency or the potential appreciation or depreciation in the value of cryptocurrency over time has tax implications for You in Your home jurisdiction. By purchasing cryptocurrency and to the extent permitted by law, You agree not to hold any of SmartCryptex Trading Services Ltd., its affiliates, shareholders, directors or advisors liable for any tax liability associated with or arising from the purchase of cryptocurrency.

    You are solely responsible for withholding, collecting, reporting, paying, and/or remitting any and all taxes to the appropriate tax authorities in such jurisdiction(s) in which You may be liable to pay tax. SmartCryptex Trading Services Ltd. shall not be responsible for withholding, collecting, reporting, paying, and/or remitting any taxes (including, but not limited to, any income, capital gains, sales, value added or similar tax) which may arise from Yours acquisition of cryptocurrency.

  13. Risk associated with the activity of the Market Maker:

    You acknowledge that SmartCryptex Trading Services Ltd. may act as a Market Maker in certain assets.

    You acknowledge that SmartCryptex Trading Services Ltd., when acting as a Market Maker, may quote you bid and ask prices. Notwithstanding this, you accept that Company name has no obligation to quote prices to you at any time in any given market, nor an obligation to quote prices with a specific maximum spread to you.

    You accept that SmartCryptex Trading Services Ltd., as Market Maker, may hold positions that are opposite to your positions, resulting in potential conflicts of interest between SmartCryptex Trading Services Ltd. and You.

  14. Leverage risks:

    Please trade with caution when you use leverage in trading or investing. If You do not use leverage properly it can have extreme effects on Your accounts. You can lose a huge amount of money if a trade works against You. Trading and dealing with cryptocurrency high leverage is a high level risk.

    It can be very risky for the beginners to use high leverage because You generally do not have enough experience in trading high leverage. You should not trade with it until You get a clear idea how it works.

  15. Unanticipated risks:

    Cryptocurrencies and blockchains are new and untested technology. In addition to the risks set forth here, there are risks that SmartCryptex Trading Services Ltd. cannot foresee and it is unreasonable to believe that such risks could have been foreseeable. Risks may further materialize as unanticipated.