This FINETIX User Agreement (the "Agreement") constitute a legally binding agreement between you (referred to as "you", "User" or "your", "User's") and FINETIX, a company with its registered name as FINETIX LIMITED S.R.L., registered address at Bucuresti Sectorul 1, Strada BUZESTI, Nr. 75-77, Camera 7, Etaj 9, Romania, and registered number: 51736231, (“FINETIX”, “we,” “us,” “our,” “ours”).
This Agreement is comprised of these terms and all documents, schedules, policies, and additional terms expressly incorporated herein by reference, including but not limited to our Privacy Policy, Cookie Policy, and any other and any other agreements, terms, conditions, guidelines, rules, or written instructions, as published by FINETIX on its website, Apps, APIs, or developer tools or other Services and amendments and changes thereto, from time to time (collectively, the "Legal Document"). The Legal Document governs your use of our Services (as defined below), software, products, tools, and content. The use of certain Additional Services may require you to agree to supplementary terms and conditions.
It is your sole responsibility ensure that the computer used for the trade and liquidity of Digital Assets is secure. Due to web page display and safety considerations, it is strongly recommended that Users utilize the latest version of browser or application to login to FINETIX. Users shall bear the responsibility themselves for the losses or damages suffered as a result thereof.
By creating an account with us, accessing, or using our Services, you explicitly represent and warrant that you have read, understood, and irrevocably agreed to be bound by all the terms and conditions of the Legal Document. If you do not agree with any part of the Legal Document, you are prohibited from registering an account or using our Services. Our acceptance of your agreement does not guarantee that you will be permitted to create an account or use our Services.
We reserve the unilateral right to amend the Legal Document at any time, for any reason, and without prior notice. All changes shall become effective immediately upon being posted on the Site. Your continued use of the Site, your account, or our Services following the posting of any changes constitutes your definitive acceptance of those amendments. If you do not agree with the changes, you must immediately cease all use of the Site, your account, and our Services.
You acknowledge and accept the inherent risks of transmitting information over the internet. We do not guarantee the security of any data transmitted to or from the Site, nor do we warrant that data transmission will be free from delays, interruptions, or interception. You assume the entire risk that information sent or received through the Site may be accessed by unauthorized third parties and that online transactions may experience interruptions, transmission failures, or inaccurate transmissions due to the public nature of the internet. Notwithstanding any security measures we implement, we shall not be liable for any Loss or expense resulting from such delays, interruptions, or interceptions.
All materials, information, opinions, or estimates provided on the Site are for informational purposes only and are subject to change without notice. You bear sole responsibility for evaluating the relevance, timeliness, accuracy, completeness, and reliability of all information provided on the Site.
Your use of our Services and Site exposes you to significant risks. Our Services primarily involve products and services related to Digital Assets, which are highly speculative and may not be suitable for all users. The buying, selling, trading, or holding of Digital Assets involves substantial risk, and you may lose your entire investment.
You are required to review the Risk Disclosure Statement for a comprehensive overview of the risks associated with Digital Asset transactions through our Services. You must carefully assess your financial situation and risk tolerance before engaging in any Digital Asset transactions.
By accepting the Legal Document and using our Services, you explicitly acknowledge, accept, and assume all risks involved, including but not limited to those outlined in the Risk Disclosure Statement, which is incorporated into these Terms by reference.
The following capitalized terms shall have the meanings set forth below:
(a) Account: As defined in Section 8.
(b) Applicable Law: Any law, regulation, rule, order, or guideline (including those of any Regulatory Authority) applicable to a party's rights or obligations under the Legal Document in any relevant jurisdiction, including but not limited to laws concerning anti-money laundering, anti-bribery, anti-terrorist financing, sanctions, data privacy, and consumer protection.
(c) Digital Asset: Any digital representation of value, such as cryptocurrency, token, or virtual commodity, that is not recognized as legal tender.
(d) Digital Asset Address: An alphanumeric identifier representing a destination or source for transferring Digital Assets.
(e) Digital Asset Transaction: Any purchase or sale of Digital Assets through our Services, including crypto-fiat and fiat-crypto transactions.
(f) Encumbrance: Any form of legal claim, charge, lien, or third-party right that affects ownership.
(g) Event of Default: As defined in Section 17.
(h) Gas Fees: As defined in Section 11(d).
(i) Indemnified Party: As defined in Section 18.
(j) Fiat Currency: Any government-issued legal tender approved by FINETIX.
(k) Instruction: Any directive given to us regarding a Digital Asset Transaction or other actions related to the Services.
(l) Intellectual Property Rights (IPR): All rights related to inventions, copyrights, trademarks, domain names, designs, and other intellectual property, whether registered ornot.
(m) Loss: Any liability, damage, fine, penalty, fee, cost, or expeense (including legal and professional fees).
(n) Non-Cooperative Jurisdiction: Any country or territory identified as non-cooperative with international anti-money laundering standards by organizations like the Financial ActionTask Force (FATF).
(o) Regulatory Authority: Any governmental or regulatory bordy, agency, or law enforcement department with jurisdiction.
(p) Sanctions: Any economic sanctions, embargoes, or restricctive measures imposed by governments or international organizations, including the United States, the Urhited Nations, the European Union, the United Kingdom, or Romania.
(q) Service: As defined in Section 6.
(r) Fee: As defined in Section 11.
(s) Site: As defined in Section 1.
(t) Taxes: As defined in Section 11(c).
FINETIX provides a platform for you to buy Digital Assets using approved Fiat Currencies or sell Digital Assets for supported Fiat Currencies through our partnered payment institutions on the Site (the "Core Services"). We may also offer other services from time to time ("Additional Services"). The Core Services and Additional Services are collectively referred to as the "Services."
For the avoidance of doubt, FINETIX does not and shall not hold or control any of your funds, including Digital Assets or Fiat Currencies, at any point during any Digital Asset Transaction. We do not provide custodial or wallet services. If wallet services are available on our Site, they are provided by third-party providers. We act as the principal in each Digital Asset Transaction you conduct with us. To use our Services, you must maintain a fully functional Digital Asset Wallet that you own and a personal account with a financial institution for your Fiat Currencies.
6.1 Digital Asset Purchase You may purchase supported Digital Assets from us. The price, quantity, and amount of Fiat Currency will be confirmed at the time you place your order. However, our acceptance of your order is not a guarantee that you will receive the specified number of Digital Assets. The purchase is contingent upon our receipt of the funds from your linked bank card, along with any applicable fees. Once our partnered payment institutions receive your Fiat Currency, the corresponding Digital Assets will be transferred to the Digital Asset Wallet you provided, which is hosted by third-party service providers. These providers supply the liquidity to complete your purchase.
You agree that we are not liable for any Losses related to your use of services offered by these third-party providers.
We will use commercially reasonable efforts to complete all Digital Asset purchases. However, there may be circumstances beyond our control that prevent us from doing so. In such cases, we will notify you, and you may be required to obtain a new quote. We shall not be liable for any Losses related to our inability to complete any part or all of your purchases.
Card payments for Digital Asset purchases are typically processed within 24 hours. However, we are not responsible for any Losses caused by delays, failures, disruptions, or cancellations due to unforeseen circumstances beyond our control.
6.2 Digital Asset Sale You may sell supported Digital Assets to us. The price, quantity of Digital Assets, and amount of Fiat Currency will be confirmed when you place your order. Our acceptance of your order does not guarantee that you will receive the corresponding amount of Fiat Currency. The sale is dependent on our successful receipt of the Digital Assets from you. Once we receive your Digital Assets, the equivalent Fiat Currency will be credited to your specified account by our partnered payment institutions.
You acknowledge and agree that while we will use commercially reasonable efforts to complete all sales of Digital Assets, we are not liable for any Losses that may arise from our inability to complete any part or all of your sale.
6.3 Authorization, Reversal, and Cancellation You agree that any Instructions given through your FINETIX Account are considered authorized by you, and you are solely responsible for all Losses resulting from such Instructions.
You authorize us to proceed with purchases and sales at the quoted prices. You also authorize us and our partnered payment institutions to debit your account for the total purchase price and to receive the total sale price and associated fees.
Once an order is submitted for execution, it cannot be canceled, reversed, or modified. You are responsible for ensuring you have sufficient funds or credit to complete the payment; otherwise, the transaction may be partially fulfilled or canceled.
FINETIX only buys and sells Digital Assets supported and listed on our Site, and this list may change without prior notice. We are not liable for delays or operational issues caused by system failures, account blocks, fund freezes, or service denials. We do not warrant that the Site or Services will be uninterrupted, secure, or error-free, nor that the Site will meet your expectations or be free from malicious code.
The Services are intended for individual users only, and we do not provide financial or investment advice. Information on the Site should not be considered an offer, solicitation, or recommendation for any transaction.
By creating a FINETIX Account and using our Services, you represent and warrant that:
(a) You are at least 18 years old and legally eligible to use our Services under the laws of your jurisdiction. (b) You have the legal capacity and authority to agree to these Terms. (c) You do not have another FINETIX Account. (d) You have not been previously suspended, banned, or had an account closed for using our Services. (e) You are not acting on behalf of any third party subject to Sanctions. (f) The bank account used for deposits/withdrawals is registered in your name and will remain so. (g) The use of our Services and Digital Asset transactions is not illegal in your jurisdiction. (h) You are not located in, or a citizen or resident of, a country outside of our risk tolerance.
You may only use our Services to the extent permitted by Applicable Law. We are not responsible for verifying the legality of your use, and we shall not be liable for any violations of such laws by you.
If you no longer meet our eligibility criteria, you must notify us immediately, and we may suspend or close your account. We reserve the right to refuse to offer you any or all of our Services if you fail to meet our customer due diligence requirements or if we deem you high-risk, at our sole discretion. Our eligibility criteria may be updated at any time.
You must register for a FINETIX Account to access and use our Services. Before an account can be established, you must successfully complete our identity verification and customer due diligence processes as required by anti-money laundering and counter-terrorism financing laws.
You are solely responsible for all activities associated with your account, including ensuring that anyone who accesses or uses it complies with our terms. You irrevocably authorize FINETIX to accept and act on any instructions, orders, or actions made through your account.
You may not register or maintain more than one FINETIX Account. Your FINETIX Account is personal and non-transferable.
You are fully responsible for protecting your account credentials. We shall not be liable for any unauthorized use of your account. If your credentials are lost or compromised, you must contact us immediately. We may require you to verify your identity before restoring access.
You are responsible for the security of your electronic devices and for taking all reasonable measures to prevent their loss, theft, or misuse. We are not responsible for any damages caused by malicious software, phishing, or other cyberattacks.
If you suspect unauthorized access to your account, you must notify us immediately and You agree to cooperate fully with our investigation.
You authorize us to conduct any necessary inquiries, directly or through third parties, to verify your identity or protect against financial crimes. You acknowledge that your Personal Information may be shared with third-party agencies for these checks. We may impose waiting periods or transaction limits based on our findings.
The Users understand and agree that it is the sole responsibility of the Users to maintain the confidentiality of your FINETIX account and password and are responsible for all activities conducted by your FINETIX account (including, but not limited to, disclosure of information, release of information, online clicking for consent or submission of various rule agreements, online renewal of agreements or purchase service, etc.). You assume full responsibility for all actions and statements made using the Users’ accounts and passwords and agree to the following:
(a) Users should create passwords in accordance with relevant rules of FINETIX and relevant prompts of FINETIX (passwords include but are not limited to login passwords, fund passwords, mobile phone numbers bound when registering accounts, mobile phone verification codes received via mobile phones, Google verification, inter alia. Specific forms thereof may change; the same hereinafter. They should avoid choosing overly obvious words or dates as their passwords, such as Users' names, nicknames, birthdays, inter alia.
(b) The Users shall not disclose their accounts or passwords to any other person, nor shall they use the accounts or passwords of any other person. If the account of a User is illegally used by any other person due to factors not attributable to FINETIX, e.g, hacking, virus or negligence on the part of the User, FINETIX will not assume any responsibility whatsoever;
(c) the Users are prohibited from giving, lending, renting out, transferring or otherwise disposing of FINETIX account to any third party without the consent of FINETIX;
(d) FINETIX recognizes the Users’ instructions through the Users’ accounts and passwords. The Users hereby confirm that all their conduct on FINETIX after they log into FINETIX using their accounts and passwords shall represent the Users themselves. The electronic information records generated by the operation of the Users’ accounts are all valid evidence of the Users’ conduct, and the Users shall bear any and all the responsibilities arising therefrom.
(e) The Users shall adopt appropriate measures to ensure the security of their accounts and passwords after FINETIX notifies the Users of foreseeable security risk.
(f) Where any person uses the account and password of a User without due authorization, FINETIX and the legally authorized subject reserve the right to hold the actual User jointly and severally liable.
(g) If a User discovers that a third person fraudulently uses or embezzles the User's account and password, or such third person’s use of the User’s account involves any absence of requisite and due authorization, the User shall promptly notify FINETIX in an effective manner and request FINETIX to suspend relevant services; otherwise all the responsibilities arising from such use shall be borne solely by the User. Furthermore, the User understands that FINETIX needs a reasonable period of time to take action on the User's request; FINETIX shall not be held liable for any loss that may arise in connection with such third person’s use of the services before FINETIX takes action.
(h) Where FINETIX deems on its unilateral and independent judgement that any event which undermines the security of trading has or may arise, FINETIX shall have the right to suspend, interrupt or terminate all or part of the Services provided to a User under this Agreement, remove or delete registration information of such a User, seize illicit profits that the User may gain, without notifying such User and without assuming any responsibility to such User or any third party. The aforementioned events include:
(i) FINETIX believes that the information provided by the User is not authentic, valid or complete, e.g, where the User registers with FINETIX on the basis of identity information of any other person that the User uses without due authorization, or the information provided by the User for verification is inconsistent with relevant facts;
(j) FINETIX uncovers any abnormal transaction by the User or any transaction by the User is suspicious or may be illegal;
(k) FINETIX believes that the User’s account is suspected of being involved in money laundering, cash-out, pyramid selling, fraudulent use or other situations that FINETIX believes are risky or unlawful;
(l) FINETIX discovers that the User uses any illegal or improper technical means to engage in any activity that endangers the security of trading or affects fair trading, including tampering with transaction data, stealing customer information, stealing transaction data, attacking other registered accounts through FINETIX, inter alia;
(m) FINETIX believes that the User has violated any of the rules under this Agreement or the spirit thereof;
(n) FINETIX believes that the User may have participated in, or currently participates in, pump and dump schemes, wash trading, self-trading, front running, quote stuffing, spoofing, layering, or other types of market manipulative behaviours;
(o) any other circumstances under which the User breaches this Agreement;
(p) other circumstances under which FINETIX, based on its sole judgment, needs to suspend, interrupt or terminate all or part of the User services (including fee-based services) provided to Users under this Agreement and remove or delete the registration information on the ground of transaction security and other reasons.
(q) When a User decides to cease to use his/her/its User account, the User shall first pay off all outstanding payables (including service fees, inter alia), then withdraw all available digital assets (if any) from the User account that are eligible for withdrawal, apply to FINETIX for freezing the User account, and formally cancel the User account upon approval by FINETIX.
(r) The User agrees that if the identity verification procedure for his/her/its User account fails to be completed, FINETIX has the right to terminate the supply of User account services without prior notice to the User, and FINETIX may promptly suspend, close or delete the User account and all relevant materials and files in the User account.
(s) The User agrees that the suspension, interruption or termination of the User's account does not represent the termination of the User's responsibilities. The User shall still be liable for any possible breach of agreement or damages that may arise due to or in connection with such User’s conduct during the time when such User uses the services provided by FINETIX; furthermore, FINETIX may continue keeping relevant information of the User.
You are required to provide complete, accurate, and up-to-date information about yourself, including your identity, residential address, financial status, and source of funds (“Counterparty Information”), upon registration and at any time thereafter as requested by us or our third-party service providers.
You agree to provide this Counterparty Information:
(a) Upon registration of your FINETIX Account; (b) Before completing any Digital Asset Transactions; (c) Upon any suspicion of illegal activity; (d) During any compliance reviews; (e) Upon any material changes to your previously provided information; or (f) For any other reason we deem necessary.
You represent and warrant that all Counterparty Information provided will be true, complete, accurate, current, and not misleading, and that all documentation will be authentic. You must notify us of any material changes in writing at least five (5) business days in advance. If you fail to provide accurate information, we or our third-party providers reserve the right to demand corrections, remove the inaccurate information, or suspend your access to our Services.
You will be solely responsible for any Losses incurred if we are unable to contact you using the Counterparty Information you provided.
We and our partners may conduct further inquiries to verify your identity. If we believe that your information is incorrect or misleading, we may request updated, accurate information. Failure to comply may result in a delay in account registration or the suspension or closure of your existing account. We may also share your information with any Regulatory Authority as required by Applicable Law.
FINETIX generates revenue from a spread on the price of buying or selling Digital Assets (“Service Fee”). By using our Services, you agree to pay the applicable fees.
(a) You agree to pay the Service Fee as mutually agreed upon. (b) The quoted Service Fees for a Digital Asset Transaction will include all fees and spreads, and no extra charges will be applied unless explicitly stated. The final price, including all fees, will be shown before you submit the transaction. (c) The Service Fee does not include any taxes, levies, or other assessments. You are solely responsible for paying all taxes related to your Digital Asset Transaction. (d) You are responsible for any fees charged by third parties, such as your bank, or for Gas Fees incurred on the blockchain. You agree to reimburse us for any such fees we pay on your behalf. (e) We reserve the right to change our Service Fees and any applicable waivers at any time.
All purchases or sales of Digital Assets through our Services are final. No returns or refunds are supported, except as provided in these Terms. If we deliver any excess Digital Assets or Fiat Currencies to you, you agree to repay the excess amount, and we may deduct such amount from any funds owed to you.
You are strictly prohibited from using our Services for any illegal, malicious, or improper activities, including but not limited to:
(a) Engaging in activities related to human trafficking, money laundering, terrorist financing, or weapons proliferation. (b) Facilitating the trade of illegal goods or services. (c) Promoting or sharing illegal content, such as child exploitation or content promoting violence. (d) Violating third-party Intellectual Property Rights. (e) Dealing in archaeological findings, drugs, weapons, or body parts. (f) Engaging in illegal gambling or Ponzi schemes. (g) Distributing media harmful to minors. (h) Exploiting endangered species. (i) Engaging in any other activities that violate public interests or the legitimate rights of others. (j) Interfering with or disrupting our Services through hacking, data mining, or similar methods.
Any use of our Services for these prohibited activities constitutes a material breach of this Agreement.
Where an error occurs due to a system failure or any other reason in a purchase or sale order, we reserve the right to correct the error and revise the transaction accordingly, or to cancel the transaction and refund any funds received. We shall not be liable for any Losses incurred as a result of such error or correction.
We reserve the right, at our sole discretion and without prior notice, to suspend, restrict, or terminate your access to our Services and/or deactivate your FINETIX Account immediately for any of the following reasons:
(a) We believe it is necessary to protect our reputation. (b) We believe you have violated any Applicable Law. (c) You have breached any terms of this Agreement. (d) You have engaged in market misconduct or improper behavior. (e) You are no longer suitable or eligible to use our Services. (f) We suspect an Event of Default has occurred. (g) We are required to do so by a Regulatory Authority. (h) We have concerns about erroneous transactions or account security. (i) We suspect fraudulent or unauthorized use. (j) Your account is involved in litigation or investigation. (k) We believe providing you services could harm our business. (l) Any other reason stated in this Agreement or required by law.
Upon account closure, your agreement with FINETIX will be terminated. Pending transactions will be canceled. We are not liable for any Losses you may suffer as a result of such closure. We will attempt to notify you of the closure and the reasons, unless prohibited by law.
We may cancel, suspend, or terminate a Digital Asset Transaction at any time, at our sole discretion, and without prior notice to you, before it is executed under the following conditions:
(a) We believe your use of our Services violates any Applicable Law. (b) You have breached any Applicable Law. (c) You are no longer eligible to use our Services. (d) You have engaged in market misconduct. (e) You fail to make required payments or deliver Digital Assets. (f) We suspect an Encumbrance exists on the assets you are delivering. (g) We believe the transaction might violate Applicable Law. (h) We are required to terminate the transaction by a Regulatory Authority. (i) We deem it necessary to protect the security of our systems. (j) An Event of Default has occurred or is likely to occur. (k) Providing the Service to you could harm our business.
You acknowledge that we have no liability or responsibility for refusing to complete, canceling, terminating, or reversing a transaction, or for suspending access to the Services.
Each of the following events constitutes an "Event of Default":
(a) Any information or documentation you provide is incorrect, incomplete, or misleading. (b) You fail to comply with any provision of these Terms. (c) Your representations and warranties cease to be true. (d) We have reason to suspect that any Fiat Currency or Digital Assets you transact with are Encumbered, stolen, or linked to an illicit source.
You agree to defend, indemnify, and hold harmless FINETIX and our affiliates, and each of our employees, directors, agents, and representatives (each an "Indemnified Party") from and against any and all Losses incurred or suffered by such Indemnified Party, to the fullest extent permitted by law, arising out of or in connection with:
(a) The occurrence of an Event of Default. (b) Your breach of any representations and warranties in these Terms. (c) Your breach of any Applicable Law. (d) Any act or omission on your part (including negligence or fraud). (e) Your use of our Services.
19.1. FINETIX is responsible for providing FINETIX services to you according to the status quo and availability. FINETIX, however, makes no express or implied warranty with respect to the Services, including but not limited to the applicability, absence of error or omission, sustainability, accuracy, reliability, suitability for a particular purpose of the Services. At the same time, FINETIX makes no commitment or guarantee to the validity, accuracy, correctness, reliability, quality, stability, integrity and timeliness of the technology and information involved in the FINETIX service.
19.2. Notwithstanding the afore, FINETIX is responsible for reviewing the text of information released by the digital asset project owners, however it does not guarantee or assume any responsibility for the accuracy, completeness or legality of such information. The Users shall make decisions based on their independent judgment and shall engage their own advisors and/or conduct their own research. If Users conduct digital asset transactions based on such information, the risks arising therefrom shall be borne exclusively by the Users themselves, and the Users have no right to propose any legal claim to FINETIX on the basis of such risks. Any dispute between a User and the digital asset project owner arising from or related to transaction shall be settled by and between the parties to the dispute themselves, and the Platform shall not bear any transaction risk or legal liability whatsoever.
19.3. Disclaimer of warranties: to the maximum extent permitted under applicable law, FINETIX services, FINETIX materials and any product, service or other item provided by or on behalf of FINETIX are offered on an “as is” and “as available” basis, and FINETIX expressly disclaims, and you waive, any and all other warranties of any kind, whether express or implied, including, without limitation, 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, FINETIX does not represent or warrant that the site, FINETIX services or FINETIX materials are accurate, complete, reliable, current, error-free, or free of viruses or other harmful components. FINETIX does not guarantee that any order will be executed, accepted, recorded or remain open. except for the express statements, agreements and rules set forth in this agreement, you hereby acknowledge and agree that you have not relied upon any other statement or agreement, whether written or oral, with respect to your use and access of FINETIX services. without limiting the foregoing, you hereby understand and agree that FINETIX will not be liable for any losses or damages arising out of or relating to: (a) any inaccuracy, defect or omission of digital assets price data, (b) any error or delay in the transmission of such data, (c) interruption in any such data, (d) regular or unscheduled maintenance carried out by FINETIX and service interruption and change resulting from such maintenance, (e) any damages incurred by other users’ actions, omissions or violation of this agreement, (f) any damage caused by illegal actions of other third parties or actions without authorized by FINETIX; and (g) other exemptions mentioned in disclaimers and platform rules issued by FINETIX. the disclaimer of implied warranties contained herein may not apply if and to the extent it is prohibited by applicable law of the jurisdiction in which you reside.
19.4. Disclaimer of damages and limitation of liability: to the maximum extent permitted by applicable law, in no event will FINETIX and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors be liable for any incidental, indirect, special, punitive, consequential or similar damages or liabilities whatsoever (including, without limitation, damages for loss of data, information, revenue, profits or other businesses or financial benefits) arising out of FINETIX services, any performance or non-performance of FINETIX services, or any other product, service or other item provided by or on behalf of FINETIX and its affiliates, whether under contract, statute, strict liability or other theory even if FINETIX has been advised of the possibility of such damages except to the extent of a final judicial determination that such damages were a result of FINETIX’s gross negligence, fraud, willful misconduct or intentional violation of law. some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
19.5. Notwithstanding the foregoing, in no event will the liability of FINETIX, its affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors arising out of services offered by or on behalf of FINETIX and its affiliates, any performance or non-performance of FINETIX services, or any other product, service or other item, whether under contract, statute, strict liability or other theory, exceed the amount of the transaction fees paid by you to FINETIX under this agreement in the three-month period immediately preceding the event giving rise to the claim for liability.
19.6. You agree to indemnify and hold harmless FINETIX, their 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, FINETIX Services, (ii) your breach or our enforcement of this Agreement, or (iii) your violation of any applicable law, regulation, or rights of any third party during your use of FINETIX Services. If you are obligated to indemnify FINETIX,, contractors, licensors, and their respective directors, officers, employees or agents pursuant to this Agreement, FINETIX will have the right, in its sole discretion, to control any action or proceeding and to determine whether FINETIX wishes to settle, and if so, on what terms.
20.1. You agree that FINETIX shall be entitled in its sole and absolute discretion, without prior notice, to suspend, terminate the provision of part or all of the FINETIX services to you for any reason, as well as suspend or permanently freeze (cancel) your account in FINETIX, and shall not be liable to you or any third party for so doing, however, FINETIX has the right to retain the trade data, history and other information relating to the account, as well as the application and use of such information. In the event of the following circumstances, FINETIX has the right to terminate this Agreement directly by canceling the account, and has the right to permanently freeze (cancel) your account’s authority on FINETIX:
(a) After FINETIX terminates the services provided to you, and you are suspected of re-registering as a user of FINETIX, directly or indirectly or in the name of others;
(b) The email address that you have provided does not exist or cannot receive emails, and there is no other way to contact you, or FINETIX has notified you to change your email information via another contact method, and you still have not changed to a valid email address within three working days after the notice from FINETIX;
(c) The main contents of the user information that you have provided are not true or inaccurate or incomplete;
(d) When the Agreement (including the rules) has changed, you should expressly inform FINETIX that you are not willing to accept the new service agreement; and
(e) Other circumstances in which FINETIX believes that the service should be terminated. Upon the termination of your account services or the permanent freezing (cancellation) of your account on FINETIX, FINETIX shall have no obligation to retain or disclose to you any information in your account, or to forward to you or a third party any information you have not read or sent or forwarded to.
20.2. You agree that FINETIX shall have the right to immediately suspend your FINETIX Account (and any accounts beneficially owned by related entities or affiliates), freeze or lock assets or funds in all such accounts, and suspend your access to FINETIX for any reason including if FINETIX suspects any such accounts to be in violation of this Agreement, the Legal Documents, or any applicable laws and regulations. You agree that FINETIX shall not be liable to you for any permanent or temporary modification of your FINETIX Account, or suspension or termination of your access to all or any portion of FINETIX Services. FINETIX shall reserve the right to keep and use the transaction data or other information related to such FINETIX Accounts. The above account controls may also be applied in the following cases:
(a) The FINETIX Account is subject to a governmental proceeding, criminal investigation or other pending litigation;
(b) We detect unusual activities in the FINETIX Account;
(c) We detect unauthorized access to the FINETIX Account;
(d) We are required to do so by a court order or command by a regulatory/government authority.
20.3. In case of any of the following events, FINETIX shall have the right to directly terminate this Agreement by cancelling your FINETIX Account, and shall enjoy the right but not the obligation to permanently freeze (cancel) the authorizations of your FINETIX Account on FINETIX and withdraw the corresponding FINETIX Account thereof:
(a) after FINETIX terminates services to you;
(b) you allegedly register or register in any other person’s name as an FINETIX User again, directly or indirectly;
(c) the information that you have provided is untruthful, inaccurate, outdated or incomplete;
(d) when this Agreement are amended, you state your unwillingness to accept the amended Terms by applying for cancellation of your FINETIX Account or by other means
(e) you request that FINETIX Services be terminated; and
(f) any other circumstances where FINETIX deems it should terminate FINETIX Services.
20.4. If FINETIX is informed that any assets or funds held in your FINETIX Account are stolen or otherwise are not lawfully possessed by you, FINETIX may, but has no obligation to, place an administrative hold on the affected funds and your FINETIX Account. If FINETIX does lay down an administrative hold on some or all of your funds or FINETIX Account, FINETIX may continue such hold until such time as the dispute has been resolved and evidence of the resolution acceptable to FINETIX has been provided to FINETIX in a form acceptable to FINETIX. FINETIX will not involve itself in any such dispute or the resolution of the dispute. You agree that FINETIX will have no liability or responsibility for any such hold, or for your inability to withdraw Digital Assets or funds or execute trades during the period of any such hold.
20.5. Except as set forth in this Agreement, once an FINETIX Account is closed/withdrawn, all remaining account balance (which includes charges and liabilities owed to FINETIX) will be payable immediately to FINETIX. Upon payment of all outstanding charges to FINETIX (if any), Users may, upon determination by FINETIX as to the User's eligibility, withdraw all Digital Assets or funds from the account.
20.6. FINETIX maintains full custody of the assets, funds and User data/information which may be turned over to governmental authorities in the event of FINETIX Accounts’ suspension/closure arising from fraud investigations, investigations of violation of law or violation of this Agreement.
20.7. Notwithstanding any provision of this Agreement, FINETIX may provide a written notice requiring you to close all of your open positions and withdraw all of your assets from your FINETIX Account within a limited period of time as determined by FINETIX. In the event that you fail to do so, FINETIX may, in its absolute discretion and without prior notice to you:
(a) deem your FINETIX account as a dormant account;
(b) close any open positions in any FINETIX products;
(c) convert the Digital Assets to a different type of Digital Asset (e.g., from BTC to USDT).
(d) close a dormant account at any time, and FINETIX will not be liable for any loss, damage or expense incurred by you as a result of the closure of a dormant account unless there was fraud or willful default by FINETIX.
20.8. In addition to the foregoing, you understand and agree that:
(a) If you have committed any illegal acts or violations of this Agreement during the period of using the provided Service, FINETIX may still assert rights against you in accordance with this Agreement.
(b) When FINETIX suspends or terminates the provision of services to you, FINETIX will handle your trading data recorded before service suspension or termination under the following principles. You shall handle or bear any disputes, losses or expenses incurred by yourself, and shall ensure that FINETIX is exempted from any losses or any expenses.
(c) Where you have entered into a purchase contract with other members before the suspension or termination of the Service but the contract has not been actually performed, FINETIX shall have the right to delete relevant information of such a purchase contract and the trading of digital assets thereof.
(d) Upon the termination of your account services or the permanent freezing (cancellation) of your account on FINETIX, FINETIX shall have no obligation to retain or disclose to you any information in your account, or to forward to you or a third party any information you have not read or sent or forwarded to; and
(e) If you have entered into a purchase contract with any other member before the suspension or termination of services and such contract has been partially performed, FINETIX may not delete the trade; provided that FINETIX may notify the counterparty of relevant circumstances at the time of suspension or termination of services.
21.1. All intellectual properties included in FINETIX, including, but not limited to, website logos, databases, website design, text and graphics, software, photos, videos, music, sounds and any combinations of the aforementioned files, and the intellectual property rights of software compilation, associated source code and software (including small applications and scripts) shall be owned by FINETIX. You may not copy, modify, copy, transmit or use any of the foregoing materials or content for commercial purposes.
21.2. Upon accepting this Agreement, it shall be deemed that you, on the basis of your own free will, have transferred and assigned exclusively and free of charge to FINETIX all copyright of any form of information that you have published on FINETIX, including, but not limited to copyrights, distribution rights, lease rights, exhibition rights, performance rights, projection rights, broadcasting rights, information network communication rights, production rights, adaptation rights, translation rights, compilation rights and other transferable rights that copyright owners are entitled to, and FINETIX shall have the right to sue for any infringement on such copyright and obtain full compensation for such infringement. This Agreement shall apply to any content that is published by you on FINETIX and is protected by copyright law, regardless of whether the content is generated before or after the signing of this Agreement.
21.3. You shall not illegally use or dispose of the intellectual property rights of FINETIX or any other person during your use of the services offered by FINETIX. For any information that you publish on FINETIX, you may not publish or authorize other websites (or media) to use such information in any manner whatsoever.
21.4. You will not be deemed to have been transferred any intellectual property rights to you by FINETIX when you log in to FINETIX or use FINETIX's Service.
FINETIX is not your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you in connection with any trades or other decisions or activities effected by you using FINETIX Services. No communication or information provided to you by FINETIX is intended as, or shall be considered or construed as, investment advice, legal advice, tax advice, financial advice, trading advice, or any other sort of advice. Unless otherwise specified in this Agreement and Legal Documents, all trades are executed automatically, based on the parameters of your order instructions and in accordance with posted trade execution procedures, and you are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you according to your personal investment objectives, financial circumstances and risk tolerance, and you shall be solely responsible for any loss or liability therefrom. We recommend consultation with your financial, legal, and/or tax professionals regarding your specific situation. FINETIX does not recommend that any Digital Asset should be bought, earned, sold, or held by you, nor does FINETIX warrant any Services that are or should be available in any jurisdictions. Before making the decision to buy, sell or hold any Digital Asset, you should conduct your own due diligence and consult your financial advisors prior to making any investment decision. FINETIX will not be held responsible for the decisions you make to buy, sell, or hold Digital Assets based on the information provided by FINETIX.
23.1. Notice of Claim and Dispute Resolution Period. Please contact FINETIX before initiating any legal proceedings! FINETIX wants to address your concerns without resorting to formal legal proceedings, if possible. If you have a dispute with FINETIX, then you should contact FINETIX and a ticket number will be assigned. FINETIX will attempt to resolve your dispute internally as soon as possible. The parties agree to negotiate in good faith to resolve the dispute (which discussions shall remain confidential and be subject to applicable rules protecting settlement discussions from use as evidence in any legal proceeding).
23.2. In the event the dispute cannot be resolved satisfactorily, and you wish to assert a legal claim against FINETIX, then you agree to set forth the basis of such claim in writing in a “Notice of Claim,” as a form of prior notice to FINETIX. The Notice of Claim must:
(1) describe the nature and basis of the claim or dispute,
(2) set forth the specific relief sought,
(3) provide the original ticket number, and
(4) include your FINETIX account email.
23.3. The Notice of Claim should be submitted to an email address or hyperlink provided in your correspondence with FINETIX. After you have provided the Notice of Claim to FINETIX, the dispute referenced in the Notice of Claim may be submitted by either FINETIX or you to arbitration in accordance with this Agreement. For the avoidance of doubt, the submission of a dispute to FINETIX for resolution internally and the delivery of a Notice of Claim to FINETIX are prerequisites to commencement of an arbitration proceeding (or any other legal proceeding). During the arbitration, the amount of any settlement offer made by you or FINETIX shall not be disclosed to the arbitrator.
23.4. Governing Law. This Agreement and any non-contractual obligations arising out of or in connection with it shall be governed by and construed in accordance with the laws of Romania, without regard to its conflict of law principles.
23.5. Amicable Settlement. The Parties agree that any dispute, controversy, or claim arising out of or relating to this Agreement, including any question regarding its existence, validity, or termination, shall first be subject to good faith negotiation between senior management of both Parties. The Parties shall endeavor to resolve any such dispute amicably within a period of thirty (30) days from the date one Party notifies the other in writing of the existence of a dispute.
23.6. Binding Arbitration. If the Parties fail to reach an amicable settlement pursuant to Section 1.2, the dispute shall be exclusively and finally settled by arbitration. The arbitration shall be conducted in accordance with the Rules of Arbitration of the Court of International Commercial Arbitration of the Chamber of Commerce and Industry of Romania (the "Arbitration Court") by one or more arbitrators appointed in accordance with the said Rules.
23.7. Arbitration Conditions. (a) The seat of arbitration shall be Bucharest, Romania. (b) The language of the arbitration shall be English. (c) The arbitral award shall be final and binding upon the Parties, and the Parties hereby waive any right to appeal the award to any court of law, to the extent such a waiver is permissible under Romanian law. (d) The Parties agree that all aspects of the arbitration proceedings, including the award, shall be treated as strictly confidential and shall not be disclosed to any third party, except as required by law or for purposes of enforcement. (e) The Parties agree that all costs and fees of the arbitration shall be allocated by the arbitral tribunal in its final award. (f) The arbitral tribunal shall have the authority to grant injunctive relief and other interim measures.
23.8. Class Action Waiver. You and FINETIX agree that any claims relating to this Agreement or to your relationship with FINETIX as a user of FINETIX Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of this Agreement) shall be brought against the other party in an arbitration on an individual basis only and not as a plaintiff or class member in a purported class or representative action. You and FINETIX further agree to waive any right for such claims to be brought, heard, or arbitrated as a class, collective, representative, or private attorney general action, to the extent permissible by applicable law. Combining or consolidating individual arbitrations into a single arbitration is not permitted without the consent of all parties, including FINETIX.
24.1. FINETIX will employ reasonable measures to supervise trading activities carried out on the platform in order to detect and prevent suspicious trading activities. In the meantime, FINETIX shall have the right to take appropriate actions, as FINETIX may, in its absolute sole discretion, determine, to respond to any suspicious activities carried out by the Users, including:
(a) We may report suspicious trading activities to the regulating authorities to stay in compliance with applicable laws and regulations;
(b) We constantly set and adjust daily trading and cash withdrawal limits based on security requirements and actual state of trade;
(c) We may temporarily restrict trading activity(ies) and freeze any Account pending further investigations, in order to protect Assets of the User and FINETIX, and/or to comply with any ongoing judicial/regulatory investigations and/or requests;
(d) We constantly monitor your activities and trading behaviour. If trading occurs too frequently in an account registered by you, or is beyond circumstances reasonable to you, FINETIX will assess and determine whether such trades are suspicious.
24.2. If we identify a specific trade as suspicious on the basis of our assessment, we may adopt such restrictive measures as suspending trade or denying trade, and if it is possible, we may even reverse trade as soon as possible, and report to competent authorities, without, however, notifying you;
We reserve the right to reject registration applications by applicants that do not comply with the international standards against money laundering or who may be regarded as political and public figures; we reserve the right to suspend or terminate a trade identified as suspicious based on our own assessment, which, however, does not breach any of our obligations and duties to you.
26.1. Independent Parties. FINETIX is an independent contractor but not an agent of you in the performance of this Agreement. this Agreement shall not be interpreted as facts or evidence of an association, joint venture, partnership, or franchise between the parties.
26.2. Entire Agreement. this Agreement and all Legal Document constitute the entire agreement between the parties regarding use of FINETIX Services and will supersede all prior written or oral agreements between the parties. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter the terms herein.
26.3. Interpretation and Revision. FINETIX reserves the right to alter, revise, modify, and/or change this Agreement at any time. All changes will take effect immediately upon being published on FINETIX websites. It is your responsibility to regularly check relevant pages on our websites/applications to confirm the latest version of this Agreement. If you do not agree to any such modifications, your only remedy is to terminate your usage of FINETIX Services and cancel your account. You agree that, unless otherwise expressly provided in this Agreement, FINETIX will not be responsible for any modification or termination of FINETIX Services by you or any third party, or suspension or termination of your access to FINETIX Services.
26.4. Language & Translations: this Agreement may, at FINETIX’s sole and absolute discretion, be translated into a language other than the English language. You agree that any such translation shall only be for your convenience and the English text shall prevail in the event of any ambiguity, discrepancy or omission as between the English text and any translated text.
26.5. Force Majeure. FINETIX will not be liable for any delay or failure to perform as required by this Agreement because of any cause or condition beyond FINETIX’s reasonable control.
26.6. Severability. If any portion of this Agreement is held invalid or unenforceable, such invalidity or enforceability will not affect the other provisions of this Agreement, which will remain in full force and effect, and the invalid or unenforceable portion will be given effect to the greatest extent possible.
26.7. Assignment. You may not assign or transfer any right to use FINETIX Services or any of your rights or obligations under this Agreement without prior written consent from FINETIX, including any right or obligation related to the enforcement of laws or the change of control. FINETIX may assign or transfer any or all of its rights or obligations under this Agreement, in whole or in part, without notice or obtaining your consent or approval.
26.8. Waiver. The failure of one party to require performance of any provision will not affect that party’s right to require performance at any time thereafter. At the same time, the waiver of one party to seek recovery for the other party’s violation of this Agreement or any provision of applicable terms shall not constitute a waiver by that party of any subsequent breach or violation by the other party or of the provision itself.
26.9. Third-Party Website Disclaimer. Any links to third-party websites from FINETIX Services does not imply endorsement by FINETIX of any product, service, information or disclaimer presented therein, nor does FINETIX guarantee the accuracy of the information contained on them. If you suffer loss from using such third-party product and service, FINETIX will not be liable for such loss. In addition, since FINETIX has no control over the terms of use or privacy policies of third-party websites, you should read and understand those policies carefully.