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Terms of Use
The term "ATAIX" used here refers to the group of companies that includes DeFi Solutions LTD and EUROTOKEN OU, including but not limited to other related parties, unless otherwise provided herein. These Terms of Use, together with the incorporated materials, constitute the entire agreement and understanding with respect to the access or use of any or all of the Services, and any manner of accessing them via the Site or mobile application, between you and one of the following ATAIX parties:
a) DeFi Solutions LTD (First St. Vincent Bank, James Street, Kingstown, St. Vincent and the Grenadines, registration number: 1147LLC2021), unless you meet of the criteria in paragraph (b); or,
b) EUROTOKEN OU (Roosikrantsi tn 2-K468, Tallinn, 10119, Estonia, registration number: 14454785) if you make a deposit, withdrawal, or transfer of Funds to, from, or through a Financial Institution to facilitate the provision of any of the Services.
If the criteria set out in paragraph (b) above apply, then you are a “EUROTOKEN OU” User. Otherwise, you are a “DeFi Solutions LTD” User.
The company you are contracting with is your Data Controller, and is responsible for the collection, use, disclosure, retention and protection of your personal information in accordance with our privacy standards, this Privacy Notice, as well as any applicable national laws and regulations.
These Terms of Use contain important provisions, which the User must consider carefully when choosing whether to visit the Site and use the services, products and content of ATAIX. Please read these Terms of Use carefully before agreeing to them.
The following documents are incorporated into these Terms of Use by reference: the Risk Disclosure Statement; the Privacy Policy and the KYC & AML Policy. In the event of any inconsistency between these Terms of Use and any other pages, policies, terms, conditions, licenses, limitations, or obligations contained within or on the Site, these Terms of Use shall prevail.
The User is solely responsible for understanding and complying with any and all laws, rules and regulations of his/her specific jurisdiction that may be applicable to the User in connection with the use of any and all services, products and content of ATAIX.
IF THE USER DOES NOT ACCEPT THESE TERMS OF USE, THE USER SHALL NOT ACCESS THIS SITE AND SHALL NOT USE ANY OF ATAIX’S SERVICES, PRODUCTS AND CONTENT.
1. DEFINITIONS
Capitalized terms used in these Terms of Use shall be interpreted in accordance with the definitions provided below:
1.1. Platform: means an environment created by ATAIX that allows to trade Cryptocurrencies and GHS.
1.2. Account means, collectively, your person’s account on the Platform, cryptocurrency wallet, and other records, all as utilized by ATAIX from time to time to record the Person’s balances of Funds, other assets and usage of Services.
1.3. Funds: means Cryptocurrency, Fiat currency and/or GHS.
1.4. Base Currency: means the first symbol in the trading pair.
1.5. User: means the User who submits an Order to buy Cryptocurrencies through the Platform.
1.6. Commission: means a fee charged by or on behalf of any third party (e.g. bank, non-bank financial institution, payment service provider, etc).
1.7. Cryptocurrency: means peer-to-peer decentralized digital representation of value (e.g. bitcoins, ethers, etc.).
1.8. Deposit: means a Transaction involving transfer of Funds to the Account.
1.9. Fiat currency: means government-issued currency that is designated as legal tender in its country of issuance through government decree, regulation, or law.
1.10. Margin Trading: means leverage trading when the User may trade with borrowed Funds instead of his/her own (i.e. open a position using less of own Funds than the actual amount of this position).
1.11. Order: means the User’s instruction to buy or sell Cryptocurrency or GHS on certain conditions.
1.12. Rollover fee: means estimated fee that is charged by ATAIX from the User’s balance to rollover a position for the next 4 hours.
1.13. Seller: means the User who submits an Order to sell GHS or Cryptocurrencies through the Platform.
1.14. Services: means all and any service provided by ATAIX.
1.15. Site: means ATAIX website at https://ataix.com/.
1.16. Transaction fee: means a fee which is payable to ATAIX for each completed Transaction.
1.17. Transaction Price: means the total price paid by the Buyer in respect to each Transaction performed via the Service.
1.18. Transaction: means (i) transfer of Cryptocurrencies or Fiat currencies by the User to his/her Account (“Deposit Transaction”); (ii) withdrawal of Cryptocurrencies or Fiat currencies from his/her Account (“Withdrawal Transaction”).
1.19. User: means a person or an entity that uses the Services, agrees to follow the Terms of Use and is a holder of an Account.
1.20. Voucher: means an alphanumeric redeemable code, which can be used to transfer Cryptocurrency or GHS between Accounts.
1.21. Withdrawal: means a Transaction involving a transfer of Funds from the User’s Account to his/her bank account or to an account opened in any other financial institution.
2. THE SCOPE OF THE SERVICES
2.1. The Services allow all Users of the Platform to trade Cryptocurrencies with other Users.
2.2. Depending on the User’s place of residence, the User may not be able to use all the functions of the Site. It is the User’s responsibility to follow those rules and laws in his/her place of residence and/or place from which the User accesses this Site.
2.3. The access or use of the Site and any of the Services is void where such access or use is prohibited by, would constitute a violation of, or would be subject to penalties under applicable Laws, and shall not be the basis for the assertion or recognition of any interest, right, remedy, power, or privilege.
2.4. The User acknowledges and agrees that, when completing Trading Transactions, s/he is trading with other Users, and that ATAIX acts only as an intermediary in such Transactions, not as the counterparty to any trade.
2.5. The Services are complex and carry a high level of risk and are not appropriate for users who do not possess the appropriate level of knowledge and experience to deal in them. ATAIX is under no obligation to assess the suitability of the Services for users and any comment or statement which may be made by ATAIX or any of its Associates as to the suitability of the Services to you should under no circumstances be considered as investment or legal advice and should not be received or relied upon as such.
3. THE USER’S RIGHTS AND RESPONSIBILITIES
3.1. The User has the right to enter and use the Site and the Services, as long as s/he agrees to and actually complies with the Terms of Use. By using the Site, the User agrees to accept and comply with the terms and conditions stated herein.
3.2. The User undertakes to read the entire Terms of Use carefully before using the Site or any of the services provided by ATAIX.
3.3. The User undertakes to comply with any and all applicable laws and regulations related to the use of the Services.
3.4. The User undertakes to monitor all and any changes on his/her Account, including but not limited to the balance matters.
3.5. The User undertakes to immediately inform (i.e. right after the moment of discovery) ATAIX about any unusual, suspicious, unclear or abnormal changes on his/her Account. In case of late informing or non-informing the User will be liable for the breach of the Terms of Use and ATAIX will have the right to take any further steps accordingly, including but not limited to report to the relevant state or national authorities.
3.6. The User agrees that, whenever the Transaction is made, the Platform sends and receives the monetary sums and/or cryptocurrencies to/from the Buyer’s and the Seller’s Accounts opened in their name and on their behalf.
3.7. The User undertakes to notify ATAIX immediately of any unauthorized use of his/her Account or password, or any other breach of security by email addressed to [email protected] Any User who violates the mentioned rules may be terminated, and thereafter held liable for any losses incurred by ATAIX or any user of the Site.
3.8. The User undertakes not to use the Service to perform criminal activity of any sort, including but not limited to, money laundering, illegal gambling operations, financing terrorist organizations, or malicious hacking.
3.9. The User is responsible for any and all damages caused, and all liability actions brought against ATAIX for infringement of any third-party rights or violation of any applicable laws.
3.10. Nothing in the Terms of Use excludes or limits the liability of the User for fraud, death or personal injury caused by their negligence, breach of the terms implied by operation of law or any other liability which may not be limited or excluded by law.
3.11. Nothing in the Terms of Use excludes or limits the liability of the User for fraud, death or personal injury caused by their negligence, breach of the terms implied by operation of law or any other liability which may not be limited or excluded by law.
3.12. All added payment instruments to your Account, may it be a bank account, credit card, debit card, or others must be named after the Account holder. Any attempt otherwise will be considered as fraud.
4. THE USER’S REPRESENTATIONS AND WARRANTIES
4.1. By registering an Account, the User expressly represents and warrants that s/he:
4.1.1. follows the rules and laws in his/her country of residence and/or country from which he /she accesses this Site and Services;
4.1.2. has accepted these Terms of Use;
4.1.3. is at least 18 years old and has the right to accept these Terms of Use and participate in transactions involving cryptocurrencies.
4.1.4. The User represents and warrants that s/he will only use the Platform to perform Transactions in accordance with the conditions set forth in these Terms and that they are duly authorised and have the capacity to enter into the Transactions on the Platform.
4.1.5. The User represents and warrants that both Fiat currency and cryptocurrency deposited to the Account belong to the User and derived from legal sources.
4.1.6. The User represents and warrants that s/he will withdraw any cryptocurrency from his/her Account only to his/her wallets, otherwise ATAIX does not hold any liability for the consequences of such withdrawal.
4.1.7. The User represents and warrants that all Transactions being carried out do not violate the rights of any third party or applicable laws.
4.1.8. The User understands that his personal data and identifiers may be shared with appropriately authorised third parties, due to legal obligations such as prevention of crimes and tax purposes and/or to provide the service requested by the User. By using our products and services, you consent to your Personal Data being transferred to other countries, including countries that have differing levels of privacy and data protection laws than your country. In all such transfers, we will protect your personal information as described in this Privacy Policy, and ensure that appropriate information sharing contractual agreements are in place.
5. ATAIX'S RIGHTS AND RESPONSIBILITIES
5.1. ATAIX administers the trading platform for the bids, offers and enforces contracts among parties engaged in financing activities on the Site.
5.2. ATAIX undertakes to provide the Services with the utmost effort, due care and in accordance with these Terms of Use.
5.3. ATAIX has the right to suspend the User’s Account and block all Cryptocurrency and Fiat currency contained therein in case of non-fulfilment or unduly fulfilment of the Terms of Use by the User.
5.4. ATAIX’s responsibility shall be limited to using reasonable technical efforts to ensure the receipt of the cryptocurrency transferred. When initiating cryptocurrency transactions to a user who is not the ATAIX User, ATAIX responsibility shall be further limited to ensuring the transfer of the necessary technical data to the cryptocurrency network.
5.5. To the extent permitted by law, ATAIX is not responsible for any damages, loss of profit, loss of revenue, loss of business, loss of opportunity, loss of data, indirect or consequential loss unless the loss suffered is caused by a breach of the Terms of Use by ATAIX.
5.6. ATAIX is not responsible for any malfunction, breakdown, delay or interruption of the Internet connection or any reason why our site is unavailable at any given time.
5.7. ATAIX is not responsible for the delay in the processing of payments made by the fault of any third parties, operators of such transactions.
5.8. In the case of fraud, ATAIX undertakes to report all the necessary information, including names, addresses and all other requested information, to the relevant authorities dealing with fraud and breaches of the law. The Users recognize that their account may be frozen at any time at the request of any competent authority investigating a fraud or any other illegal activity.
5.9. Nothing in these terms excludes or limits the responsibility of ATAIX for fraud, death or personal injury caused by their negligence, breach of the terms implied by operation of the law or any other liability which may not be limited or excluded by law.
5.10. In the event a dispute arises among parities in respect of the Services (including between parties to transactions effected through trading on the Site or financing for financed trading on the Site), ATAIX may, at its sole discretion, suspend the provision of Services to you, in whole or in part, pending resolution of the dispute.
6. ATAIX’S REPRESENTATIONS AND WARRANTIES
6.1. ATAIX shall provide the Services with reasonable care and skill and in accordance with these Terms of Use.
6.2. All buy and sell orders made on the Platform, will be managed in an anonymous manner so that User and Sellers are not acquainted with each other. The Transaction Price is calculated on the basis of actual matched orders made by the Users (Buyers and Sellers) participating in the bidding process on the Platform combined with the applicable Transaction fees.
6.3. ATAIX represents and warrants that once the orders to buy or sell Cryptocurrencies match, such orders may not be canceled or reversed. It holds all Cryptocurrencies acquired by each User in his/her Account and on the respective User's behalf.
7. INTELLECTUAL PROPERTY RIGHTS
7.1. All content on this Site and ATAIX mobile applications is the property of ATAIX and is protected by copyright, patent, trademark and any other applicable laws, unless otherwise specified hereby.
7.2. The trademarks, trade names, service marks and logos of ATAIX and others used on the Site (hereinafter the “Trademarks”) are the property of ATAIX and its respective owners. The software, applications, text, images, graphics, data, prices, trades, charts, graphs, video and audio materials used on this Site belong to ATAIX. The Trademarks and other content on the Site should not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means, no matter manual or automated. The use of any content from the Site on any other site or a networked computer environment for any other purpose is strictly prohibited; any such unauthorized use may violate copyright, patent, trademark and any other applicable laws and could result in criminal or civil penalties.
7.3. ATAIX supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for any material on which you hold a bona fide copyright, please send us an email to [email protected].
8. THE USER VERIFICATION
8.1. Identification and verification procedures (also known as 'Know Your Customer' or 'KYC') are required for all the Transactions. If the User refuses to provide required documents and information under KYC, ATAIX reserves the right to immediately terminate the Services provision to the User.
8.2. The User undertakes to provide ATAIX with correct and relevant documents and personal information contained therein. In case the User provides counterfeit documents and false personal information, such behaviour will be interpreted as a fraudulent activity.
8.3. The User hereby authorises ATAIX to, directly or indirectly (through third parties), make any inquiries as we consider it necessary to check the relevance and accuracy of the information provided for verification purposes. Personal Data transferred will be limited to strictly the necessary and with security measures in use to protect the data.
9. ACCOUNT MAINTENANCE
9.1. The Site is for the User’s personal and non-commercial use only. ATAIX is vigilant in maintaining the security of the Site and the Service. By registering with ATAIX, the User agrees to provide ATAIX with current, accurate and complete personal information as prompted by the registration process and to keep such information updated.
9.2. The User is allowed to register only one Account on the Platform. Thus, any additional Account may be suspended.
9.3. The User agrees that s/he will not use any Account other than their own or access the Account of any other User at any time or assist others in obtaining unauthorized access.
9.4. ATAIX reserves the right to recommend amount limits for the Account funding/withdrawal. ATAIX could recommend daily, monthly and per one-transaction amount limits.
9.5 The User is responsible for maintaining the confidentiality of information on their Account, including, but not limited to their password, email, wallet address, wallet balance and of all activities including Transactions made via their Account. If there is any suspicious activity related to the User’s Account, ATAIX may request additional information from the User, including authenticating documents and freeze the Account for the review time. The User is obligated to comply with these security requests or accept termination of their Account.
9.6. Creation or use of the Accounts without obtaining a prior express permission from ATAIX will result in the immediate suspension of all respective Accounts, as well as all pending buy/sell orders. Any attempt to do so or to assist others (Users or other third parties), or distribution of instructions, software or tools for that purpose will result in termination of such Users’ Accounts. Termination is not an exclusive remedy for such a violation and ATAIX may decide to take further action against the User.
9.7. In case if it has been more than twelve (12) months since the User signed in with his/her Account or made the Funds deposit, ATAIX has the right to qualify this Account as abandoned. Abandoned Accounts with zero balances shall be deactivated.
9.8. Where you have not traded on the Site or engaged in any funding activity on the Site for an uninterrupted period of one year, ATAIX thereafter reserves the right to charge and obtain from you an inactivity fee of 1% per month, with or without notice to you. This fee will be taken from the Cryptocurrency and other property that you hold on the Site. This amount and the conditions relating to this fee may be updated from time to time in the Fees Schedule.
10. TRANSACTIONS
10.1. The Platform allows the User to submit the Orders to buy or sell Cryptocurrencies.
10.2. The User recognizes that the Order should only be submitted after careful consideration and the User understands and accepts consequences of its execution. The User agrees that as soon as the Order is executed, such transaction is irreversible and may not be cancelled. Transactions will be executed instantly upon the matching of the Buyer's and the Seller's Orders without prior notice to the Seller and the Buyer and will be considered to have taken place at the execution date and time.
10.3. The User acknowledges and agrees that in case the destination tag is not specified, is incorrectly indicated (in particular XRP, XLM) or the reference number is incorrectly specified (for Fiat transactions), the User may lose the deposit or at least the processing speed of such requests will be made with low priority.
10.4. ATAIX reserves the right to change the deposit addresses for the purpose of maintenance. Users shall be notified about address changes as they occur. Users shall check their deposit addresses and messages sent by ATAIX with regard to relevant changes on regular bases to make sure they are aware of correct addresses on which they may deposit funds.
10.5. Minimum and maximum order amount vary for each trading pair and can be seen on the Trade Page when placing an Order.
10.6. The User acknowledges and agrees that Deposit and Withdrawal Transaction in Fiat currency may be delayed due to some bank verifications and checks. Similarly, and due to the inherent nature of the cryptocurrency networks, the User acknowledges and agrees that depositing and withdrawing Cryptocurrencies into/from their Account may take some time.
10.7. Unverified users are not allowed to withdraw any Cryptocurrencies from their Account within forty-eight (48) hours after the Account was created.
10.8. The User can use Vouchers to transfer Cryptocurrencies between the Accounts. No commissions or fees are charged for generating and redeeming Vouchers. The Voucher should be redeemed before its expiration date set by ATAIX. ATAIX shall not be liable and shall not accept any liability, obligation or responsibility whatsoever for any loss or damage arising from the User's use of the Vouchers purchased from any third parties or acquired in any other way. To avoid doubts, the User is solely responsible for ensuring that the Voucher they acquired is genuine and redeemable.
10.9. In case if the User discovers transaction activity, including but not limited to unknown deposits and withdrawals, on their Account that was not initiated by the User, the User shall immediately notify ATAIX of this fact and follow the instructions sent by ATAIX. Otherwise, ATAIX reserves the right to freeze the Account until the end of investigation.
10.10. ATAIX may be forced to cancel or recall already executed Withdrawal Transaction at a request of financial institutions, including but not limited to banks, which are involved in settlement of such Transactions. In such cases the User is obliged to cooperate with ATAIX in order to discover the reasons for such request.
10.11. Minimum deposit amount is determined based on the particular currency and its recurring network fee. If the amount is less than specified, the funds will not be credited to the User's Account.
10.12. ATAIX does not support Ethereum (ETH) deposit and/or withdrawal via smart contracts.
10.13. Withdrawals below specified limits are not supported.
11. FIAT TRANSACTIONS
11.1. Wallet named EUR is backed by cryptocurrency EURT. All EUR deposits are automatically converted to EURT and credited to the user’s account. All internal transactions by the user on our platform, such as exchange, transfer, trade, are conducted using EURT. Upon client’s withdrawal request, EURT is exchanged to EUR and is sent to the Client's bank account.
11.2. All conversions between EUR and EURT are automatically conducted and all related conversion fees are covered by the platform.
12. TRANSACTION FEE
12.1. The User agrees to pay ATAIX the Transaction fee for each completed Transaction.
12.2. Prior to trading, the User must consider the Transaction fee rates published on the Fee schedule page. However, ATAIX reserves the right to change the Transaction fee rates from time to time publishing updates on the Fee schedule page.
12.3. The Transaction fee amount is automatically charged off in the currency indicated after symbol “/” in the trading pair after the relevant Transaction. Thus, for BTC/USD the fee is charged in USD; for ETH/BTC the fee is charged in BTC.
12.4. The Transaction fee is charged according to the Rounding policy.
12.5. Minimum and maximum price, as well as minimum and maximum order amount vary for each trading pair and can be seen on the Trade Page when placing an order.
12.6. For specific type of orders, the Transaction fee may differ from those published on the 'Fee Schedule' page. Transaction fee rate shall be disclosed before the order execution.
12.7. The Transaction fee, other charges, as well as the charge procedure can be changed/reviewed unilaterally by ATAIX from time to time and such changes shall become effective the moment they are posted on the Site.
13. ROUNDING POLICY
13.1. For all financial calculations ATAIX uses the rounding policy in the favour of the Platform. ATAIX rounds the Fiat currencies to the 2nd digit after the separator. The Rounding policy for cryptocurrencies varies depending on cryptocurrency.
13.2. For the purpose of the processes optimization, transactions on the Platform with regard to some items (including, but not limited to currencies, cryptocurrencies, tokens, etc.) will not be reflected at the User’s Account and will appear as soon as a unit is whole in accordance with the rounding standards.
14. ILLEGAL TRANSACTIONS
14.1. ATAIX reserves the right to suspend or terminate your ATAIX Account at any time if we reasonably believe to be required to do so by the law or in order to comply with recommendations issued by a relevant government authority or recognized body for the prevention of financial crime.
14.2. It is strictly forbidden to use the Account for any illegal purposes. ATAIX will report any suspicious activity to the relevant law enforcement.
14.3. The User shall ensure that they do not use the Services for the transactions relating to:
14.3.1. market price manipulation;
14.3.2. money laundering, terrorist financing, proliferation of weapons of mass destruction;
14.3.3. human trafficking;
14.3.4. any goods or services that are illegal or the promotion, offer or marketing of which is illegal or that are offered in connection with illegal, obscene or pornographic content, depict children or minors in sexual postures, depict means of propaganda or signs of unconstitutional organisations glorifying war or violating human dignity;
14.3.5. any goods or services, promotion, offer or marketing of which would violate copyrights, industrial property rights or other rights of any person;
14.3.6. archaeological findings;
14.3.7. drugs, narcotics or hallucinogens;
14.3.8. weapons of any kind;
14.3.9. illegal gambling services;
14.3.10. Ponzi, pyramid or any other “get rich quick” schemes;
14.3.11. goods that are subject to any trade embargo;
14.3.12. media that is harmful to minors and violates laws and, in particular, the provision in respect of the protection of minors;
14.3.13. body parts or human remains;
14.3.14. protected animals or protected plants;
14.3.15. weapons or explosive materials; or
14.3.16. any other illegal goods, services or transactions.
14.4. ATAIX reserves the right to reverse any transaction that violates rules listed under point 14.3.
15. ACCOUNT SECURITY
15.1. The User is responsible for maintaining the confidentiality of their Account’s credentials, including, but not limited to a password, email, wallet address, balance and of all activity including Transactions made through the Account.
15.2. ATAIX personnel will never ask the User to disclose their password. Any message the User receives or website that he/she visits that asks for the password, other than the ATAIX Site, should be reported to ATAIX. If the User is in doubt whether a website is genuine, it is required to ensure the website is EV SSL compliant (Security Certificate Validation is shown in the address bar of a web browser).
15.3. It is advisable to change the User’s password regularly (at least every three (3) to six (6) months) in order to reduce the risk of a security breach in relation to the Account. ATAIX also advises the User not to choose a password that is easily guessed from information someone might know or gather about the User or a password that has a meaning. The User must never allow anyone to access his/her Account or watch the User accessing his/her Account.
15.4. If the User has any security concerns about his/her Account, login details, password or other security feature being lost, stolen, misappropriated, used without authorization or otherwise compromised, the User is advised to change the password. The User must contact Support Service without undue delay on becoming aware of any loss, theft, misappropriation or unauthorized use of the Account, login details, password or other security features. Any undue delay in notifying ATAIX may not only affect the security of the Account but may result in the User being liable for any losses as a result. If the User suspects that someone else accessed his/her Account, the User should also contact an appropriate government agency and report the incident.
15.5. The User must take reasonable care to ensure that his/her email account(s) are secure and only accessed by the User, as his/her email address may be used to reset passwords or to communicate with the User about the security of the Account. ATAIX cannot be liable for the breach of an email account resulting an unauthorized Transaction to be executed with proper confirmation. In case any of the e-mail addresses registered with the User’s Accounts are compromised, the User should without undue delay after becoming aware of this contact Support Service and also contact his/her email service provider.
15.6. Irrespective of whether the User is using a public, a shared or his/her own computer to access the Account, the User must always ensure that his/her login details are not stored by the browser, cached or otherwise recorded. The User should never use any functionality that allows login details or passwords to be stored by the computer he/she is using.
15.7. Additional products or services the User uses may have additional security requirements and the User must familiarize with those as notified to him/her.
15.8. Two-factor authentication must be enabled in order to make any Withdrawal Transactions.
16. TERMINATION OF THE TERMS OF USE
16.1. The User may terminate the Terms of Use and close their Account at any time, following settlement of any pending transactions.
16.2. The User also agrees that ATAIX may, by giving notice, at its sole discretion terminate his/her access to the Site and to his/her Account, including without limitation, our right to: limit, suspend or terminate the service and the Users' Accounts, prohibit access to the Site and its content, services and tools, delay or remove hosted content and take technical and legal steps to keep the Users off the Site if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties or acting inconsistently with the letter or spirit of these Terms. Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate Accounts of Users for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or another User's account or providing assistance to others' attempting to do so, (2) overcoming software security features limiting use of or protecting any content, (3) usage of the Service to perform illegal activities such as money laundering, illegal gambling operations, financing terrorism, or other criminal activities, (4) violations of these Terms of Use, (5) failure to pay or fraudulent payment for Transactions, (6) unexpected operational difficulties, or (7) upon the request of law enforcement or other government agencies, if deemed to be legitimate and compelling by ATAIX, acting at its sole discretion.
16.3. ATAIX also reserves the right to cancel unconfirmed Accounts or Accounts that have been inactive for a period of six (6) months or more and/or to modify or discontinue our Site or Service. The User agrees that ATAIX will not be liable to them or to any third party for termination of their Account or access to the Site.
16.4. The suspension of the Account shall not affect the payment of the Transaction fees due for past Transactions. Upon termination, the User shall provide a valid bank account details or cryptocurrency address to allow the transfer of any currencies deposited to his/her Account. ATAIX shall transfer the currencies as soon as possible following the User's request in the time frames specified by ATAIX.
16.5. ATAIX will send the credit balance of the User’s Account to him/her, however in circumstances a number of intermediaries may be involved in an international payment and these or the beneficiary bank may deduct charges. ATAIX will use reasonable efforts to ensure that such charges are disclosed to the User prior to sending the payment; however, where they cannot be avoided, the User acknowledges that these charges cannot always be calculated in advance, and that he/she agrees to be responsible for such charges.
17. SERVICES AVAILABILITY
17.1. All Services are provided “AS IS”, without guarantees of any kind, either expressed or implied.
17.2. ATAIX will strive to keep the Site up and running; however, all online services suffer from occasional disruptions and outages and ATAIX is not liable for any disruption or loss the User may suffer as a result. Thus, ATAIX does not provide any guarantees that access to the Site will not be interrupted or that there will be no delays, failures, errors, omissions or loss of transmitted information.
17.3. ATAIX will use reasonable endeavours to ensure that the User can normally access the Site in accordance with the Terms of Use. ATAIX may suspend use of the Site for maintenance and will make reasonable efforts to give the User a notice. The User acknowledges that this may not be possible in an emergency.
18. API, WIDGETS AND MOBILE APPLICATIONS
18.1. API requests are limited to 600 requests per 10 minutes. If this limit is exceeded, it may result in a ban for 10 minutes. For example, if you perform 600 queries in the first minute, the next query is possible only after 9 minutes + 1 second.
18.2. ATAIX may provide widgets for the User’s use to put our data on the User’s Site. The User is free to use widgets in their original unmodified and unaltered state.
18.3. ATAIX may provide mobile applications (“mobile apps”), which can be used to get an access to the Account. The use of these mobile apps is the subject to these Terms of Use.
19. FINANCIAL OR LEGAL ADVICE
ATAIX does not provide any financial, investment or legal advice in connection with the Services provided by ATAIX. ATAIX may provide information on the price, range, volatility of Cryptocurrencies and events that have affected the price of Cryptocurrencies, but it should not be considered as an investment or financial advice and should not be construed as such. Any decision to buy or sell Cryptocurrencies is the User’s decision and ATAIX will not be liable for any loss suffered.
20. TAXATION
20.1. The User undertakes to pay all his/her taxes and duties, which can be resulted from the use of ATAIX Services and should be paid according to the User’s state of residence regulations.
20.2. ATAIX is not responsible for any violation made by the User due to his/her obligation to calculate and pay taxes and duties.
21. REFUND POLICIES
Users of ATAIX have rights for refund/returns in the amount not exceeding the original amount and in cases when ATAIX fails to send the proceeds of the exchange transaction to the address requested by the user. Please note that this Refund Policy concerns exclusively transaction fees and users’ funds.
21.1. General conditions
The User who has paid a transaction fee, or has funded her/his ATAIX account may request a Refund or Return in accordance with the eligibility criteria as further set out herein.
Refund/Return will only be considered where the User complies with the Eligibility Criteria in full. Where the User fails to meet any of the Eligibility Criteria, ATAIX shall have the right, in its sole discretion, to decline the User’s request for a Refund/Return.
In order to apply for a Refund/Return, the User must send an official request with details to [email protected].
To prevent Prohibited Conduct, all payments and information related to Refund/Return may be verified by ATAIX. ATAIX may request the User to provide certain documents as a proof of the fact that the disputed payment was made. In case the User fails to provide appropriate documents or information within three (3) days upon the ATAIX request or in case of any doubts as to the authenticity of the provided documents, ATAIX shall be entitled to decline the User’s Refund/Return request.
ATAIX shall process the User’s Refund/Return request, as well as provide appropriate notifications of the status of the request as soon as it is reasonably practicable.
NOTE: Submission of a Refund/Return request does not guarantee that it will be satisfied.
21.2. Transactions involving a cryptocurrency
Considering high volatility of and low liquidity on the cryptocurrency markets, ATAIX does not provide refunds on transactions that constitute a purchase of a cryptocurrency by the users.
21.3. Transactions that do NOT involve cryptocurrency (e.g. Skrill)
Users shall apply within 30 days from the moment of an exchange transaction to be able to get a refund. Should the refund request be approved, the user shall cover additional service fees that ATAIX may incur while doing the refund: e.g. both Skrill or Neteller impose fees on each incoming and outgoing transaction.
21.4. Chargebacks
ATAIX expects the User to contact ATAIX by sending a note to [email protected] to resolve any problem or issue related to his/her payments, before the User makes any Chargeback request. ATAIX will investigate such Chargeback requests and inform the User’s Issuing Bank whether any Service or Transaction has been cancelled.
ATAIX reserves the right to freeze the User's account and lock the User's Funds during the chargeback investigation procedure.
21.5. Amendments and Changes
This Policy may be amended from time to time in cases stipulated by the legislation. Furthermore, the terms and conditions of the Refund Policy are subject to change by ATAIX. ATAIX will inform its users on all amendments and changes in due time. Should a user not wish to accept the revised Refund Policy, s/he should stop using ATAIX services, otherwise the revised policy shall be applicable on the service provided by ATAIX to the user as the revisions come to force.
22. NOTICES AND COMMUNICATION
22.1. You agree and consent to receive electronically all communications, agreements, documents, receipts, notices and disclosures that ATAIX may provide in connection with these Terms of Use through publication on any part of the Site or to your authorized email address on file with ATAIX. Such notices shall be deemed effective and received by you on the date on which the notice is published on any part of the Site or on which the email is sent to such authorized e-mail address. These Terms of Use may be accepted electronically, and it is the intention of the Parties that such acceptance shall be deemed to be as valid as an original signature being applied to these Terms of Use.
22.2. The main official information channel of ATAIX is the ATAIX Blog
23. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms of Use shall be governed by and construed in accordance with the laws of Estonia, unless otherwise expressly provided. All disputes and controversies arising out of or in connection with this website and these Terms of Use shall be submitted to the relevant court in Estonia. If any portion of these Terms of Use shall be deemed invalid, void or for any reason unenforceable, such portion shall be deemed severable and shall not affect the validity and enforceability of any remaining portion.
24. RISKS AND LIMITATION OF LIABILITY
24.1. Important: This paragraph is in addition to the Risk Disclosure Statement. Trading in Cryptocurrency is volatile and markets shift quickly in terms of price, liquidity, market depth, and trading dynamics. The information presented on or through the Site is made available solely for general information purposes and ATAIX does not warrant the accuracy, completeness, or usefulness of this information. You are solely responsible and liable: for any and all trading and non-trading activity on the Site and for your Account; and, for knowing the true status of any position or contract with any other party on the Site, even if presented incorrectly by the Site at any time. In the event of any conflict between the information reflected in your Account and information on the books and records of ATAIX, the books and records of ATAIX shall control, even if this results in Losses to you or increases your Losses. You acknowledge and agree: to be fully responsible and liable for your trading and non-trading actions and inactions on the Site and all gains and Losses sustained from your use of the Site and any of the Services; to be responsible for any negative balance in your Account; to be fully responsible and liable for all of your obligations with respect to any financing activities on the Site; and, to be fully responsible for safeguarding access to, and any information provided through, the Site and any of the Services, including any Account, Digital Tokens Address, private keys, usernames, passwords, and bank account details. You have no right whatsoever to claim damages, specific performance, or compensation in any form from ATAIX as a result of actions it takes in its administration of the Cryptocurrency market.
24.2. There is no guarantee against Losses on the Site. You may lose more than is in your Account if you engage in financing on the Site or if there is a force majeure event. When financing is used for trading, the loan carries risk if, among other things, the value of your Cryptocurrency drops. If the value of your Cryptocurrency drops below a certain level, you are responsible for responding to this market circumstance with Fiat or additional Cryptocurrency satisfactory to ATAIX. Failure to respond promptly can result in the forced liquidation of i Cryptocurrency in your Account. ATAIX cannot guarantee to stop losses even with the ability to force-liquidate any of your positions (due to, for example, market volatility and liquidity). ATAIX will not be and is not responsible for any Financing Provider losing Fiat funds, or Cryptocurrency to any Financing Recipient on the Site or for any Losses incurred by a Financing Recipient or any other party on the Site.
25. LIMITATION OF LIABILITY
25.1. This Site, the ATAIX mobile applications and the Services found at this Site may contain links to third-party websites that are not owned or controlled by ATAIX. ATAIX assumes no responsibility for the content, terms and conditions, privacy policies or practices of any third- party websites. In addition, ATAIX does not censor or edit the content of any third-party websites. By using this Site or the Services found at these locations, you expressly release ATAIX from any and all liability arising from the User's use of any third-party website.
25.2. IN NO EVENT SHALL ATAIX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS BE LIABLE TO THE USER OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) ACCURACY, COMPLETENESS OR CONTENT OF THIS SITE, (II) ACCURACY, COMPLETENESS OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE AND/ OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USER'S USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL OR EQUITABLE THEORY AND WHETHER OR NOT ATAIX IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, THE USER SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL ATAIX’S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY THE USER FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR THE USER'S USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
25.3. ATAIX will not be liable for the Transactions, initiated by the User, below the prescribed limits, as stated in clause 10.10. hereof.
25.4. If you encounter activity or materials on the Site or the Services that you believe violate these Terms of Use, please report the suspected violation at (email). ATAIX have a process to investigate such reports and will take such action as it deems appropriate.
26. INDEMNITY
The User agrees to protect, defend, indemnify and hold harmless ATAIX and its officers, directors, employees, agents and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by ATAIX directly or indirectly arising from (i) the User’s use of and access to this Site or the Services found at this Site; (ii) the User’s violation of any provision of the Terms of Use or the policies or agreements which are incorporated herein; and/or (iii) the User’s violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of the Terms of Use or the User’s use of this Site or the Services found on this Site.
27. MODIFICATIONS AND AMENDMENTS
ATAIX reserves the right to amend or modify any portion of these Terms of Use at any time by publishing the revised version of the Terms of Use on the Site. The changes will become effective and shall be deemed accepted by the User, the first time the User uses the Services after the publishing of the revised Terms of Use and shall apply on a going-forward basis with respect to any activity initiated after publishing. In the event that the User does not agree with any such modification, the User's sole and exclusive remedy is to terminate the use of the Services and close the Account. The User agrees that ATAIX shall not be liable to the User or any third party as a result of any losses suffered by any modification or amendment of these Terms of Use.
28. FORCE MAJEURE
ATAIX is not responsible for damages caused by delay or failure to perform undertakings under these Terms of Use when the delay or failure is due to fires; strikes; floods; power outages or failures; acts of God or the state’s enemies; acts of any Government or Government Official; any and all market movements, shifts, or volatility; computer, server, or Internet malfunctions; security breaches or cyberattacks; criminal acts; delays or defaults caused by common carriers; acts or omissions of other Persons; or, any other delays, defaults, failures or interruptions that cannot reasonably be foreseen or provided against. In the event of force majeure, ATAIX is excused from any and all performance obligations under these Terms of Use.
29. SEVERABILITY
If any provision of these Terms of Use or part thereof, as amended from time to time, is determined to be invalid, void, or unenforceable, in whole or in part, by any court of competent jurisdiction, such invalidity, voidness, or unenforceability attaches only to such provision to the extent of its illegality, unenforceability, invalidity, or voidness, as may be, and everything else in these Terms of Use continues in full force and effect.