Terms of use – DATIUM & MDCx

Acceptance of the terms of use

By using this website (“https://datium.info”), registering to obtain a Datium account (“Account”), or using any other service, product, information, content, or other materials available through the Site (“Services”) and provided by Datium – Moneyfy Technologies USA LLC (“we”, “us”, “our”), you (“you”, “your” or “yourself”) agree to accept and abide the terms and conditions of use set below (“Terms of Use” or “Terms”). You should carefully read the entire Terms of Use before using this Site or any of the Services.

IF YOU DO NOT AGREE TO THE TERMS OF USE AND CONDITIONS DESCRIBED BELOW, YOU CAN NOT ACCESS THIS SITE OR USE THE SERVICES.

These Terms of Use were last updated on November 30, 2022. Datium – Moneyfy Technologies USA LLC reserves the right to change, add, or remove portions of these Terms at any time in its sole discretion. You will be notified of any changes in advance through your Account. Upon such notification, it is your responsibility to review the amended Terms. Your continued use of the Site and Services following the posting of a changes’ notice to the Terms means that you accept and agree to the changes, and that all subsequent transactions you make will be subject to the modified Terms.

About Datium – MoneyFy Technologies USA LLC – MDCx and Services

Datium – Moneyfy Technologies USA LLC is incorporated in Shelton Street, London WC2H 9JQ under company number 12391472 with its registered office 11620 Kengsinton Ct,, Boca Raton, United States, Florida, 33428, United States (“Datium – Moneyfy Technologies USA LLC”).

The Services allow registered users of the Services (“Members”):

• Buy or sell Virtual Assets and Digital Assets from or to other Members in exchange for other Virtual Assets or Digital Assets, or for fiat currency;
• Enter into agreements to store Virtual Assets and Digital Assets listed on the Site with a third party custodian;
• Withdraw any balance of fiat currency or MDCx tokens you have in your Account;
• Transfer Virtual Assets and Digital Assets to a wallet or to other users of such Virtual Assets and Digital Assets off the Site;
• Participate in surveys for free and be remunerated according to the type of survey;
• Access and use the MDCx & Datium protocol.

General Conditions of the Site

Depending on your country of residence, incorporation or registered office, you may not be able to use all features of the Site or the Services. It is your responsibility to follow the rules and laws of your country of residence and/or the country from which you access this Site and the Services. As long as you agree to and comply with these Terms of Use, Datium – Moneyfy Technologies USA LLC grants you the personal, non-exclusive, non-transferable, non-sublicensable, and limited right to enter and use the Site and Services.

All our Services are provided without warranty of any kind, either express or implied, and, in particular, without implied warranties of merchantability and fitness for a particular purpose. We do not guarantee that the Services, as well as the Site, will be available 100% of the time to meet your needs. We will endeavor to provide you with the Services as soon as possible, but there are no guarantees that access will not be interrupted or that there will be no delays, failures, errors, omissions, or loss of the transmitted information.

We will make all reasonable efforts to ensure that you can access the Services and the Site in accordance with these Terms of Use. However, we may suspend use of the Site and Services for maintenance and will make all reasonable efforts to give you advance notice. You acknowledge in this context that this may not be possible in the event of an emergency, and you accept the risks associated with the fact that you may not always be able to use the Services and the Site or make urgent transactions using your Account.

Your Datium – MoneyFy Technologies USA LLC Account

Opening your Account

By opening an Account, you expressly represent and warrant:

• That you have voluntarily and legally accepted these Terms of Use;
• If you are a natural person, you are at least 18 years of age;
• If it is a legal person or acts on behalf of a legal person, that it is properly authorized to act in the name and on behalf of the legal person, and to bind this person validly;
• That you have full capacity to accept these Terms of Use, either in your own name or in the name and on behalf of the legal person you represent, and make transactions involving Virtual Assets and other Digital Assets; and
• That you acknowledge and accept that all information provided, communicated and exchanged with you, including, but not limited to, any contractual information, resigns, marketing actions and customer service, is carried out in English and that you expressly waive any other language

How we verify your account

The creation and use of your Account are subject to verifications, as required by legal and regulatory obligations incumbent on us. You agree to provide us with the information we request for the purposes of identity verification, know-your-customer compliance, and detection of money laundering, terrorist financing, fraud, or any other financial crime. The information requested may include Personal Data (see our Privacy Policy). By providing us with the information we request, you confirm that it is true and accurate, and you agree to inform us if that information changes. Your Account will be locked until we are satisfied with the information you have provided and determine, in our sole discretion, that it is sufficient to validate your Account. In the meantime, you will not be able to cancel your Account or request deletion of Personal Data processed during verification operations.

We expressly reserve the right to cancel and/or terminate Accounts that have not been verified by the Member despite good faith efforts by us to contact you to obtain such verification (“Unverified Accounts”). All Unverified Accounts that have been inactive for a period of 6 months or more are subject to transfer to a third-party security deposit (the “Unverified security deposit”), and will no longer under our legal responsibility. The Unverified Security Deposit Administrator/Trustee will use additional reasonable efforts required by law to determine and contact each unverified account owner and, after adequate time and effort has been expended,

Funding your account

You may deposit funds into your Account through Bank Card deposits or Automated Clearing House (“ACH”) deposits.

Wire

If you have chosen to fund your Account via wire transfer deposits, the funds from a wire transfer deposit will be available to operate on your Account as soon as they are settled. Please note that deposit settlement times are subject to holidays, partner bank processes and your bank’s processes. Moreover, deposit settlement times may be delayed due to technical issues.

We do not accept fiat currency deposits from third party bank accounts. The name on your linked bank account must match the verified name on your Datium – Moneyfy Technologies USA LLC account. If a wire transfer is received from a third party bank account, we will immediately reject and return the transfer.

Your Account, once funded, does not and will not earn interest.

ACH payment method

If you have enabled ACH funds for your Account, the ACH deposit amount will be available for operating on your Account when receiving your deposit. We will hold deposited funds or Virtual Assets or Digital Assets purchased with them from withdrawal until deemed settled. After such funds are deemed settled, you will be able to make withdrawals again.

Please note that deposit settlement times are subject to holidays, partner bank processes and your bank’s processes. Moreover, deposit settlement times may be delayed due to technical issues.

We reserve the right to increase or decrease your daily, monthly and overall limits, or make them temporarily or permanently unavailable. This may be done without notice and at our sole discretion.

Make an electronic purchase

If you are an individual, you may make an Instant Purchase Transaction using your credit or debit card (“Card Purchase”), Google Pay, Apple Pay, or another valid form of payment available on the Platform (each of them a “Valid payment method”). The availability of Apple Pay or Google Pay (applicable only to credit or debit cards issued by Visa or Mastercard) depends on your device and your location or residence. For more information on the availability of Apple Pay, see https://www.apple.com/apple-pay/ or https://pay.google.com/ for Google Pay. The Fees we charge to process instant Purchase Transactions are detailed in our Fee Schedule.

When you make a card purchase on our website or mobile app, our card payment service provider automatically stores your card details through a tokenization process. This means that a sensitive data element (PAN card number) is replaced by a non-sensitive equivalent called a token. This tokenization process is designed to keep your data safe and secure from unauthorized access by a third party. You can only register one credit or debit card in your name.

Our designated payment service provider can save and store payment information, such as credit or debit card numbers and card expiration dates, entered by you on our website when making a Card Purchase. Such stored payment information can be used as your default payment method for other card purchases on our website or mobile app. At any time, you can delete your card information or enter new card information. If your card has expired, our payment service provider will no longer store payment information related to that card, and you will be required to provide your new card information the next time you wish to continue with a card purchase. You are responsible for keeping your card information current and accurate. You agree that Datium – Moneyfy Technologies USA LLC may update such stored information from time to time based on information provided by you, your bank or other payment service providers. You will only provide information about the payment methods you are authorized to use.

If you have any questions about how to make a purchase with a card, contact us through any of our official contact channels.

 

 

Refund policy

All sales and purchases of Virtual Assets and other Digital Assets made with any payment method are final. We do not accept returns or provide refunds for your purchase of Virtual Assets or any other Digital Assets from Datium – Moneyfy Technologies USA LLC, except as provided in these Terms of Use.

In case the exchange from fiat currency to Virtual Assets or other Digital Assets is not processed due to technical problems or high price volatility during the card purchase procedure, Datium – Moneyfy Technologies USA LLC will credit the Member’s account with fiat currency.

Maintenance of your account

Maintain your information updated

We are careful in maintaining the security of our Site and Services. By registering with us, you agree to provide Datium – Moneyfy Technologies USA LLC with current, accurate and complete information about yourself, including, for legal entities, information on directors, key personnel and beneficial owners, as well as the resolution of the company to open the Account, as requested by the registration process, and keep such information updated. If you are an individual, you also agree that you will not use any Account other than your own, or access any other Member’s Account at any time, or assist others in gaining unauthorized access.

The creation or use of Accounts without obtaining our prior and express permission will result in the immediate suspension of all such Accounts, as well as all pending purchase/sale offers. Any attempt to do so or help others (Members or otherwise), or the distribution of instructions, software or tools for that purpose, will result in the termination of such Members’ Accounts. Termination is not the exclusive remedy for such breach, and we may choose to take further action against you.

Maintain your account information confidential

You are also responsible for maintaining the confidentiality of your Account information, including your password, protecting your own Virtual Assets and Digital Assets, and all activity, including Transactions that are posted on your Account (including all Instructions for a Datium – Moneyfy Technologies USA LLC). Any actions on the Site, transactions, orders, Instructions and operations initiated from your Account or using your password are considered (1) performed by you and (2) irrevocable once validated with your password or performed through your Account. If there is suspicious activity involving your Account, we may, but are not required to, request additional information from you, including authentication documents, and freeze any transactions pending our review. You are required to comply with these security requests or agree to the termination of your Account. You must notify Datium – Moneyfy Technologies USA LLC immediately of any unauthorized use of your Account or password, or any other breach of security, by email to info@moneyfi.io. Any Member who violates these rules may be fired and thereafter held liable for any losses suffered by Datium – Moneyfy Technologies USA LLC or any user of the Site and Services.

You acknowledge that you will only credit your Account to Datium – Moneyfy Technologies USA LLC from a bank account in your name, and that you will direct payments from your Account to Datium – Moneyfy Technologies USA LLC only to a bank account in your name.

We reserve the right to cancel transfers made by or sent to third parties.

Maintain your virtual and digital assets safe

The role of a Datium – Moneyfy Technologies USA LLC is limited to providing you with a platform through the Services under which we act solely as a service provider, as your agent and in accordance with your Instructions for the management and transfer of Virtual Assets and other Assets digital.

We do not store Virtual Assets or other Digital Assets directly, but when you instruct us to arrange for Virtual Assets or other Digital Assets owned by you (including those purchased on your behalf) to be held until we receive further instructions from you to sell or transfer them (with any deposit of Digital Assets and/or Virtual Assets considered as an Instruction of that type), we, acting on your behalf, will appoint one or more third parties as custodians and to hold the relevant Virtual Assets or other digital assets as custodian in accordance with the authority of our agency (see below).

The custodian services will be provided on the terms that apply directly between the custodian(s) and you and form an integral part of these Terms of use. By accepting these Terms of use, you acknowledge and agree to the terms of available custodian services, where the latter terms apply to you only if you have requested the services provided by that custodian at least once (for example, holding Virtual Assets or other Digital Assets held by that custodian in your Account; the list of supported Virtual Assets or other Digital Assets by that custodian is available). Datium – Moneyfy Technologies USA LLC do not directly provide, collect, or is responsible of custodian services. Any issues you have related to custodian services should be raised by you with the custodians; however, we may, on your behalf, provide assistance consistent with our agency authority (see below).

Notwithstanding the direct custodial relationship between the custodian(s) and you, if for any reason Datium – Moneyfy Technologies USA LLC is retained or declared to have any legal or beneficial interest in your Virtual Assets or other Digital Assets , Datium – Moneyfy Technologies USA LLC will hold in trust for you all those right and interest titles that Datium – Moneyfy Technologies USA LLC has or claims to have and will not transfer or sell Virtual Assets or other Digital Assets other than in accordance with your Instructions (including any instructions required by law, regulatory authority or enforcement agencies).

In order for us to administer the Site, provide the Services and create a direct relationship between you and third party custodians to hold the relevant Virtual Assets or other Digital Assets as custodian on your behalf, you appoint Datium – Moneyfy Technologies USA LLC as your agent. With perpetual and irrevocable agency authority (except in the event of Account termination) to act as your agent to:

• Create a direct relationship of legal custody between you and an external custodian for the custody of your Virtual Assets or other digital Assets, as well as designate authorized persons within Datium – Moneyfy Technologies USA LLC to instruct said external custodians about their benefit;
• Access and/or transfer Virtual Assets or other Digital Assets as necessary for the operation of the Site and the provision of the Services, including:
  • Store and maintain confidential private keys in respect of Virtual Assets or other digital Assets;
  • Transfer cryptocurrency to third-party custodians (who in turn have the right to designate sub-custodians and provide custodian services to them through such sub-custodians or other representatives or agents); and
  • Move cryptocurrencies between hot and cold wallets maintained by these custodians to allow sufficient liquidity in the hot wallet to support operations on the Site while providing the additional security of cold wallet storage;
• Share your information with third party custodian service providers so you can hire them to provide custodian services (see below);
• Transfer Virtual Assets and Digital Assets to a wallet or to other users of such Virtual Assets and Digital Assets off the Site;
• Carry out the following events that act, or could act as restrictions, or impact your rights:
  • Termination of our relationship with you and/or your Account;
  • Suspension of our relationship with you and/or your Account;
  • Prohibit laundering trade and other activities;
  • Require minimum trade sizes;
  • Blocking of Accounts in certain circumstances;
  • Apply service unavailability and downtime restrictions;
  • Comply with the orders of enforcement agencies or regulatory actions;
  • Offset any pending obligation you have with Datium – Moneyfy Technologies USA LLC, which may include the sale of Virtual Assets or other Digital Assets to cover any pending obligation you have; and
• Otherwise, act only on your instructions with respect to Virtual Assets or other Digital Assets, including with respect to:

• • Any purchase or sale of Virtual Assets or other Digital Assets;
  • Access to or transfer of Virtual Assets or other Digital Assets between wallets; and/or
  • Any other purpose or action you indicate.

By agreeing to these Terms of Use, you acknowledge and agree that by doing so, you are continuously and irrevocably instructing us to perform all the above actions on your behalf. You may not revoke this current Instruction by closing your Account, in which case it will expire only when your Account is closed.

As a result of this limited agency relationship, we do not have, and you agree that we do not have, nor do we acquire any right, title or interest in any Virtual Assets or other Digital Assets that the third-party custodian holds on your behalf. (s).

We are not an intermediary, we do not acquire any right, title or interest in, and do not assume or have any right or control over, Virtual Assets or other Digital Assets or any other assets of the Member other than with respect to actions taken in accordance with our agency authority and its Instructions. As a result, we will not transfer or sell Virtual Assets or other Digital Assets other than in accordance with your Instructions (including any instructions required by law, regulatory authority or enforcement agencies).

Our fees

We charge Fees for our Services. The fees are described and available on our website. We reserve the right to change our Fees at any time and at our sole discretion. You will be notified of any changes in advance through your account or email. Upon such notification, it is your responsibility to review the amended fee Schedule. Your continued use of the Site following the posting of changes’ notice to the Fees means that you accept and agree to the changes.

We will not charge you any fees other than the one stablished in the fee Schedule. We can not use Digital Assets and/or Virtual Assets in any way to generate revenue other than in connection with charging Fees as set forth in the fee Schedule.

Subject to applicable laws and regulations and as determined in our sole discretion, we reserve the right to offer negotiated fees, discounts or other incentives to certain customers that may not be available to all customers.

Close your account

You can close your Account at any time.

You may terminate this agreement with Datium – Moneyfy Technologies USA LLC and close your Account at any time, following the settlement of any pending Transaction.

We can close, suspend or freeze your Account upon notice.

We may, upon notice, in our sole discretion:

• Limit, suspend or terminate your access to the Service, the Site and/or your Account;
• Prohibit access to the Site and its content, services and tools;
• Delay or remove hosted content; and
• Take technical and legal steps to keep Members off the Site if we suspect that they are creating trouble or potential legal liability, infringing third-party intellectual property rights, or acting inconsistent with the letter or spirit of these Terms.

In addition, we can, in appropriate circumstances and at our discretion, suspend or terminate Member Accounts for any reason, including, but not limited to:

• Attempts to gain unauthorized access to the Site or another Member’s account or to provide assistance to others attempting to do so;
• Bypass security features of the software that limit use or protect any content;
• Use of the Service to engage in illegal activities such as money laundering, illegal gambling operations, terrorist financing, or other criminal activities;
• Violations of these Terms of use;
• Non-payment or fraudulent payment of Transactions;
• Unexpected operational difficulties; or
• At the request of law enforcement or other government agencies.

Suspension or custody of an Account will not affect the payment of Fees due for past Transactions.

Upon termination or suspension, you will be required to submit valid bank account details to enable the transfer of any currency credited to your account. This bank account must be maintained by you. Virtual Assets or other Digital Assets can be transferred to a valid bank account only after conversion to a fiat currency. We will transfer the currencies as soon as possible after your request and within the timeframes we specify.

We will take care of sending you the credit balance of your Account; however, in certain circumstances, multiple intermediaries may be involved in an international payment and charges may be deducted by them or the beneficiary bank. We will use reasonable efforts to ensure that such charges are informed to you prior to submitting your payment; however, where they cannot be avoided, you acknowledge that these charges cannot always be calculated in advance and that you agree to be responsible for such charges.

After the closure of the Account, any amount less than 25 USD/EUR will not be refunded.

We reserve the right not to convert Virtual Assets or other Digital Assets into fiat and return them to a Wallet belonging to the Member.

To avoid doubts, any action taken by Datium – Moneyfy Technologies USA LLC to suspend, delay, cancel or freeze any instructions and/or suspend your Account will not affect your rights, title or interest in respect of your Virtual Assets and other Digital Assets that are keep. by a third party custodian on your behalf, but may affect the ability of Datium – Moneyfy Technologies USA LLC to execute your Instructions, which you hereby acknowledge and accept.

Trade and Information Processing with DATIUM

Risks

Trading in goods and products, real or virtual, as well as virtual currencies involves significant risk. Prices can and do fluctuate on any given day. Such price fluctuations can increase or decrease the value of your assets at any given time. Any currency, virtual or not, can be subject to large changes in value and even lose its value. There is an inherent risk that losses will occur as a result of buying, selling or trading anything on a market.

Trading virtual assets and digital assets also has special risks that are not generally shared with official currencies, goods, or commodities in a market. Unlike most currencies, which are backed by governments or other legal entities, or by commodities like gold or silver, virtual assets and digital assets are a unique asset class, backed by technology and trust. There is no central bank that can issue more cryptocurrencies or take corrective measures to protect the value of virtual assets and digital assets in a crisis.

Instead, Virtual Assets and Digital Assets are a, still autonomous and largely unregulated, global system of cryptocurrency firms and individuals. Merchants place their trust in a digital, decentralized, and partially anonymous system that relies on peer-to-peer networks and cryptography to maintain its integrity.

Virtual assets and digital assets’ trade can be susceptible to irrational (or rational) bubbles or loss of confidence, which could collapse demand in relation to supply. For example, trust in Virtual Assets and Digital Assets could collapse due to unexpected changes imposed by software developers or others, a government crackdown, the creation of superior competing alternative coins, or an inflationary or deflationary spiral. Trust can also collapse due to technical problems: if the anonymity of the system is compromised, if money is lost or stolen, or if hackers or governments can prevent transactions from settling.

There may be additional risks that we have not anticipated or identified in our Terms of use.

You should carefully assess whether your financial situation and risk tolerance are suitable for buying, selling or trading virtual assets or digital assets.

We use our banking providers to facilitate the receipt of fiat currency from Members and payments to other Members. Our banking providers DO NOT transfer, exchange or provide any services in connection with Virtual Assets or Digital Assets. Your fiat currency will be held in a bank account in the name of Datium – Moneyfy Technologies USA LLC together with the fiat currency of other Members. Where possible in a relevant jurisdiction that recognizes the concept of a customer account, we will notify the relevant banking provider that the bank account is a customer account in which we hold fiat currency on behalf of Members. In either case, you will remain the beneficial owner of the fiat currency we hold on to your behalf. We will maintain detailed records of all fiat currency on behalf of Members. Although Datium – Moneyfy Technologies USA LLC uses reasonable care in the appointment of its banking providers, if a banking provider becomes insolvent or enters into insolvency proceedings in a relevant jurisdiction, Datium – Moneyfy Technologies USA LLC may have only an unsecured claim against the banking provider, and Members’ fiat currency, the balances may be at risk subject to the protections provided by law in the relevant jurisdiction.

We engage with third-party custodians to hold virtual assets and digital assets on your behalf. Your Virtual Assets and Digital Assets will be held in your name in a wallet in the name of Datium – Moneyfy Technologies USA LLC together with the Virtual Assets and/or Digital Assets of other Members. From time to time, they may also be held in the wallet together with a Datium – Moneyfy Technologies USA LLC Virtual Assets and/or Digital Assets that reflect a Datium – Moneyfy Technologies LTD fees but are recorded in a Datium – Moneyfy Technologies USA LLC’s ledger. Datium – Moneyfy Technologies USA LLC as belonging to Datium – Moneyfy Technologies USA LLC, and that you instruct Datium – Moneyfy Technologies USA LLC to collect upon removal from the wallet. We will maintain detailed records of all Virtual Assets and Digital Assets held by members with third party custodians appointed by us.

As set forth above, a Datium – Moneyfy Technologies USA LLC will act only in accordance with your Instructions with respect to Virtual Assets and Digital Assets, and does not otherwise acquire any right, title or interest therein. Although a Datium – Moneyfy Technologies USA LLC uses reasonable care in the appointment of third-party custodians, in the event that a third-party custodian becomes insolvent or enters into insolvency proceedings in a relevant jurisdiction, you may only have an unsecured claim against the third party custodian, and Virtual Assets or Digital Assets of Members may be at risk subject to the protections provided by law in the relevant jurisdiction.

Risks related to fraud and scams.

At a Datium – Moneyfy Technologies USA LLC, we strive to provide our clients with the highest levels of trading and account security. Since scammers and fraudsters don’t avoid trading platforms, our focus is to raise awareness among our clients about common fraudulent practices and offer suggestions on how to avoid being scammed. For more information on common fraudulent practices and tips for recognizing and avoiding scams, check out our FAQ page and blog post.

Before engaging in the use of our Services and by confirming these Terms of Use, you agree and acknowledge that:

1. Datium – Moneyfy Technologies USA LLC will not be responsible for any loss or damage suffered by you, due to any illegal or fraudulent activity of third parties; you are solely responsible for your behavior and use of your Account;
2. Datium – Moneyfy Technologies USA LLC does not promote or operate giveaways: official promotions and referral programs are only communicated through channels owned by Bitstamp, for example, the Site;
3. Datium – Moneyfy Technologies USA LLC only communicates with you via the addresses @bitstamp.net or @team.bitstamp.net;
4. Datium – Moneyfy Technologies USA LLC will never call you unexpectedly and without notice, regardless of cause or reason;
5. Datium – Moneyfy Technologies USA LLC will never ask you to reveal any of your sensitive authentication credentials, regardless of cause or reason, and will never require remote access to your device or recommend that you change your security settings;
6. Your account credentials are to be used solely by you and you must not disclose your login credentials to any third party or entity. You will ensure that the email and phone number you used to register a Datium – Moneyfy Technologies USA LLC Account will be exclusively operated and kept private by you;
7. You will set up 2-factor authentication only on devices that you exclusively own and control, and you will not allow anyone else to access or use the devices you use for 2-factor authentication;
8. Any attempt to provide instructions to any person (Members or third parties), or the distribution of instructions, software or tools related to the onboarding process, Account operation and security measures, regardless of its purpose, may result in that the Accounts of both and the cancellation of the affected Members, at the sole discretion of Datium – Moneyfy Technologies USA LLC.

Acceptable use of our services

Laundry trade

We do not allow you to cross-trade, either alone or in collusion with others, or to place an order, which would result in auto-execution, where the same trader or group of traders would act as both maker and receiver of the trade.

If two orders from opposite sides result in a cross transaction, both orders are subject to specific action, ranging from scrutiny, cancellation, suspension, or a ban from trading on the Site. If two orders of the same amount result in automatic execution, both orders are subject to specific actions, ranging from scrutiny, cancellation, suspension, or a ban from trading on the Site.

Market manipulation

You are prohibited from participating or attempting to participate in market manipulation. This prohibition applies to any type of activity that results in or is intended to:

• Artificially control or manipulate the price or trading volume of any of the virtual currencies listed on the Site; and
• Manipulation of a benchmark, including, without limitation, the transmission of false or misleading data, or any other action that manipulates the calculation of a benchmark.

Market manipulation will trigger specific measures, ranging from scrutiny, cancellation of orders, suspension or ban from trading on the Site, and disclosure to third parties, including full disclosure to competent authorities.

We reserve the right to suspend, delay, or cancel an Instruction or series of Instructions issued by a colluding Member or Members that, if executed, would result in a price fluctuation of 5% or more in the value of a cryptocurrency available on the Site.

You will not take, directly or indirectly, any action designed, or that can reasonably be expected, to cause or result in the destabilization or manipulation of the price of Virtual Assets or Digital Assets, which are available on the Site.

Minimum trade size

The minimum size of the operation is defined by the Fee Schedule of Datium – Moneyfy Technologies USA LLC.

Prohibited activities

You agree not to use the Services to engage in criminal activity of any kind, including, without limitation, money laundering, illegal gambling, terrorist financing, malicious hacking, or any criminal or illegal activity.

You will refrain from using your Account, the Site and the Services for any use other than your personal use, unless you are a legal entity that has opened a corporate account with us.

Limited right of use

Unless otherwise specified, all materials on this Site, including, without limitation, text, graphics, logos, icons and images (“Materials”), are property of Datium – Moneyfy Technologies USA LLC and are protected by copyright, trademarks and other applicable laws. You may view, print and/or download one copy of the Materials from this Site on any computer solely for your personal, informational and/or non-commercial use, provided you comply with all copyright and other proprietary notices.

The trademarks, service marks and logos of Datium – Moneyfy Technologies USA LLC and others used on this Site (“Trademarks”) are property of Datium – Moneyfy Technologies USA LLC and their respective owners. The software, text, images, graphics, data, prices, transactions, charts, graphs, video and audio used on this Site are property of Datium – Moneyfy Technologies USA LLC. The Trademarks and Material may not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means, manual or automated. The use of such Materials on any other website or networked computer environment for any other purpose is strictly prohibited; any unauthorized use may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.

Transaction recovery

You are fully responsible for any errors or defects that may arise during any transaction that lead to the partial or total loss of your Digital Assets and/or Virtual Assets. Datium – Moneyfy Technologies USA LLC will not be liable for any damages resulting from the actions described above. Datium – Moneyfy Technologies USA LLC shall in no event be liable for any loss, including but not limited to inter-address transfers, transactions, deposits or withdrawals resulting from your improper actions or activities, or erroneous transactions, deposits or withdrawals resulting in your digital Assets and/or loss of virtual assets. Datium – Moneyfy Technologies USA LLC will not compensate you for any loss resulting from such actions or activities.

Datium – Moneyfy Technologies USA LLC may provide, under certain circumstances, an investigation and possible recovery of lost Digital Assets and/or Virtual Assets as a payment service. Therefore, Datium – Moneyfy Technologies USA LLC may, at the request of a Member, use its best efforts to attempt to return misdirected Digital Assets and/or Virtual Assets to the Member. Transaction recovery requests will be sent to info@moneyfi.io. After receiving the transaction recovery request, Datium – Moneyfy Technologies USA LLC will carry out a preliminary evaluation of each transaction and reserves the right to reject the recovery of a particular transaction.

Datium – Moneyfy Technologies USA LLC will charge a research fee for such research. The fee will amount to 10% of the value of the lost Digital Assets and/or Virtual Assets, but in no case less than 100.00 USD/EUR. The fee will be collected and paid by the Member in Digital Assets or Virtual Assets that are subject to transaction recovery. Datium – Moneyfy Technologies USA LLC may investigate transactions that occurred not more than thirty (30) days prior to the date of the request for recovery of Digital Assets and/or Virtual Assets. Datium – Moneyfy Technologies USA LLC will not attempt to recover transactions with a value less than 100.00 USD/EUR. Due to the specific and case-by-case nature, Datium – Moneyfy Technologies USA LLC does not in any way guarantee success and will not be liable if the investigation is ineffective or unsuccessful.

Other services

Maintain you inform about digital assets

We want you to be informed about the latest developments and news related to the digital asset industry and cryptocurrencies in general. Therefore, we may, from time to time, provide you with news, insights, research and/or industry reports related to digital assets in written, audio or video format. Such communication may be provided to you within the Platform or by sending emails or push notifications. You can always unsubscribe from this service by clicking an unsubscribe link at the bottom of the communication we send you.

Confidentiality

You agree that all information, materials and documents which, by their character and nature, a reasonable person in such circumstances would treat as confidential, will be kept confidential, and will not be shared with anyone except your employees, attorneys, accountants, relevant business advisers, group companies (if any), but all on a strict need to know basis, and then subject to the condition that they agree to keep all exchanged materials and documents confidential at all times.

Collection and use of your data

Privacy is very important for us. Full details of our Privacy Policy can be found at Privacy Policy. We recommend that you read the Privacy Policy carefully, so that you are aware of the data we collect, how we use it and with whom we share it.

Miscellany

Financial regulation (REVIEW AND REPLACE BY USA)

The Services we currently provide are not regulated by the Financial Conduct Authority (“FCA”). United Kingdom crypto activity does not fall within the scope of the Financial Ombudsman Services (“FOS”) or the Financial Services Compensation Scheme (“FSCS”). As such, your Account is not protected by the FSCS, and you will not be able to turn to the FOS in case of a complaint related to the Services.

As of December 15, 2021, Ontario residents may not open new accounts on the Site.

API and widgets

We may provide access to certain parties to access specific data and information through our API (Application Programming Interface) or widgets. We may also provide widgets for your use to enter our data on your site. You are free to use them in their original state without modification or alteration.

External websites

We make no representations about the external websites that you may access through the Site, including the websites of any third party custodian service provider. From time to time, the Datium – Moneyfy Technologies USA LLC website may provide references or links to external websites. We do not control these external websites or third party sites or any of the content they contain. You agree that we are in no way responsible for any external websites referenced or linked to from the Datium – Moneyfy Technologies USA LLC website including, but not limited to, website content, policies, faults, promotions, products, opinions, advice, statements, prices, activities, advertisements, services or actions and/or any damage, loss, failure or problem caused by, related to or arising out of those sites.

External websites have separate and independent terms of use and related policies. We ask that you review the policies, rules, terms, and regulations of each site you visit. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature.

Media

Unencrypted email messages sent over the Internet are not secure, and Datium – Moneyfy Technologies USA LLC is not responsible for any damages caused by sending email messages in this manner. We suggest sending emails in encrypted formats; We invite you to send us PGP-encrypted emails. Instructions and keys for doing so are available upon request.

If you send us unencrypted or unsecure emails or other types of communications, we may respond using the same channels, and you hereby accept the risks associated with doing so.

Limitation of liability

To the extent permitted by law, Datium – Moneyfy Technologies USA LLC shall not be liable for any damages, loss of profit, loss of income, loss of business, loss of opportunity, loss of data, indirect or consequential loss, unless the loss suffered arises from gross negligence, intent or willful intent. Nothing in these terms excludes or limits the liability of either party for fraud, death or personal injury caused by negligence which cannot be limited or excluded by law. While Datium – Moneyfy Technologies USA LLC strives to provide accurate and precise information on the Site, the Site may not always be entirely accurate, complete, or current, and may include errors. Datium – Moneyfy Technologies USA LLC may change or update the Site at any time without notice, and accordingly, you should verify all information with independent sources before relying on it for any decision or action. You remain entirely responsible for your decisions and actions. Subject to the foregoing, you also agree and acknowledge that Datium – Moneyfy Technologies USA LLC has no liability whatsoever with respect to the custody of any Virtual Asset and/or Digital Asset.

Subject to the foregoing, Datium – Moneyfy Technologies USA LLC’s aggregate liability for event-based claims arising out of or in connection with a single Member’s use of the Site and/or Services, whether in contract, tort or otherwise, under no circumstances will it exceed the fees paid by you. to Datium – Moneyfy Technologies USA LLC during the 12 months immediately preceding the date of any claim giving rise to such liability.

Indemnity

To the fullest extent permitted by applicable law, you agree to indemnify Datium – Moneyfy Technologies USA LLC and its partners from any action, liability, cost, claim, loss, damage, proceeding or expense suffered or incurred whether or not arising directly from your use of the Site or the Services or your violation of these Terms of Use.

Taxes

It is your responsibility to determine if, and to what extent, tax applies to any transaction you make through the Services, and to withhold, collect, report and remit the correct amounts of tax to the appropriate tax authorities. Your transaction history is available through your Account.

As a Datium – Moneyfy Technologies USA LLC Customer, you duly agree to be solely responsible for reporting any inflow and outflow of fiat or crypto assets for the purposes of your domestic tax returns and any related returns.

You assume full responsibility for determining if, and to what extent, tax applies to any transaction you make through the Datium – Moneyfy Technologies USA LLC services, for withholding, collecting, reporting and remitting the correct amounts of tax to the authorities corresponding tax and release Datium – Moneyfy Technologies USA LLC from any liability. in case of non-compliance with these provisions, Datium – Moneyfy Technologies USA LLC disclaims any liability arising from its client’s failure to comply with its responsibilities hereunder.

 

 

Force majeure

If we are unable to perform the Services described in the Terms of Use due to factors beyond our control, including, but not limited to, a Force Majeure event, a change in law, or a change in sanctions policy, we will not be responsible for the Services provided under this agreement during the time period coinciding with the event.

Transfer

Datium – Moneyfy Technologies USA LLC can transfer its rights and obligations under the Terms of Use to other entities of the Datium – Moneyfy Technologies USA LLC Group. This includes, but is not limited to, Datium – Moneyfy Technologies USA LLC, Datium – Moneyfy Technologies LTD USA, Inc., or any other company or business entity that directly or indirectly acquires all or substantially all the assets or business of Datium – Moneyfy Technologies USA LLC. Any transfer of the rights and obligations of Datium – Moneyfy Technologies USA LLC to other entities of the Datium – Moneyfy Technologies USA LLC Group will be binding on you. If you do not accept any transfer, you may terminate this agreement and close your Account.