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ID.DEX User Agreement

Part 2 of 2

Please find detailed information below:

ID.DEX User Agreement

part 2 of 2

19. RESTRICTED ACTIVITIES

In connection with your use of the Services, you will not:

  1. violate or assist any party in violating any law, statute, ordinance, regulation or any rule of any self-regulatory or similar organization of which you are or are required to be a member through your use of the Services;
  2. provide false, inaccurate, incomplete or misleading information;
  3. infringe upon ID.DEX’s or any third party’s copyright, patent, trademark, or intellectual property rights;
  4. engage in any illegal activity, including without limitation illegal gambling, money laundering, fraud, blackmail, extortion, ransoming data, the financing of terrorism, other violent activities or any prohibited market practices;
  5. distribute unsolicited or unauthorized advertising or promotional material, written media releases, public announcements and public disclosures, junk mail, spam or chain letters;
  6. use a web crawler or similar technique to access our Services or to extract data;
  7. use a web crawler or similar technique to access our Services or to extract data;
  8. perform any vulnerability, penetration or similar testing on the API;
  9. take any action that imposes an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data or information;
  10. transmit or upload any material to the Site or the App that contains viruses, Trojan horses, worms, or any other harmful or deleterious programs;
  11. otherwise attempt to gain unauthorized access to or use of the Site, the API, the App, other ID.DEX Accounts, computer systems or networks connected to the Site or the App, through password mining or any other means;
  12. transfer any rights granted to you under this Agreement;
  13. engage in any other activity which, in ID.DEX’s reasonable opinion, amounts to or may amount to market abuse including without limitation the carrying out of fictitious transactions or wash trades, front running or engaging in disorderly market conduct; or
  14. engage in any behavior which is unlawful, violates this Agreement or is otherwise deemed unacceptable by ID.DEX in its sole discretion.

20. ELECTRONIC TRADING TERMS

We may delist a Digital Asset at any time in its sole discretion based on a number of factors, one of which may include changes in a given Digital Asset’s characteristics after we have listed the Digital Asset on ID.DEX.

A transaction on ID.DEX may fail for several reasons, including without limitation to change in seller prices, insufficient margin, or unanticipated technical difficulties. We make no representation or warrant that any transaction will be executed properly. We are under no circumstances liable for any loss or injury suffered by a failure of a transaction to complete properly or in a timely manner. Further, we are in no way responsible for notifying you of a transaction failure, although you are able to see any such failures on the Site. You have full responsibility to determine and inquire into the failure of any transaction which you initiate.
In the event that you receive any data, information, or software through our Services other than that which you are entitled to receive pursuant to this Agreement, you will immediately notify us and will not use, in any way whatsoever, such data, information or software. If you request a withdrawal of Digital Assets and we cannot comply with it without closing some part of your open positions, we will not comply with the request until you have closed sufficient positions to allow you to make the withdrawal.
We may refuse to execute a trade, impose trade amount limits or restrictions at any time in its sole discretion without notice. Specifically, we reserve the right to refuse to process, or the right to cancel or reverse, any transaction or not provide access to a User’s deposit address on the ID.DEX where it suspects the transaction involves money laundering, terrorist financing, fraud, or any other type of crime or if we suspect the transaction relates to a prohibited use as stated in this Agreement, including transactions involving the opening of an Account and subsequent closure without any actual trading occurring. ID.DEX provides deposit Accounts to enable trading using the Services and does not allow Users to use such Accounts as a web wallet or address changing service. We reserve the right to halt deposit activity at our sole discretion. While ID.DEX may in its discretion reverse a trade, a User may not change, withdraw, or cancel its authorization to make a transaction, except with respect to partially filled orders.
We may correct, reverse, or cancel any trade impacted by an error in processing your purchase or otherwise. Your remedy in the event of an error will be limited. You may seek to cancel your order or obtain a refund of any amounts charged to you, although we cannot guarantee such cancellations or refunds will always be possible.
We provide Users with a platform that allows their orders to be matched with the orders of other Users. Orders may be partially filled or may be filled by a number of orders, depending on the trading activity at the time an order is placed. ID.DEX operates as a trading platform provider only and does not act as principal or counterparty with respect to trades entered into on the platform. Notwithstanding the foregoing, (i) ID.DEX may act as a counterparty for limited trades made for the purpose of liquidating fees collected on User trades, and (ii) affiliates of ID.DEX may execute trades on the platform; provided, however, that such affiliates shall not be afforded any priority in trade execution.
The Digital Assets that are available for purchase through the Services may be subject to high or low transaction volume, liquidity, and volatility at any time for potentially extended periods. You acknowledge that while we are using commercially reasonable methods to provide exchange rate information to you through our Services, the exchange rate information we provide may differ from prevailing exchange rates made available by third parties. Similarly, the actual market rate at the time of your trade may be different from the indicated prevailing rate depending on the velocity of trading in the Digital Asset involved in your trade. You agree that you assume all risks and potential losses associated with price fluctuations or differences in actual versus indicated rates.

21. OWNERSHIP OF DIGITAL ASSETS

You hereby represent and warrant to us that any Digital Assets used by you in connection with ID.DEX are either owned by you or that you are validly authorized to carry out transactions using such Digital Assets and that all transactions initiated with your Account are for your own Account and not on behalf of any other person or entity. For the avoidance of doubt, ID.DEX does not own any Digital Assets held by Users on the platform.

22. TAXES

You will be able to see a record of your transactions via your Account which you may wish to use for the purposes of making any required tax filings or payments. It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and to collect, report, and remit the correct tax to the appropriate tax authority. We will make any tax withholdings or filings that we are required by law to make, but we are not responsible for determining whether taxes apply to your transaction, or for collecting, reporting, or remitting any taxes arising from any transaction.

23. INDEMNIFICATION, RELEASE

You agree to indemnify and hold ID.DEX, its affiliates, and service providers, and each of their officers, directors, agents, joint venturers, employees, and representatives harmless from any claim or demand (including attorneys’ fees and any losses, fines, fees, or penalties imposed by any regulatory authority) arising out of your breach of this Agreement, or your violation of any law or regulation.
For the purpose of this Section 26, the term “losses” means all net costs reasonably incurred by us or the other persons referred to in this Section which are the result of the matters set out in this Section 26 and which may relate to any claims, demands, causes of action, debt, cost, expense or other liability, including reasonable legal fees (without duplication).
“Indemnify” means to compensate someone for the harm or loss they may suffer. If you breach this Agreement or violate the law and it results in ID.DEX facing claims or expenses, you agree to cover those losses.
If you have a dispute with one or more users or third parties, you release ID.DEX (and its affiliates and service providers, and each of their officers, directors, agents, joint ventures, employees, and representatives) from any and all claims, demands, and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.
If you have a dispute with anyone other than ID.DEX, you release us from liability associated with that dispute.

24. LIMITATION OF LIABILITY, NO WARRANTY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ID.DEX AND OUR AFFILIATES AND SERVICE PROVIDERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, AND REPRESENTATIVES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ID.DEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICES.


We will not be liable for “exemplary damages” (often called punitive damages) or other indirect losses.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES AND CLOSE YOUR ACCOUNT. THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED. ID.DEX, OUR AFFILIATES, AND OUR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ID.DEX MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS.


We cannot guarantee that ID.DEX will always meet your demands. As we grow we will likely add new services, change certain features and drop old features. We hope you are always happy with ID.DEX, but we cannot contractually guarantee you will be.
Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from jurisdiction to jurisdiction.

25. FORCE MAJEURE

ID.DEX shall have no liability for any failure or delay resulting from any abnormal or unforeseeable circumstances outside our reasonable control, the consequences of which would have been unavoidable despite all efforts to the contrary, including without limitation governmental action or acts of terrorism, earthquake, fire, flood, or other acts of God, labor conditions, delays or failures caused by problems with another system or network, mechanical breakdown or data-processing failures or where we are bound by other legal obligations.

26. GOVERNING LAW, VENUE AND ARBITRATION

Except for those disputes that shall be resolved in arbitration or in small claims court pursuant to this section, each party agrees to submit to the personal and exclusive jurisdiction of the courts located in Boston, Massachusetts, USA provided that any claims or disputes shall be subject to the arbitration provisions set forth below.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought, in an individual capacity only, and not on a class-wide or representative basis, in the courts specified above), any dispute between you and ID.DEX related in any way to, or arising in any way from, our Services or this Agreement (“Dispute”) shall be finally settled on an individual, non-representative basis in binding arbitration in accordance with the American Arbitration Association (“AAA”) rules for arbitration of consumer-related disputes (available from AAA on its website at www.adr.org), as modified by this Agreement or in accordance with rules on which we may mutually agree; provided, however, that to the extent a Dispute is within the scope of a small claims court’s jurisdiction, either you or ID.DEX may commence an action in small claims court, in the county (or equivalent) of your most recent physical address, to resolve the Dispute.
Any arbitration will be conducted by a single, neutral arbitrator and shall take place in Tallin, Estonia. The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys’ fees when authorized by law. The arbitral decision may be enforced in any court of competent jurisdiction. You hereby agree that this Agreement evidences a transaction involving interstate commerce, and therefore, the Federal Arbitration Act (“FAA”) applies to this Agreement, including the agreement to arbitrate set forth in this Section 29. We each agree that the FAA, and not state law, shall govern whether a Dispute is subject to arbitration.

27. AMENDMENTS

We may amend any portion of this Agreement at any time by posting the revised version of this Agreement with an updated revision date. The changes will become effective, and shall be deemed accepted by you, the first time you use the Services after the initial posting of the revised Agreement and shall apply on a going-forward basis with respect to transactions initiated after the posting date. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services and close your Account. You agree that we shall not be liable to you or any third party as a result of any losses suffered by any modification or amendment of this Agreement.
If the revised Agreement includes a material change we will provide you with prior notice before the material change becomes effective. For this purpose, a “material change” means a significant change other than changes that (i) are to your benefit; (ii) are required to be made to comply with applicable laws and/or regulation; (iii) relates to a new product or service made available to you or (iv) to otherwise clarify an existing term.
As ID.DEX grows and offers new features, products, and services, we will need to make changes to this Agreement. If we make a big change, we’ll let you know by email. You can always tell when this Agreement was last changed by checking the “Last Revised” date at the top of the Agreement.

28. ASSIGNMENT

You may not transfer or assign this Agreement or any rights or obligations you have under this Agreement without our prior written consent or otherwise and any such attempted assignment shall be void. We reserve the right to freely assign or transfer this Agreement and the rights and obligations of this Agreement, to any third party at any time without notice or consent. If you object to such transfer or assignment, you may stop using our Services and terminate this Agreement by contacting Support and asking us to close your account.

29. SURVIVAL

Upon termination of your account or this Agreement for any other reason, all rights and obligations of the parties that by their nature are continuing will survive such termination.

30. THIRD PARTY APPLICATIONS

If you grant express permission to a third party to connect to your Account, either through the third party’s product or through ID.DEX, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. Further, you acknowledge and agree that you will not hold ID.DEX responsible for, and will indemnify ID.DEX from, any liability arising from the actions or inactions of this third party in connection with the permissions you grant.

31. SITE, THIRD PARTY CONTENT

ID.DEX strives to provide accurate and reliable information and content on the Site and the App, but such information may not always be correct, complete, or up to date. ID.DEX will update the information on the Site and the App as necessary to provide you with the most up to date information, but you should always independently verify such information. The Site and the App may also contain links to third party websites, applications, events or other materials (“Third Party Content”). Such information is provided for your convenience and links or references to Third Party Content do not constitute an endorsement by ID.DEX of any products or services. ID.DEX shall have no liability for any losses incurred as a result of actions taken in reliance on the information contained on the Site, the App or in any Third Party Content.
From time to time we might post helpful links or articles on our Site or provide these via the App, but you should investigate those sources on your own.

32. LIMITED LICENSE, IP RIGHTS

We grant you a limited, non-exclusive, non-sublicensable, and non-transferable license, subject to the terms and conditions of this Agreement, to access and use the Services solely for approved purposes as determined by ID.DEX. Any other use of the Services is expressly prohibited. ID.DEX and its licensors reserve all rights in the Services and you agree that this Agreement does not grant you any rights in or licenses to the Services except for the limited license set forth above. Except as expressly authorised by ID.DEX, you agree not to modify, reverse engineer, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in whole or in part. If you violate any portion of this Agreement, your permission to access and use the Services may be terminated pursuant to this Agreement. “ID.DEX.com”, “ID.DEX” and all logos related to the Services are either trademarks, or registered marks of ID.DEX or its licensors. You may not copy, imitate, or use them without ID.DEX’s prior written consent. All right, title, and interest in and to the Site, any content thereon, the Services, the App and all technology and any content created or derived from any of the foregoing is the exclusive property of ID.DEX and its licensors.
We grant you access to use our products and services, but we still own the intellectual property associated with these products and services.

33. UNCLAIMED PROPERTY

If ID.DEX is holding funds in your Account, and ID.DEX is unable to contact you and has no record of your use of the Services for a prolonged period of time, applicable law may require ID.DEX to report these funds as unclaimed property to the applicable jurisdiction. If this occurs, ID.DEX will try to locate you at the address shown in our records, but if ID.DEX is unable to locate you, it may be required to deliver any such funds to the applicable jurisdiction as unclaimed property. ID.DEX reserves the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by applicable law.
If you haven’t logged into your Account for a prolonged period of time and we are unable to get in touch with you, we may be obligated under law to consider your account abandoned and we might then be required to transfer your account balance to a body designated by law.

34. LEGAL COMPLIANCE

The Services are subject to all applicable export control restrictions, and, by using the Services, you represent that your actions are not in violation of such export control restrictions. Without limiting the foregoing, you may not use the Services if (i) you are a resident, national or agent of Cuba, Iran, North Korea, Sudan, Syria or any other country to which the United States, the United Kingdom or the European Union embargoes goods or imposes similar sanctions (“Restricted Territories”); (ii) you are a member of any sanctions list or equivalent maintained by the United States government, the United Kingdom government or by the European Union (“Restricted Persons”) or (iii) you intend to transact with any Restricted Territories or Restricted Persons.

35. ENTIRE AGREEMENT, THIRD PARTY RIGHTS

The failure of ID.DEX to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and remain enforceable between the parties.
The heading and explanatory text are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. This Agreement, including ID.DEX’s policies governing the Services referenced herein, the Privacy Policy, the Cookie Policy and the E-Sign Consent constitute the entire agreement between you and ID.DEX with respect to the use of the Services.
This Agreement is not intended and shall not be construed to create any rights or remedies in any parties other than you and ID.DEX and other ID.DEX affiliates which each shall be a third party beneficiary of this Agreement, and no other person shall assert any rights as a third party beneficiary hereunder.
This Agreement (along with the Privacy Policy, the Cookie Policy and the E-Sign Consent) are the only documents that govern your relationship with ID.DEX. If some future court judgment deems any particular provision of this Agreement unenforceable, the rest of the Agreement is still valid.

36. QUESTIONS AND CONTACT INFORMATION

We often post outage notices and other relevant Services information on our Twitter account: @IDChain_Team so we advise Users to check this before contacting support.
To contact support, go to Support and open a ticket. Please provide all relevant information, including your ID.DEX username and transaction IDs of any related deposits. Although we make no representations or provide no warranties about the speed of response, we will get back to you as soon as possible.

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